FOR IMMEDIATE RELEASE: HRC Press Release
Monday, Dec. 20, 1999

HUGE VICTORY IN VERMONT: STATE SUPREME COURT RULES SAME-SEX COUPLES ENTITLED TO EQUAL BENEFITS AND PROTECTIONS

Same-Sex Marriage Legislation is Best Way for Vermont Legislature to Comply with Ruling to Treat Sex Same-Couples Fairly and Equally, Says HRC

WASHINGTON - The Vermont Supreme Court handed down a monumental decision today, ruling that that same-sex couples must be offered the same "benefits" and "protections" that married heterosexual couples now receive. In its ruling, the court directed the Vermont Legislature to decide whether these benefits will come through traditional marriage or through a similar arrangement such as domestic partnerships. Today's historic victory assures that same-sex couples in Vermont will receive the legal rights and protections they deserve. It also continues the trend towards offering equal benefits and protections to gay and lesbian couples, says the Human Rights Campaign.

"We are thrilled that the Vermont Supreme Court had the wisdom and courage to hand down this historic, landmark decision," said HRC Political Director Winnie Stachelberg. "There has never been a logical or justifiable reason to exclude same-sex couples from marrying, and this decision validates the unfairness of exclusion. This is a tremendous victory for gay and lesbian couples in Vermont who are now one-step closer to being considered equal in the eyes of the law."

Mary Bonauto, and Susan Murray and Beth Robinson of Langrock, Sperry & Wool represented the couples who challenged the ban on same-sex marriages.

"This is a legal and cultural milestone," said Bonauto, co-counsel for the plaintiffs, and Civil Rights Director at the New England-based Gay and Lesbian Advocates and 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."

According to the court justices: "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."

"We urge the Vermont Legislature to legalize same-sex marriage because it is the most fair and comprehensive way to comply with the courts mandate that same-sex couples receive equal treatment under the law," said Stachelberg.

The court also ruled that the state legislature will have the final say in how these benefits will be administered. The court ordered the legislature to act in a timely manner, which leaves the possibility of the legislature taking up the issue in the next session.

The impact of this decision on the nation is still unclear and much will depend on whether or not the Vermont Legislature approves marriage or a separately constructed system, says HRC.

"Same-sex couples in Vermont will soon have legal recognition and protections afforded heterosexual married couples," said Stachelberg. "The question that remains is how will these couples be treated when they visit or move to other states? For example, if a couple travels to a neighboring state on vacation and one person ends up in the hospital, does his or her partner still have the same hospital visitation rights he or she would if they were in Vermont?"

The Vermont case is part of a fast-growing trend where same-sex relationships are receiving legal recognition and equal benefits. Earlier this month the Hawaii Supreme Court dropped a case - following a divisive referendum in November -- that would have declared same-sex marriages constitutional. While the ruling was a blow to efforts to bring legalized same-sex marriage to Hawaii, the court found that the state has no legitimate reason for excluding same-sex couples from civil marriage. The ruling did not overrule the 1993 decision that the denial of the freedom to marry is sex discrimination. It did not bar future cases that seek the benefits, protections and responsibilities that come with civil marriage. According to HRC's WorkNet, almost 3,000 U.S. employers currently offer domestic partner insurance benefits including more than 70 Fortune 500 companies. Some of the most successful and fastest-growing companies in the nation have taken this step, including Shell Oil, Walt Disney Company, IBM, Kodak and Microsoft. (A complete list of employers offering domestic partner benefits is available at http://www.hrc.org/worknet.)

Municipal governments have also become leaders in the quest for basic workplace equality as several major cities have passed ordinances requiring contractors to offer equal health insurance benefits to the domestic partners of their workers.

The Seattle City Council voted 9-0 last month to pass an equal benefits bill, sponsored by City Councilwoman Tina Podlodowski. On Nov. 17, Los Angeles passed a similar measure, sponsored by Councilwoman Jackie Goldberg. Both bills were modeled after San Francisco's landmark Equal Benefits Ordinance.

There is evidence that public opinion towards same-sex marriage may be slowly changing, as people become more familiar with same-sex couples and the challenges they face. A Sept. 16 NBC/Wall Street Journal poll reported that two-thirds of all Americans believe that gay and lesbian people will win the freedom to marry.

Lesbian and gay Americans continue to be denied the basic rights and responsibilities of civil marriage in all 50 states. The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.