I'm Getting Married in the Morning! - Page One
Dateline: 12/20/99
The Decision
The Vermont Supreme Court ruled today (December 20, 1999) that gay and lesbian couples must be granted the same benefits and protections given married couples of the opposite sex. The ruling has been described as the first of its kind in the nation.
Gay rights activist Scott Miller notes, "A huge victory in the state of Vermont goes a long way towards removing our second-class status as citizens."
He continues, "To mark this momentous occasion, I would like to see every national gay organization schedule their next convention in Vermont. Giving this state an influx of gay dollars is the least we could do!"
I can't say that I disagree with him. Any state that supports fundamental fairness is all right in my book.
The case that is bringing the smiles is Baker v. State, where three Vermont (two men and four women) couples were suing for freedom to marry.
In its landmark decision, the Vermont Supreme Court today ruled in favor of three same-sex couples who challenged the constitutionality of Vermont's marriage laws.
Writing for the Court, Justice Amestoy declared, "The extension of the Common Benefits Clause to acknowledge plaintiffs as Vermonters who seek nothing more, nor less, than legal protection and security for their avowed commitment to an intimate and lasting human relationship is simply, when all is said and done, a recognition of our common humanity."
The decision made no bones about the benefits marriage confers, "We hold that the state is constitutionally required to extend to same-sex couples the common benefits and protections that flow from marriage under Vermont law."
The Court concluded that statutory benefits and protections of marriage must be extended to same-sex couples. The Court directed the legislature to remedy the discrimination. The court said the Legislature will determine whether such benefits will come through formal marriage or a system of domestic partnerships.
Under either method, the result must offer equal protections to same-sex couples as currently afforded to heterosexual married couples. The decision was unanimous.
The Plaintiffs
Holly Puterbaugh and Lois Farnham, one of the plaintiff couples, cheered the Court's ruling, noting, "We'll be celebrating our 27th anniversary together in October. We look forward to the time when we can finally make it official." Stan Baker and Peter Harrigan of Shelburne, and Nina Beck and Stacy Jolles of South Burlington, joined Farnham and Puterbaugh in challenging the State of Vermont's refusal to grant them civil marriage licenses.
Susan Murray, co-counsel for the Plaintiffs from the Middlebury law firm Langrock Sperry & Wool, stated: "It's really a win-win situation for everyone. The Court's decision will provide added security and protection to same-sex couples and their families without taking anything away from anyone else."
"This is a legal and cultural milestone," added Mary Bonauto, co-counsel for the plaintiffs, and Civil Rights Director at New England-based Gay & Lesbian Advocates & Defenders. "The Court recognized that same-sex couples need and deserve the same legal rights and protections other people take for granted. The Court's decision paves the way for more secure families and stronger communities."
Next Page> The Ramifications> 1, 2, 3
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