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VT House OKs Civil Unions
PlanetOut News Staff
Thursday, March 16, 2000

Without a single vote to spare, the Vermont House of Representatives on March 16 approved a bill to extend all the benefits and responsibilities of marriage within the state's power to gay and lesbian couples. There's believed to be majority support in the 30-member state Senate that will next take up the bill, and Governor Howard Dean (D) has promised to sign it. Vermont will then have made a quantum leap beyond any other state in the union in recognizing same-gender couples, although more than 1,000 federal benefits will still be out of reach. The legislature is acting in response to a December ruling by the Vermont Supreme Court that denying the benefits of marriage to gay and lesbian couples violates the state constitution's Equal Benefits clause.

There are 150 members in the Vermont House, and the final vote was 76 - 69, the minimum number of "yeas" for passage. The preliminary vote taken after a marathon debate on March 15 had been 79 - 68 (with two absences). When debate began that morning, only a dozen Representatives were undecided and both the supporters and the opponents of civil unions believed they had a good chance of prevailing. In the preliminary vote, 59 Democrats, 15 Republicans, 4 Progressives and one Independent voted yes, while 16 Democrats, 51 Republicans, no Progressives and one Independent voted no.

On both days, the chamber was filled to overflowing with spectators who signaled their positions with badges: pink for civil unions, white against them. The Vermont Freedom to Marry Coalition maintained a vigil of more than 100 people outside, singing, and cheering when the votes were announced.

The House Judiciary Committee charged with drafting a bill in response to the high court ruling provides for three kinds of relationships. One is marriage, reserved for heterosexual couples by state law; the preamble to the bill repeated that restriction, and one amendment that passed on March 15 added its restatement to the body text as well. The second is "civil unions" for same-gender couples, which are equivalent to marriage in every way the state can provide; that means changing some 400 statutory references to "marriage" and "spouse" to add "or partner in a civil union," in order to offer some 300 benefits and responsibilities. From buying a license to divorcing in family court, civil unions are like marriage. The third category is "reciprocal beneficiaries," providing some very limited benefits to other kinds of couples who live together but cannot legally marry, such as blood relatives.

No substantive amendments were reported to have been adopted on March 15; detailed reports for March 16 were not available at press time. One amendment proposed by Representatives Dean Corren (Progressive-Burlington) and David Deen (D-Westminster) would have extended the marriage law to include gays and lesbians; it was defeated 125 - 22. Another failed proposal would have amended the civil unions bill to include a prohibition against legal recognition of same-gender marriages another state may someday perform. An amendment to extend civil unions to "domestic units" including all pairs who cannot legally marry was defeated 118 - 29. A proposal to put questions before voters on the November ballot failed 91 - 56; another to hold a constitutional convention on the issue was defeated 103 - 45.

One of the great highlights of the debate was gay Representative William Lippert's (D-Hinesburg) impassioned effort on March 15 to "put a face" on the issue by describing the rewards of his own relationship and the way he'd seen other men care for their partners through the AIDS epidemic. "I've had the privilege of developing a deep, devoted, loving, caring relationship with another man," he began. "Gay and lesbian people, gay and lesbian couples, deserve not only rights, they deserve to be celebrated. Our lives, in the midst of historical prejudice and discrimination, are, in my view, in some way miracles. ... The goodness of gay and lesbian people, gay and lesbian couples, is a triumph against discrimination and prejudice. We deserve to be welcomed because, in fact, we are your neighbors, your friends, indeed, we are your family." He closed saying, "Don't tell me about what a committed relationship is and isn't. I've watched my gay brothers care for each other. There is no love and no commitment greater than what I've seen and what I've known."

When Lippert had finished, conservative Representative Robert Kinsey (R-Craftsbury) instantly rose to call it "the greatest speech I've heard in my 30 years," and to add, "That's why I'm glad to be a friend of the member from Hinesburg and that's why I'm glad to be on his side."

Another personal note was struck by Representative Mary Mazzariello (D-Rutland City), who explained that her two daughters "did not choose to be different. Their pain and their inability to fit the mold has been our pain as well. ... Please help to remove the stigma. Make Vermont a leader in the preservation of family life."

Many Representatives struggled with conflicts between the wishes of their constituencies, their oath to uphold the state constitution, and their deeply held personal beliefs. Representative Dianne Carmolli (D-Rutland City), a supporter of civil unions, grew teary at opposing the position of the state leader of her Roman Catholic Church, and commented, "I say this with a heavy heart. I feel this is the first time the Church has turned its back on families -- on children and families."

Representative Nancy Sheltra (R-Derby), a leader in opposing civil unions, was just as sincere in saying, "I truly feel sorry for the state of Vermont. We're really putting ourselves in a dangerous position of judgment from the Almighty God."

Governor Dean, who was lobbying heavily for civil unions throughout the proceedings, told people that the bill would have no impact at all on 97% of Vermonters. But Representative George Allard (D-St. Albans Town) said, "If this passes it will mark the beginning of the end of life in Vermont as I have known it for 56 years."

Time will tell which was correct.
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