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Vermont court backs gay-couple benefits Associated Press: Ross Sneyd December 21, 1999 The state's supreme court rules in favor of acknowledging same-sex couples, but splits on whether it should be in the form of domestic partnership or marriage. By the time Nina Beck and Stacy Jolles got the news, it seemed like everyone already knew: The Vermont Supreme Court had issued its long-awaited ruling on gay marriage. They had won. The court ruled unanimously Monday that gay and lesbian couples in Vermont should enjoy all benefits and privileges afforded to heterosexual couples who can legally marry. It is the first court in the nation to make such a sweeping ruling on the question. But the justices split on whether it should amount to marriage. One justice split from the majority's view that the state Legislature should decide whether gays and lesbians should actually be allowed to marry or should be given domestic partnership benefits equivalent to heterosexual marriage. The split was of no immediate concern to Beck and Jolles and the other two couples who sued in 1997 when their town clerks denied them marriage licenses. "It's just fantastic this decision could come following his birth," Beck said as Jolles stood alongside her holding their month-old son Seth. The issue now will be the subject of debate before the Legislature, which convenes on Jan. 4. "I think the court has broken all barriers by clearly ruling that we have a class of individuals in Vermont who are being denied their rights and I think it is the Legislature's responsibility to correct that injustice," said Peter Shumlin, Senate president pro tem. But the question will be how. Should Vermont statutes be amended to permit two men or two women to marry? Should a domestic partners registry be established for gay couples to record their relationships and therefore qualify for the benefits now accorded heterosexual married couples? "I think it's going to take a couple of weeks, anyway, for people to understand what this means," said Rep. Thomas Little, chairman of the House Judiciary Committee. "Everyone wants to have a virtually immediate informed reaction to it, but I think it takes longer than that." Gov. Howard Dean said same-sex marriage "makes me uncomfortable, the same as anybody else." He predicted the Legislature would comply with the court decision by enacting a domestic partners law rather than making marriage legal for same-sex couples. House Speaker Michael Obuchowski, who previously said he would support gay marriage, said politics might prevent that. "What I'm hearing from my colleagues is that they're saying that domestic partnership is a more politically attainable situation and I think I'd have to agree with that analysis," said Obuchowski, a Democrat like Dean. Though they were ecstatic, the three couples who sued will hold off on their celebrations until they get an opportunity actually to say their vows in a wedding ceremony. "I think the actual celebration will be when we get married," said Stan Baker, standing with his arm around partner Peter Harrigan. back to latest news |