Same-Sex Marriage Licenses Available in East Hampton on Monday

Fred Overton said his office is prepared for the Marriage Equality Act to take effect.

The first chance for same-sex couples to receive a marriage license will come on Monday when the town clerk's office opens at 9 a.m.

The Marriage Equality Act goes into effect on Sunday, 30 days after Gov. Andrew Cuomo signed the legislation. While some clerks in New York State will open on Sunday, East Hampton will wait until it's regular hours on Monday.

"I wouldn't say we've had a lot of calls," Overton said of the interest to get a marriage license in East Hampton. However, "I expect we'll be busy on Monday."

But, Overton won't be there to witness the historic event; he already had plans to be out of town.

While a few town clerks in Upstate New York have resigned over Marriage Equality, Overton said he does not have a problem with the law despite being a Catholic. He's been married for 22 years and said if same-sex couples get married, it's their choice.

In his absence, Deputy Town Clerk Carole Brennan will fill his role in granting licenses.

While the office is still waiting to receive the new marriage license forms from the New York State Department of Health, Overton said his state contacts promise his office will receive them by Friday.

"If not, I'll ask the neighboring towns if they can share some with me," Overton told the East Hampton Town Board during a Tuesday work session.

The state forms had to be changed because the only options before were for a "bride" and "groom." Now they offer a gender neutral option of "spouse."

Likewise, the area where the applicant has to put down mother or father has also been changed, according to Brennan. The new form includes "parent" for children who have parents of the same-sex.

The requirements to be issued a marriage license remain the same as with heterosexual couples, Overton said.

The fee to get married is $40. Couples must bring photo identification or a passport and their original birth certificates or a certified copy of the birth certificate. If either party has been married before, they must bring the original divorce papers or a certified copy.

There is a 24 hour waiting period to get married after the license is issued. However, there is no waiting period with second ceremonies, meaning if same-sex couples were already married in one of the states that had previously recognized their marriage, they can get married in New York immediately after receiving their license.

In response to a few questions from callers, Overton said he does not perform marriage ceremonies. In Southampton Town, Clerk Sundy Schermeyer can perform marriages because she is the town's designated marriage officer. East Hampton does not have a marriage officer. The are available for weddings.

The town clerk's office, located in the new on Pantigo Road, is open Monday through Friday, from 9 a.m. to 4 p.m.