Currently same-gender couples cannot be married in any of the 50 states. The concept and practice of civil marriage has evolved over time reflecting changes in social values. Interracial marriage, for example, was illegal in many states until as recently as 1967 when the U. S. Supreme Court finally struck down the last laws prohibiting it.

HAWAII:
In 1993 the Hawaii Supreme Court became the first in the nation to rule that refusing to allow civil marriage between same-gender couples is discriminatory. Following the Hawaii Supreme Court's decision, a Hawaii trial court concluded in 1996 that the Sate of Hawaii could not justify its discrimination and ordered the state to allow same-sex couples to marry. The court put its decision on hold pending an appeal back to the Hawaii Supreme Court. Unfortunately an intervening amendment to the Hawaiian Constitution kept their Supreme Court from finding in favor of the plaintiffs.

VERMONT:
In July 1997, three same-gender couples filed suit in Vermont seeking legal recognition of their marriages. On December 20, 1999the historic Baker decision was handed down. (Link here to read the full Baker Decision.)

The Vermont Legislature was then charged with responding to the Supreme Court's question of how to grant same gender couples all the rights, responsibilities and benefits of marriage. (For some inspiration, read Representative Bill Lippert's speech, made March 15, 2000, on the floor of the Vermont House of Representatives.)

As a result, the state adopted a parallel system called Civil Unions, signed into law in July, 2001. (Link here to read H.847, the bill as passed by the House and Senate.)

In housing, on the job, and in access to public places, Vermont laws prohibit discrimination based on sexual orientation. Vermonters won't tolerate crimes committed based on hatred of gays and lesbians. And Vermont was the first state to allow both adults in same-gender couples to be legally recognized as parents. Same-gender marriage is the next step in granting full liberties to all Vermonters.

AROUND THE COUNTRY:
Coming soon.

SUPPORTS AND OBLIGATIONS OF CIVIL MARRIAGE

Over 300 Vermont laws and 1049 federal statues relate to the particular protections, supports and obligations of married people. Below are a handful of those laws and customs that affect married couples.

• Medical Treatment and Hospital Visitation: Doctors generally defer to a patient’s spouse regarding medical treatment, and the spouse is allowed to visit a patient in preference to all others.

• Inheritance: The law provides certain automatic inheritance rights to a person’s spouse.

• Deceased Bodies: A spouse is generally entitled to deal with the deceased’s body and funeral arrangements.

• Legal Commitment to Remain Married: Married couples need the state’s permission to end their marriage, and divorce laws allow courts to require people to support their spouses after a divorce.

• Social Security, Veteran’s Benefits and Other Government Benefits: Many married people are entitled to financial benefits relating to their spouses, such as disability and social security.

• Health Insurance: Most group health plans provide for coverage of a member’s spouse.

• Bereavement Leave: Many employers provide employees paid or unpaid leave for the death of a spouse.

• Tax Benefits: Such as joint income tax filing and inheritance from one’s spouse free from certain estate taxes.

• Tax Burden: Many married people pay higher income taxes as a result of being married.

• Family Medical Leave: Many employers must give employees unpaid leave to care for an ill spouse.

• Tenancy by the Entirety: Jointly held property may not be attached for the individual debts of either spouse.

• Pensions: Many pension plans provide protection for the surviving spouse of a pension holder.

• Immigration: Foreigners married to American citizens are entitled to preferential immigration treatment.

• Testimonial Privilege: Spouses may not be required to disclose certain communications with each other.

• Social Respect: Legal recognition of a committed union reflects a community respect for that union.