The State of Marriage

Last updated
The State of Marriage
State of Marriage film poster.jpg
Directed by Jeff Kaufman
Written byJeff Kaufman
Produced byJeff Kaufman
Marcia Ross
Starring Mary Bonauto
Susan Murray
Beth Robinson
CinematographyDaniel Kaufman
Edited byAsher Bingham
Music byLaura Karpman
Nora Kroll-Rosenbaum
Production
company
Floating World Pictures
Release date
  • June 18, 2015 (2015-06-18)(PIFF)
Running time
82 minutes
CountryUnited States
LanguageEnglish

The State of Marriage is a 2015 documentary film about the origins of the marriage equality movement, focusing on the decades of grassroots advocacy by lawyers Mary Bonauto, Susan Murray, and Beth Robinson and the 1999 Vermont Supreme Court case Baker v. Vermont . [1] [2] The film had its world premiere at the 2015 Provincetown International Film Festival on 18 June 2015. [3] It is written and directed by Jeff Kaufman, and produced by Kaufman and Marcia Ross. [4] Funding for the film's post-production and editing work was partially raised through a successful Indiegogo crowdfunding campaign. [5]

Contents

Background

The film depicts the decades-long battle for marriage equality, beginning in Vermont in the 1990s. In 1997, Bonauto, a lawyer at Gay & Lesbian Advocates & Defenders (GLAD), joined forces with two local attorneys, Murray and Robinson, to file a lawsuit against the State of Vermont on behalf of three same-sex couples, Stan Baker and Peter Harrigan, Lois Farnham and Holly Puterbaugh, and Nina Beck and Stacy Jolles. [6] [7] The suit, Baker v. Vermont, ignited state- and nationwide controversy, but eventually resulted in a 1999 State Supreme Court victory and the passage of Civil Unions in 2000, which gave gay and lesbian couples the rights of marriage but not the name. [8] Still, the bill was a national first, and paved the way for gay marriage initiatives in other states, as well as the passage of full same-sex marriage rights in Vermont in 2009. [9]

Kaufman was a radio host in Vermont during the initial legal battle, and witnessing the events unfold inspired the creation of the documentary. The film was shot in Vermont between July 2013 and February 2014. [2]

Cast

Reception

The Hollywood Reporter gave The State of Marriage a favorable review, calling it an "indispensable addition to the filmed history of the marriage equality movement". [10]

Related Research Articles

Baker v. Vermont, 744 A.2d 864, was a lawsuit decided by Vermont Supreme Court on December 20, 1999. It was one of the first judicial affirmations of the right of same-sex couples to treatment equivalent to that afforded different-sex couples. The decision held that the state's prohibition on same-sex marriage denied rights granted by the Vermont Constitution. The court ordered the Vermont legislature to either allow same-sex marriages or implement an alternative legal mechanism according similar rights to same-sex couples.

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.5 billion people. The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand, are set to begin performing same-sex marriages in January 2025.

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

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

<i>Goodridge v. Department of Public Health</i> 2003 US state court case which legalized gay marriage in Massachusetts

Goodridge v. Dept. of Public Health, 798 N.E.2d 941, is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.

GLBTQ Legal Advocates & Defenders (GLAD) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organization primarily achieves this goal through litigation, advocacy, and education work in all areas of LGBTQ rights and the rights of people living with HIV. In addition, GLAD operates a legal information line, GLAD Answers, where LGBTQ & HIV+ residents of New England can receive attorney referrals and information about their rights. The organization changed its name to GLBTQ Legal Advocates & Defenders in February 2016.

Same-sex marriage has been legally recognized in Massachusetts since May 17, 2004, as a result of the Massachusetts Supreme Judicial Court (SJC) ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Constitution of Massachusetts to allow only opposite-sex couples to marry. Massachusetts was the sixth jurisdiction in the world to legalize same-sex marriage after the Netherlands, Belgium, Ontario, British Columbia, and Quebec. It was the first U.S. state to open marriage to same-sex couples.

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.

<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.

<span class="mw-page-title-main">Evan Wolfson</span> American attorney

Evan Wolfson is an attorney and gay rights advocate. He is the founder of Freedom to Marry, a group favoring same-sex marriage in the United States, serving as president until its 2015 victory and subsequent wind-down. Wolfson authored the book Why Marriage Matters: America, Equality, and Gay People's Right to Marry, which Time Out New York magazine called, "Perhaps the most important gay-marriage primer ever written". He was listed as one of Time magazine's 100 most influential people in the world. He has taught as an adjunct professor at Columbia Law School, Rutgers Law School, and Whittier Law School and argued before the Supreme Court in Boy Scouts of America v. Dale. He now teaches law and social change at Georgetown Law School and at Yale University; serves as a senior counsel at Dentons, the world's largest law firm; and primarily provides advice and assistance to other organizations and causes, in the United States and globally, that are seeking to adapt the lessons on "how to win" from the same-sex marriage movement.

Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971), was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the U.S. Constitution. Baker appealed the decision, and on October 10, 1972, the U.S. Supreme Court dismissed the appeal "for want of a substantial federal question".

<span class="mw-page-title-main">Jack Baker and Michael McConnell</span> Advocates of marriage rights for gay couples

Richard JohnBaker and James Michael McConnell are the first same sex couple in modern recorded history known to obtain a marriage license, have their marriage solemnized, which occurred on September 3, 1971 and be legally recognized by any form of government.

Mary L. Bonauto is an American lawyer and civil rights advocate who has worked to eradicate discrimination based on sexual orientation and gender identity, and has been referred to by US Representative Barney Frank as "our Thurgood Marshall." She began working with the Massachusetts-based Gay & Lesbian Advocates & Defenders, now named GLBTQ Legal Advocates & Defenders (GLAD) organization in 1990. A resident of Portland, Maine, Bonauto was one of the leaders who both worked with the Maine legislature to pass a same-sex marriage law and to defend it at the ballot in a narrow loss during the 2009 election campaign. These efforts were successful when, in the 2012 election, Maine voters approved the measure, making it the first state to allow same-sex marriage licenses via ballot vote. Bonauto is best known for being lead counsel in the case Goodridge v. Department of Public Health which made Massachusetts the first state in which same-sex couples could marry in 2004. She is also responsible for leading the first strategic challenges to section three of the Defense of Marriage Act (DOMA).

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Massachusetts enjoy the same rights as non-LGBTQ people. The U.S. state of Massachusetts is one of the most LGBT-supportive states in the country. In 2004, it became the first U.S. state to grant marriage licenses to same-sex couples after the decision in Goodridge v. Department of Public Health, and the sixth jurisdiction worldwide, after the Netherlands, Belgium, Ontario, British Columbia, and Quebec.

<span class="mw-page-title-main">Beth Robinson</span> American judge (born 1965)

Beth Robinson is an American lawyer and judge from Vermont. She is a United States circuit judge of the United States Court of Appeals for the Second Circuit and is the first openly lesbian judge to serve on any federal court of appeals. Robinson served as an associate justice of the Vermont Supreme Court from 2011 to 2021.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

<span class="mw-page-title-main">History of gay men in the United States</span>

This article addresses the history of gay men in the United States. Unless otherwise noted, the members of same-sex male couples discussed here are not known to be gay, but they are mentioned as part of discussing the practice of male homosexuality—that is, same-sex male sexual and romantic behavior.

Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.

<i>Terrence McNally: Every Act of Life</i> 2018 documentary film

Terrence McNally: Every Act of Life is a 2018 documentary film about playwright Terrence McNally. It was directed, produced and written by Jeff Kaufman, and produced by Marcia S. Ross. It premiered at the Tribeca Film Festival in April 2018. It will be distributed by The Orchard in November 2018. An expanded and illustrated version of the script will be published by Smith and Kraus in October 2018. Terrence McNally: Every Act of Life aired June 14, 2019 on PBS’ “American Masters.”

<span class="mw-page-title-main">Timeline of LGBT history in the United States</span>

This is a timeline of notable events in the history of the lesbian, gay, bisexual, and transgender community in the United States.

Jeff Kaufman is an American film producer, director, writer, and artist. Kaufman has produced, written, and directed documentaries focusing on human rights activism and cultural icons including The State of Marriage, Every Act of Life, and Nasrin.

References

  1. "New Documentary Depicts Vermont Lawyers' Fight For Same-Sex Marriage". VPR. 16 June 2015. Retrieved 2 July 2015.
  2. 1 2 Kane, Matt (24 April 2014). "The State of Marriage in Vermont". GLAAD. Retrieved 5 June 2015.
  3. "Gay marriage doc to debut". Times Argus. Retrieved 2 July 2015.
  4. "Jeff Kaufman and Marcia Ross of "State of Marriage"". WOMR . Retrieved 2 July 2015.
  5. "THE STATE OF MARRIAGE". IndieGoGo. Retrieved 3 July 2015.
  6. Garrow, David (9 May 2004). "Toward a More Perfect Union". The New York Times. The New York Times. Retrieved 6 June 2015.
  7. "EXCLUSIVE CLIP: The State of Marriage". OUT. 19 June 2015. Retrieved 2 July 2015.
  8. Goldberg, Carey (19 April 2000). "Vermont Moves Step Closer To Same-Sex Civil Unions". The New York Times. Retrieved 6 June 2015.
  9. "Middlebury lawyer Murray is Vt. lawyer of year". WPTZ. 30 September 2012. Retrieved 6 June 2015.
  10. Rooney, David (24 June 2015). "'The State of Marriage': Provincetown Review". The Hollywood Reporter. Retrieved 2 July 2015.