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COURT WRITES RITES-RIGHTS FOR SAME-GENDER COUPLES
A ruling by the Vermont Supremes has been in the news lately. Many people are talking about it, some approving, others disapproving. It may well be one of the most significant of the 20th Century. However, there is much more to all this than whether or not same gender couples will be allowed to buy a license and marry in Vermont.
When it all shakes out, we will discover whether we are a nation of laws, liberty and freedom for all, or a nation ruled by the Bible belt and the Vatican. That is because some people believe that THEIR God created "marriage" and defined it as being a holy union between one man and one woman.
The Court's ruling is simple. It states that same-gender couples deserve the same benefits the state Constitution bestows on men and women who marry. It was based on Chapter I, Article 7 of the Vermont Constitution known as the "common benefits" clause:
"That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community, and not for the particular emolument or advantage of any single person, family, or set of persons, who are a part only of that community... ."
The ruling did not state that same gender marriages are now legal, but "that the State is constitutionally required to extend to same-gender couples the common benefits and pro- tections that flow from marriage under Vermont law."
The Court has turned it over to the legislature to decide whether this ultimately takes the form of inclusion within the present marriage laws, or in a "separate but equal domestic partnership" system, or some other statutory alternative. This must be done in a reasonable length of time or the Court will decide what will be done.
The full text of the decision may be found at: http://www.state.vt.us/courts/vtcourts.htm (click on "opinions" and "current list". The case name is Baker v. State.)
We
may remember that women only recently won the right to vote, own property
and all the other rights formerly given only to men, but we should ALSO
NEVER FORGET that "the scriptures" were AND STILL ARE used to
argue against OUR HUMAN RIGHTS.
Like-minded people also used the scriptures to defend SLAVERY. Today, the scriptures are trotted out again to oppose the action of this Vermont Court. All Americans do NOT recognize the separation of church and state.
Vermont is often out there on the cutting edge. It was the first state to abolish slavery. This made a Southern Congressman so angry that he demanded that a ditch be dug around Vermont and the whole state floated into the Atlantic Ocean.
On gay rights, the State has racked up some impressive action.
1990: passed a hate crime bill. 1992: sexual orientation was identified as a protected class under all the state's anti-discrimination laws and a lesbian couple adopted a child. 1994: became the first state to offer health insurance benefits to domestic partners of state employees. 1996: adoption reform law clarified the legality of same-gender couples to adopt children. 1997: two lesbian and one gay couples challenged the state in court for their right to marry. Their attorney's were Beth Robinson and Susan Murray. Their case was dismissed in lower court and appealed to the Supremes in 1998.
Five people sit on this highest court -- three men and two women. The court's ruling was unanimous; however, one justice both concurred and dissented (see URL above). SHE is Denise Johnson.
This Justice is 52 and lives with her children and husband in Middlesex, Vermont. Before her appointment to the Supremes, she worked hard for equal rights for the women of Vermont in the Attorney General's equal rights division. She was the director of this division when she was appointed to the Supreme Court.
Governor Howard Dean is getting a lot of phone calls from around the country. Most of them coming from the urging of "Dr. Laura" whose advice is broadcasted on many hate-radio- talk-programs. As one might expect, it is the loud voices of religious zealots that are against the Supremes action, but there are also many people calling in favor of the decision.
Since
we are fairly certain that not many 'gappers listen to "Dr. Laura,"
here is the phone number of the Governor's Action Line in case you wish
to call and give your opinion: 1-800-649-6825.
We've written this before but will repeat it. Many, many religious people in this country do NOT try to inflict their beliefs on others. They do NOT insist that the whole country follow the dictates of their religion. We must not forget or let others forget that ALL of the candidates running for president -- except two -- WOULD inflict their religious beliefs on all of us.
1999-053
Copyright 1999 Renee T. Louise and Ruth M. Sprague, Ph.D. These articles may be republished for noncommercial use only, provided that they are copied intact, and that this copyright notice is attached. Address all queries to: twanda@together.net.
G e n d e r G a p p e r s T M
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