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Abstract: 

The petitioners, two married couples who each paid $45 to obtain marriage licenses, sued the Commissioner of the New Hampshire Department of Health and Human Services arguing that a portion of the fee was, in fact, an unlawful tax. The governing statute allocated $38 from each fee for a special fund for domestic violence programs (DOVE Fund). The sole purpose of this fund was to provide revenues for the domestic violence program as established by the statute, and the monies were not available for any other purpose. The plaintiffs alleged that the $38 portion violated the State’s constitution. Both parties moved for summary judgment based on exhibits and affidavits.c

Keywords: valid fee, not a tax; New Hampshire Supreme Court Upholds Trial Court

Affiliations:  .