Amendment ID: S2425-2

Amendment 2

Gender identity on marriage certificates

Mr. Finegold moves that the proposed new draft be amended in section 1, by striking out, in line 15, the words “, or who has previously changed,”; and

in said section 1, by inserting after the word “record”, in line 28, the following words:- “; provided further that the department may waive the 3 year limitation for a person that demonstrates good cause, as determined by the department”; and

by inserting after section 1 the following section:-

“SECTION 1A. Said section 13 of said chapter 46, as so appearing, is hereby further amended by adding the following subsection:-

(l)(1) The state registrar or town clerk shall amend a certificate of marriage for a person who has a certificate of marriage and submits an application in a form approved by the department that includes:

(i) an affidavit executed by the person to whom the record change relates attesting, under penalty of perjury, that: (A) the request is to conform to the affiant’s gender identity; (B) the request is not made for any fraudulent purpose; and (C) the marriage is still legally intact; and

(ii) a notarized statement from the spouse named on the certificate of marriage to be amended consenting to the amendment of the certificate of marriage.

(2) A person may amend a gender designation on a certificate of marriage to a gender designation including, but not limited to, “female”, “male” or “X”. An “X” designation may indicate that the person is another gender or an undesignated gender.

(3) A person may request to amend their name on a certificate of marriage. A request for a change of name on a certificate of marriage shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this subsection.”