FOR IMMEDIATE RELEASE

May 9, 2000

Couples Announce Termination of Baker v. State Appeal

The three couples who sued the State of Vermont seeking the freedom to marry and won a landmark victory in December, 1999, today announced with their lawyers that they will not press forward with their appeal once Vermont’s civil union law becomes effective.

In its landmark Baker v. State decision, the Vermont Supreme Court retained jurisdiction of the case while mandating the legislature create a system providing the benefits and protections of marriage to same-sex couples. The Legislature adopted a comprehensive Civil Union bill this month, and Vermont Governor Howard Dean signed the bill into law on April 26, 2000.

“We applaud the legislature, the Governor and the people of Vermont for making the civil union bill a reality, said Susan Murray, one of the attorneys for the couples from the Middlebury firm of Langrock, Sperry & Wool (LSW). “As much as we think the Baker decision required the legislature to include same-sex couples in the marriage laws, we recognize that Vermonters need time to talk, consider the civil union law, and come back together as a state.”

Beth Robinson, another LSW attorney, agreed, “This is not the time to press forward in court. We know Vermonters will see that valuing and protecting the relationships of same-sex couples only makes our communities stronger. As we continue discussing equality for gay and lesbian couples through inclusion in the marriage laws, Vermont will be able to draw on its actual experience, rather than conjecture.”

As of July, a same-sex couple from any state who are at least age 18 and not closely related by blood may apply to Vermont town clerks for a civil union license, have that license “certified” by a justice of the peace or willing member of the clergy, and then receive a civil union certificate.

Parties to a civil union will enjoy the same state law protections and responsibilities as are available to spouses in a marriage, thereby transforming gay and lesbian families from “legal strangers” to legal “next of kin.” The protections includes preferences for guardianship of and medical decision-making for an incapacitated partner; automatic inheritance rights; the right to leave work to care for an ill spouse; hospital visitation rights; control of a partner’s body upon death; the right to be treated as an economic unit for tax purposes under state law; greater access to family health insurance policies; the ability to obtain joint policies of insurance and joint credit; parentage rights; and the right to divorce and to an ordered method for ascertaining property division as well as child custody and support. The law applies to private parties as well, and discrimination against parties to a civil union is considered both marital status and sexual orientation discrimination.

Stan Baker and Peter Harrigan added, “In just a few months, we will be able to enjoy a powerful bundle of rights and responsibilities. It’s clear that Vermonters need time to recognize that the civil union law is a strong step in the right direction.”

Lois Farnham and Holly Puterbaugh of South Burlington added, “We know some people will never accept us. But we hope the majority of Vermonters will see for themselves that everyone gains when our families are stronger.”

Nina Beck and Stacy Jolles, also of South Burlington, added, “Our children and families have the same needs for security and legal protection as other families. The civil union law will give us peace of mind for ourselves and our son which we’ve never had before.”

While people from other states may go to Vermont for civil unions, just as they do for marriages, non-Vermonters still need to take the limited measures they can in their own states to protect their families, for example, by having wills and powers of attorney for financial and medical decision-making.

Mary Bonauto, another of the couple’s attorneys at the New England-based Gay & Lesbian Advocates & Defenders, added, “Like any family, same-sex couples need assurance that their family status is protected when they travel with them from state to state. We hope some states and private parties will respect civil unions formed in Vermont. In other instances, litigation will be necessary to settle the question of whether a civil union or some part of it is valid outside Vermont, regardless of the existence of an anti-gay and anti-marriage law.”

Acknowledging both the euphoria and disappointment about developments in Vermont, Bonauto added, “The legal and legislative actions in Vermont are a turning point in our country. One state has now recognized the existence and value of gay and lesbian people and same-sex families. But securing full equality involves a long term civil rights struggle. It’s time for people in other states to look at the Vermont model and do the same kind of grassroots groundwork so they can pick up where the Vermont left off.”