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Summarized by Kent Larsen
Vermont Supreme Court Deals Setback to Defense of Marriage
Associated Press 20Dec99 N1
By Ross Sneyd: Associated Press Writer
MONTPELIER, VERMONT -- The Vermont Supreme Court ruled yesterday that
Gay couple must be given the same benefits and protections given married
couples. The ruling is the first by a state Supreme Court in the United
States. It also complicates the LDS Church supported fight to prevent
same-sex marriages.
The court did not permit same-sex couples to marry, instead leaving it
up to the Vermont legislature to decide whether the benefits will come
through traditional marriage or through some sort of domestic
partnership arrangement. The court said that regardless of the system
used, the law "must conform with the constitutional imperative to afford
all Vermonters the common benefit, protection, and security of the law."
Earlier this month, the Hawaii Supreme Court ended a court case that
sought to legalize same-sex marriages in that state, after a 1998
amendment to the state constitution resolved the case by prohibiting
same-sex marriage.
Earlier rulings in the Hawaii case led to both attempts by the LDS
Church to intervene and nationwide efforts, supported by the LDS Church,
to keep marriages from being recognized in other states. Marriages in
one state are recognized by another state in the U.S., except that 30
states have now passed laws refusing to recognize same-sex marriages
performed elsewhere and the U.S. Congress passed a law allowing states
to refuse to accept these marriages. Gay activists say that these laws
all violate the U.S. Constitution's requirement that states give each
other their "full faith and credit." Should the Vermont legislature opt
to allow same-sex marriage, the constitutionality of these laws would
likely be challenged.
The Vermont case started with a lawsuit filed in July 1977 by three
same-sex couples seeking to marry after they were denied marriage
licenses by town clerks. In arguments before the Vermont Supreme Court
13 months ago, they said that the refusal to grant them marriage
licenses denied them over 300 benefits from the state government and
more than 1,000 benefits from the federal government.
The ruling leaves same-sex marriage opponents with two legal avenues in
the state. Since the ruling is based on the Vermont state constitution
alone, it can't be appealed to the U.S. Supreme Court. Opponents of
same-sex marriages are left with either limiting the arrangements to
domestic partnerships that have all the same benefits of marriage, or
seeking an amendment to Vermont's state constitution.
After the decision on Monday, the LDS Church issued a statement to the
Salt Lake Tribune saying, "As the legislative process moves forward, The
Church of Jesus Christ of Latter-day Saints urges the citizens of
Vermont and their elected representatives to protect the uniqueness and
sanctity of traditional marriage and to preserve the family as the basic
unit of society."
See also:
Benefits Due Gay Couples
Salt Lake Tribune (AP) 21Dec99 N1
http://www.sltrib.com:80/1999/dec/12211999/nation_w/8286.htm
By Christopher Graff: Associated Press
The Salt Lake Tribune's Hilary Groutage contributed to the
Tribune version of this AP story.
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