|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Questions
about the content of this site may be sent to the Vermont Freedom
to Marry Task Force Coordinator
Questions about this site may be sent to the webmaster |
|
|
|
Vermont
Freedom to Marry Task Force
|
|
|
|
PROUD OF VERMONT!
Montpelier, VT, April 25, 2001
Hundreds turned out to celebrate the one-year anniversary
of the signing of the Civil Union bill into law.
|
| |
What
is a Civil Union?
Civil Union is a legal status available to same-sex couples.
In order to form a Civil Union, a couple would get a license
from a Vermont town clerk, have the license certified by a justice
of the peace, clergy member, judge, or other qualified person
who oversees the union ceremony, and then file the license back
with the town clerk. There is no residency requirement; however,
Vermont is the only state that recognizes this new legal status.
A couple wishing to terminate a civil union must file a dissolution
proceeding in family court that follows the same procedures,
and applies the same laws, as a married couple going through
a divorce. To view the official Vermont Guide to Civil Unions
click
here. |
What responsibilities
and benefits flow from being in a Civil Union?
Parties to a civil union will be subject to the same legal responsibilities,
and the same legal protections, as married couples. These include: |
 |
automatic inheritance
rights without having to get a will, and broad protections
for the surviving partner under the probate laws |
|
right to dispose of partneršs
bodily remains upon death |
|
preference for becoming partneršs
guardian if partner is incapacitated |
|
preference for making health
care decisions without having to execute a Power of
Attorney |
|
right to visit in the hospital |
|
wrongful death cause
of action if partner is killed in an accident |
|
loss of consortium
claim if partner is injured due to anotheršs negligence |
|
exemption from Property
Transfer Tax when one person puts his or her partneršs
name on the deed |
|
right to hold property as
Tenants by the Entirety, protecting property from
some creditors |
|
communication privileges,
so partners cannot be forced to testify against the other |
|
leave from work to care for
an ill partner under family medical leave laws
|
|
leave from work when onešs
partner gives birth to or adopts a child under parental
leave law |
|
rights as a stepparent
for a child of the other partner |
|
protection from discrimination
in insurance and credit (to get, for example, joint
car insurance) |
|
greater access to health
insurance coverage to partners in a civil union |
|
potential responsibility to
provide support (alimony) to the other partner
upon dissolution |
|
|
Is this just marriage
by another name?
No. This law represents a difficult compromise for advocates
of full and genuine equality for same-sex couples. A couple
in a civil union will face tremendous legal obstacles if they
ever move from Vermont. Although parties to a civil union
will have greater access to family health insurance than gay
and lesbian couples presently have, they will still have less
access to such coverage than they would if they could legally
marry. Also, while federal law provides many important legal
protections to married couples, our federal government takes
the position that those protections are not available to couples
joined in civil union.
Although the law assigns a state-recognized legal status
to same-sex couples, the fact that the status is separate
from civil marriage reinforces just how far we have to go
before we reach a place of genuine legal equality with our
heterosexual neighbors.
back to top
|
How did
the legislature decide on Civil Unions?
The civil union bill was presented by the House Judiciary Committee
who spent 10 weeks listening to a lot of testimony and working
very hard to craft a fair and respectful response to the Baker
decision. The favorable vote ended after two days of passionate
floor debates on the bill and many amendments. All amendments
which would have diluted the bill were rejected. The first binding
house floor vote, on March 16th, was 76 for and 69 against.
After taking four weeks of testimony, the Senate Judiciary committee
made some improvements. The Senate passed the Senate Judiciary
version with a 19 to 11 vote on April 19th. The final floor
vote, on April 25, was 79 for and 68 opposed. Governor Dean
signed the bill as soon as it was on his desk on April 26. |
When did the law
take effect?
People were able to apply for licenses as of July 1, 2000. Certain
aspects of the law, involving insurance and taxes, did not take
effect until January 1, 2001. |
|
Can a couple from
outside of Vermont get a civil union license?
Yes. Vermont's civil union law, like Vermont's marriage law,
does not contain a residency requirement. However, if you
want to dissolve your civil union in Vermont, you must live
in Vermont for a year.
|
What effect will
civil unions have outside of Vermont?
Although we certainly hope that other states and private parties
outside of Vermont will recognize and respect civil unions formed
in Vermont, we simply don't know at this point how various states
and parties will respond to civil unions. Non-Vermonters who
form civil unions in Vermont should still take all of the steps
they would otherwise take to legally protect their families
in their home states (including durable powers of attorney,
wills, etc.) |
What about immigration
laws?
Gay and lesbian people have the same need for protection of
their committed relationships as anyone else, and we certainly
hope that the federal government extends to foreign nationals
in civil unions with American citizens the same preferences
in the immigration process as it extends to foreign nationals
in civil marriages with American citizens. Because a federal
law known, ironically, as the "Defense of Marriage Act" specifically
defines marriage as a union between a man and a woman for federal
law purposes, the United States government will likely take
the position that spouses in a civil union are not entitled
to any immigration law protections. |
How can I see the
new law?
To read the full text of the civil union law, see:
http://www.leg.state.vt.us/docs/2000/bills/passed/h-847.htm |
Is the work of the
Vermont Freedom to Marry Task Force over?
Not by a long shot. The need for public education about the
reality and value of our families, and the importance of this
law, has never been stronger. In addition, we don't consider
civil unions a permanent solution to the problem of discrimination
against gay and lesbian couples. This law represents a difficult
compromise for advocates of full and genuine equality for same-sex
couples. We are proud that the State of Vermont has acknowledged
the existence and the value of gay and lesbian relationships
by creating the civil union status, and we are pleased that
same-sex couples will now have access to the benefits and protections
available to married couples. However, a couple in a civil union
will face legal obstacles that heterosexual married couples
do not face. Plus, the fact that the law puts same-sex couples
in a different legal category from heterosexual couples reinforces
just how far we have to go before we reach a place of genuine
legal equality with our heterosexual neighbors. |
How can I help?
First and foremost, you can work hard in your own community
to advance the dialogue about the freedom to marry for same-sex
couples. We also welcome your continuing support for our efforts
in Vermont, and would be
grateful for your contribution. The Vermont Freedom to Marry
Task Force represents a coalition of individuals and associations
in Vermont who support the freedom for same-gender couples to
enter into civil marriages. Our aim is to educate Vermonters
regarding the issues surrounding the freedom to marry. To see
where in Vermont you can get involved go to Get
Involved on this website, or write us at
info@vtfreetomarry.org |
back to top
Read
the Civil Union Law
Obtaining
a Civil Union License
|
|
|
