Marriage Equality Act (Vermont)

Last updated

An Act Relating to Civil Marriage
Seal of Vermont (B&W).svg
Vermont General Assembly
  • "An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage"
Citation Act 3, Regular Session, Session Laws of Vermont 2009
Territorial extent State of Vermont
Passed by Vermont General Assembly
PassedApril 6, 2009
Vetoed byGovernor Jim Douglas
VetoedApril 6, 2009
Veto overriddenApril 7, 2009
CommencedSeptember 1, 2009
Legislative history
Bill titleS.115
Bill citation Senate Bill No. 115
Introduced by Peter Shumlin, John F. Campbell, Claire D. Ayer
Summary
"The purpose of this act is to recognize legal equality in the civil marriage laws and to protect the religious freedom of clergy and religious societies authorized to solemnize civil marriages."
Keywords
same-sex marriage
Status: In force

The Marriage Equality Act is a 2009 Vermont state law which legalized the officiating of marriages between same-sex couples in the state. The law went into effect on September 1, 2009. [1] Vermont became the fourth state to legalize same-sex marriage, the first to do so by legislation rather than a court ruling. [2]

Contents

Prior status

Prior to the Act, same-sex couples in Vermont were allowed since 2000 to engage in civil unions, which granted some of the rights of married couples. [3]

Marriage legislation

On February 9, 2007, several house members introduced a bill to legalize same-sex marriage, but no action was taken. [4] On July 25, 2007, legislative leaders announced the creation of an 11-member committee to study whether the state should do so. The Vermont Commission on Family Recognition and Protection held 8 public hearings and conducted a seminar at Vermont Law School. Opponents of same-sex marriage did not participate, saying the panel was not impartial. [5] [6] At one hearing, Peter Teachout, a law professor, suggested that the notion of two "tracks", civil union and marriage, could easily be discredited by creating the two without specifying whether same-sex couples or different-sex couples would get which. "Just flip a coin at the end and decide who gets marriage and who gets civil unions. Let's see how many people vote for the two-track system then." Another testified that 8 states recognized Vermont's civil unions as the equivalent of marriage. [7] The commission reported on April 21, 2008, [8] and rather than make a recommendation it said: "It is the role of Vermont's policy-makers and elected officials to read and reflect on this report and in their best judgment determine what steps to take in their role as public servants of the people of Vermont." It detailed the differences between civil unions and marriage and noted that a same-sex couple in a civil union lacked "access to less tangible incidents of marriage, including its terminology (e.g. marriage, wedding, married, celebration, divorce), and its social, cultural and historical significance". It noted that marriage was a status understood in other jurisdictions that lacked any equivalent for civil unions. Opponents said that a popular referendum remained the proper way to resolve the issue. [5]

When Representative Mark Larson, on behalf of 59 co-sponsors, introduced a bill to legalize same-sex marriage on February 6, 2009, Governor Jim Douglas said economic and budgetary issues should be the legislature's first concern. [9] The State Senate approved its version of the legislation on March 23 by a vote of 26 to 4. [10] Kris Mineau, president for the Massachusetts Family Institute, said that advocates of same-sex marriage "have wisely targeted the New England states, because of their progressive stance on social issues. But we have not conceded defeat." [11] Douglas announced his intention to veto the bill on March 25 for the first time. He said it was unusual to promise a veto before legislation passed but "During these extraordinary times, the speculation about my decision has added to the anxiety of the moment and further diverts attention from our most pressing issues". [12] On April 3, the House passed an amended version of the bill 95–52, several votes shy of a veto-proof two-thirds majority. [10] [13] On April 6, 2009, the Vermont Senate approved the amendments made by the House. [10] The governor vetoed the legislation the same day. He said he was "sending it to the Legislature urging them to do what their consciences lead them to do, most importantly to do it quickly and get on with the business of the state." He said he was not lobbying legislators: "I think this is such an emotional, divisive, personal issue, it's something that individuals have to decide how to vote on based on their personal convictions and faith and I think each legislator ought to decide personally what to do." [14]

On April 7, 2009, the Senate overrode the veto by a 23–5 vote and the House overrode it 100–49, [10] the first time since 1990 that a Vermont governor's veto was overridden. [1] Six of those voting in favor of the legislation were Republicans. [15] House Speaker Shap Smith said that votes changed in the House not because of specific pressures but because "it was to some degree just a vote to recognize the work that the Legislature had done". Representative Jeff Young, who switched his vote, said "I had to vote with my caucus" in order to win support for his other priorities. Brian Brown of the National Organization for Marriage said: [1]

To the millions of Americans who care about marriage, we say get ready: President Obama and Democrats will use Vermont as an excuse to overturn the bipartisan federal Defense of Marriage Act. The next step is to ask the Supreme Court to impose gay marriage on all 50 states.

Related Research Articles

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

Same-sex marriage has been legal in Vermont since September 1, 2009. The Senate passed same-sex marriage legislation on March 23, which the House of Representatives amended and approved by a 94–52 vote on April 3, 2009. Governor Jim Douglas vetoed the bill as promised on April 6. Both the House and the Senate successfully overrode Douglas' veto the following day. The law went into effect on September 1, making Vermont the fourth U.S. state to legalize same-sex marriage after Massachusetts, Connecticut, and Iowa, and the first to introduce same-sex marriage by enacting a statute without being required to do so by a court decision.

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, it passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

<span class="mw-page-title-main">Bill Lippert</span> American politician

William J. Lippert, Jr., commonly known as Bill Lippert, is a former legislator and gay rights activist from the U.S. state of Vermont. He served 28 years in the Vermont House of Representatives as state representative of the Town of Hinesburg, from 1994-2022. He served as chair of the House Judiciary Committee for ten years, and then served as chair of the House Health Care Committee.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Same-sex marriage has been legally recognized in the U.S. state of Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were performed on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone. Washington was the seventh U.S. state, and the eighth U.S. jurisdiction, to legalize same-sex marriages.

Same-sex marriage has been legally recognized in Connecticut since November 12, 2008 as a result of the Connecticut Supreme Court ruling in Kerrigan v. Commissioner of Public Health that the state's statutory prohibition on same-sex marriage violated the Constitution of Connecticut and that the state's civil unions failed to provide same-sex couples with rights and privileges equivalent to those of marriage.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

Same-sex marriage has been legally recognized in Rhode Island since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011 and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013. Same-sex marriage legislation passed the House of Representatives on January 24, 2013. The Senate passed an amended version on April 24, 2013 by a 26–12 vote, which the House approved on May 2 by 56 votes to 15. The bill was signed into law by Governor Lincoln Chafee the same day, and took effect on August 1, with the first same-sex marriages taking place that day. Rhode Island was the last U.S. state in New England to legalize same-sex marriage.

Same-sex marriage has been legal in New Hampshire since January 1, 2010, based on legislation signed into law by Governor John Lynch on June 3, 2009. The law provided that civil unions, which the state had established on January 1, 2008, would be converted to marriages on January 1, 2011, unless dissolved, annulled, or converted to marriage before that date.

Same-sex marriage has been legally recognized in Illinois since a law signed by Governor Pat Quinn on November 20, 2013 took effect on June 1, 2014. Same-sex marriage legislation was introduced in successive sessions of the Illinois General Assembly from 2007 to 2013. It passed the Senate in February 2013, but legislators delayed a vote in the House while lobbying for votes until November 5, 2013, when the House passed an amended version of the bill by a narrow margin. The Senate quickly approved the amended bill and Governor Quinn signed it into law on November 20. The law went into effect (statewide) on June 1, 2014, with same-sex couples able to apply for marriage licenses and then marry after the mandatory one-day waiting period. Illinois was the nineteenth U.S. state to legalize same-sex marriage.

This is a list of notable events in the history of LGBT rights that took place in the year 2009.

<span class="mw-page-title-main">Hawaii House Bill 444</span> A 2010 bill to legalize civil unions in the US state

House Bill 444 was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.

Same-sex marriage has been legally recognized in Maine since December 29, 2012. A bill for the legalization of same-sex marriages was approved by voters, 53–47 percent, on November 6, 2012, as Maine, Maryland and Washington became the first U.S. states to legalize same-sex marriage by popular vote. Election results were certified by the Maine Secretary of State's office and the Governor of Maine, Paul LePage, on November 29. Maine was the eighth U.S. state to legalize same-sex marriage.

The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.

<span class="mw-page-title-main">LGBTQ rights in Delaware</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBTQ people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.

<span class="mw-page-title-main">LGBTQ rights in Vermont</span>

Vermont is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, with most progress in jurisprudence having occurred in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples prior to the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.

Mark Larson is an American politician from the state of Vermont. A member of the Democratic Party, he represented Chittenden County in the Vermont House of Representatives from 2001 to 2011.

References

  1. 1 2 3 Gram, Dave (April 7, 2009). "Vermont Legalizes Gay Marriage, Overrides Governor's Veto". Huffington Post. Retrieved August 12, 2013.
  2. ↑ "D.C. vote puts gay marriage before Congress". Boston Globe. April 9, 2009. Retrieved August 12, 2013.
  3. ↑ "Civil Marriage v. Civil Unions - National Organization for Women". now.org. November 3, 2009. Retrieved October 26, 2022.
  4. ↑ "Permitting Same-Sex Marriage and the Clergy's Right to Refuse to Solemize [sic] a Marriage". Vermont General Assembly. February 9, 2009. Retrieved August 11, 2013.
  5. 1 2 Gram, Dave (April 24, 2008). "Vt. commission all but endorses gay marriage". Dallas Voice. Retrieved August 11, 2013.
  6. ↑ Webb, Ralph. "Why Is Vermont Excluding Traditional Faiths from Commission Studying Same-Sex Marriage?, September 4, 2007". The Institute on Religion and Democracy. Archived from the original on August 12, 2013. Retrieved August 12, 2013.
  7. ↑ Barlow, Daniel (October 30, 2007). "State gay marriage commission hears from legal scholars". Rutland Herald. Retrieved August 11, 2013.
  8. ↑ "Report of the Vermont Commission on Family Recognition and Protection, April 21, 2008" (PDF). Legislative Work Groups. Vermont State Legislature. Retrieved August 11, 2013.
  9. ↑ Porter, Louis (February 6, 2009). "Vt. House to introduce same-sex marriage bill". Rutland Herald. Archived from the original on February 9, 2009. Retrieved February 7, 2009.
  10. 1 2 3 4 "S.115". Vermont General Assembly. Retrieved January 9, 2016.
  11. ↑ Abel, David (March 24, 2009). "Same-sex marriage bills gain in N.E." Boston Globe. Retrieved August 12, 2013.
  12. ↑ Goodnough, Abby (March 25, 2009). "Gay Marriage in Vermont Faces Veto by Governor". New York Times. Retrieved August 12, 2013.
  13. ↑ Gram, Dave (April 3, 2009). "Vt. House advances bill for gay marriage". Boston Globe. Retrieved August 12, 2013.
  14. ↑ "Governor Vetoes Same-Sex Marriage Bill". Local Vermont News. April 6, 2009. Archived from the original on January 9, 2014. Retrieved August 6, 2013.
  15. ↑ Abel, David (April 8, 2009). "Vermont legalizes same-sex marriage". Boston Globe. Retrieved August 12, 2013.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.