I'm Getting Married in the Morning! - Page Two
Dateline: 12/20/99
Vermont Marriage Decision Page> 1, 2, 3
The Ramifications
Once the legislator complies with the Court's directive, same-sex couples in Vermont will be eligible for the protections of a wide variety of laws which recognize the relationship of married partners. For example, they will be able to inherit from one another without a will, make medical decisions if the other is incapacitated, transfer property to each other without tax consequences, and take time from work to care for each other in the event of illness. A surviving spouse will be able to bury his or her own partner, and same-sex couples can be treated as an economic unit for tax purposes. In the event that same-sex married partners break up, they can seek an ordered division of property through the divorce laws. The parties' third attorney, Beth Robinson, explained, "These types of legal protections are extremely important to same-sex couples and the families they form. We can now declare who is our next-of-kin."
More Background
The original lawsuit was filed in the Chittenden Superior Court in July, 1997, after each of the three couples was denied a marriage license by their local town clerk, and was originally dismissed at the trial court level in December, 1997. The plaintiffs appealed to the Vermont Supreme Court which heard oral argument in the case in November, 1998, and interested parties from all over the country submitted friend of the court briefs.
In 1993, Hawaii's Supreme Court ruled that the state's failure to recognize gay marriages amounted to gender discrimination. Yet earlier this month, Hawaii's Supreme Court backpedaled from its original ruling which would have required the legislature to show a "rational basis" for its discrimination against gay and lesbian couples.
The "people having spoken" when the civil right of people to marry was voted upon in a hotly contested ballot measure, funded in no small part from out-of-state groups including the Mormon Church. Hawaii was once considered most likely to legalize same-sex unions but the high court said the issue was resolved by a 1998 amendment to the state constitution against gay marriages, the afore-mentioned vote.
The Hawaiian ruling had set off pre-emptive legislating around the nation. Lawmakers feared that gay couples would fly to Hawaii to get married and that the 49 other states would then have to recognize those marriages, including the National DOMA (Defense of Marriage Act) through the upcoming California Knight Initiative.
Vermont was the only other state whose top court was considering the issue, and today's ruling had been anxiously awaited.
The couples argued that their inability to get married denied them more than 300 benefits at the state level and more than 1,000 at the federal level. The Court concurred, acknowledging that the benefits included "access to a spouse's medical, life, and disability insurance, hospital visitation and other medical decision making privileges, spousal support, in testate succession, homestead protections, and many other statutory protections."
Next Page> A Look Towards The Future> 1, 2, 3
Adult Personals - looking for the perfect adult dating site? sexsearch.com is the perfect stop for online adult personals. search thousands of cities for adults looking to meet you.
