FOR IMMEDIATE RELEASE

December 20, 1999

Court Grants Equal Benefits and Protections of Marriage

Court Grants Equal Benefits and Protections of Marriage to Same-Sex Couples

(Middlebury, Vermont) In a landmark decision, the Vermont Supreme Court today ruled in favor of three same-sex couples who challenged the constitutionality of Vermont’s marriage laws.

Writing for the Court, Justice Amestoy declared, The extension of the Common Benefits Clause to acknowledge plaintiffs as Vermonters who seek nothing more, nor less, than legal protection and security for their avowed commitment to an intimate and lasting human relationship is simply, when all is said and done, a recognition of our common humanity.

The Court concluded that statutory benefits and protections of marriage must be extended to same-sex couples. The Court directed the legislature to remedy the discrimination.

Holly Puterbaugh and Lois Farnham, one of the plaintiff couples, cheered the Court’s ruling, noting, “We’ll be celebrating our 27th anniversary together in October. We look forward to the time when we can finally make it official.” Stan Baker and Peter Harrigan of Shelburne, and Nina Beck and Stacy Jolles of South Burlington, joined Farnham and Puterbaugh in challenging the State of Vermont’s refusal to grant them civil marriage licenses.

Susan Murray, co-counsel for the Plaintiffs from the Middlebury law firm Langrock Sperry & Wool, stated: “It’s really a win-win situation for everyone. The Court’s decision will provide added security and protection to same-sex couples and their families without taking anything away from anyone else.”

“This is a legal and cultural milestone,” added Mary Bonauto, co-counsel for the plaintiffs, and Civil Rights Director at New England-based Gay & Lesbian Advocates & 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.”

Same-sex couples in Vermont will now be eligible for the protections of a wide variety of laws which recognize the relationship of married partners. For example, they will be able to inherit from one another without a will, make medical decisions if the other is incapacitated, transfer property to each other without tax consequences, and take time from work to care for each other in the event of illness. A surviving spouse will be able to bury his or her own partner, and same-sex couples can be treated as an economic unit for tax purposes. In the event that same-sex married partners break up, they can seek an ordered division of property through the divorce laws.

The parties’ third attorney, Beth Robinson, explained, “These types of legal protections are extremely important to same-sex couples and the families they form. We can now declare who is our next-of-kin.” The parties filed their lawsuit in the Chittenden Superior Court in July, 1997, after each of the three couples was denied a marriage license by their local town clerk. The trial court dismissed the case in December, 1997, and the plaintiffs appealed to the Vermont Supreme Court. The Vermont Supreme Court heard oral argument in the case in November, 1998, and interested parties from all over the country submitted friend of the court briefs. In its ruling, he Vermont Supreme Court suspended the case and retained jurisdiction in order to ensure that the legislature crafts an appropriate response.

Gay & Lesbian Advocates & Defenders is New England’s public interest legal organization seeking equal justice under law for gay men, lesbians, bisexuals and people with HIV and AIDS.