1. Are there legal differences between a civil union and a civil marriage?
Answer: (a) Yes.
Civil unions fall short of providing the full protections and benefits of marriage. Only civil marriage confers the whole host of state and federal protections (1,400) whereas civil unions only consist of state protections (350) and are not guaranteed recognition out of the state.
2. Aren't same-sex couples in VT fully protected with a civil union in the same way as married heterosexual couples who are in a civil marriage?
Answer: (b) No.
Civil unions were a great step forward, but same-sex couples and their families are not on equal footing with their married heterosexual neighbors. Below are just some of the issues:* MARRIAGE IS IMPORTANT.
Being "married" is one of the protections of civil marriage that's important to many people, gay and non-gay. The term "marriage" is universally understood everywhere and means something to many people who have grown up in a world where "marriage" signifies a lifetime committed partnership. No newly created law or phrase like "Civil Union" will ever convey the deep social meaning that "marriage" does. It simply doesn't pack the same punch. If we told all married, heterosexual Vermonters that starting tomorrow they would no longer be considered legally married-- that they would be called "domestic partners"-- many wouldn't want to give up the title "married". Yet that's exactly what the laws continue to deny same-sex couples, even when they respect the institution of civil marriage and want to be part of it.
* "SEPARATE" IS UNEQUAL
The exclusion built into the civil union law is harmful. As the Massachusetts Supreme Court acknowledged, ruling that a civil union law would be unconstitutional, "The history of our nation has demonstrated that separate is seldom, if ever, equal." The civil union law gives same-sex couples protections, but by putting gay and lesbian couples in a separate category, it tells all gay Vermonters that our families are not fully included in the Vermont community. We don't need a separate line for gay people at our town clerk's office; it's not the Vermont way.
* CIVIL UNIONS FAIL TO PROVIDE IMPORTANT PROTECTIONS
Couples joined in civil union are insecure when traveling outside of Vermont. For example, if civil union spouses Bill and Joe travel to New Mexico for the weekend, and Joe is seriously injured in a car accident, Bill's ability to make important medical decisions if Joe can't speak for himself is in doubt. New Mexico should recognize their civil union, but we know from experience that doesn't always happen.
Likewise, Baker v. State plaintiff Holly is currently the primary breadwinner in her family. If she should die, Lois, her partner of 32 years, wouldn't get Holly's social security survivor benefits, but would be left to fend for herself. This disadvantage hurts their family tremendously.
Eliminating Vermont's discrimination in civil marriage won't solve these problems immediately since Vermont can't control the discrimination of other jurisdictions. But we can do everything in our power to make sure Vermont is not part of the discrimination, and to send a strong, clear message that Vermont— long a leader on matters of important civil rights—in no way supports discrimination against gay citizens and our families.
3. Which state was the first to enact a civil union law?
Answer: (d) Vermont
In July 1997, three same-sex couples filed suit in Vermont (Baker v. State) seeking legal recognition of their marriages. On December 20, 1999, the Vermont Supreme Court handed down the historic Baker decision.The Court concluded that Vermont's laws unconstitutionally denied same-sex couples the protections and obligations of civil marriage.
The Vermont Legislature was then charged with providing same-sex couples all the rights, responsibilities, and benefits of marriage. Instead of providing same-sex couples full civil marriage, the Vermont Legislature created civil unions. Although we recognized that civil unions were a good step forward, the civil union law represented a painful compromise for our community. Click here for more information about the history of Vermont's freedom to marry movement.
4. If same-sex couples gain the legal right to civil marriage, will churches and synagogues be forced to marry same-sex couples?
Answer: (b) No.
We hope to gain full protections for our families, not to force any church or synagogue to marry same-sex couples. The bill pending in the Vermont legislature does not ask any church or synagogue to recognize any marriage it does not want to. In fact, the title of this bill is "AN ACT RELATING TO PERMITTING SAME-SEX MARRIAGE AND THE CLERGY'S RIGHT TO REFUSE TO SOLEMINIZE A MARRIAGE."The right to freedom of religion, protected by the First Amendment to the U.S. Constitution, ensures that no clergy person can be forced to perform a marriage, or sign a marriage certificate, against his or her faith, and no faith community can be forced to celebrate a marriage in violation of its religion. As a consequence, many people are legally entitled to marry, but cannot insist that they be married in a particular church, or by a particular clergy person. For example, even though an individual who has divorced, or is marrying outside of his or her faith, has a legal right to marry, some communities of faith will not celebrate such marriges. That's their right.
The religious rite of marriage DOES NOT confer any legal rights or responsibilities. The religious rite of marriage is a ceremonial rite of passage within a faith tradition, and only couples who meet the requirements of a particular faith tradition can participate in religious marriage.
A civil marriage is separate from a religious marriage. It is a contract with the state that confers over 1,400 civil rights to couples and their families. A couple who wants to civilly marry can do so without having a religious ceremony. Those who enter into a civil marriage are better protected.
A couple who wants to enter into a religious marriage can do so without entering into a civil marriage. A couple who has a religious marriage only (they have not received a civil marriage license) do not receive any protections from the state.
5. All religions are against civil marriage for same-sex couples?
Answer: (b) False.
There are many people of faith and clergy who support civil marriage rights for same-sex couples. In fact, over 125 clergy members in Vermont have signed the Declaration of Religious Support for Same-gender Couples to Marry. The declaration includes clergy from Episcopal, Methodist, United Church of Christ, Jewish and Presbyterian faiths.Also, you can find out more information about religious support for the freedom for same-sex couples to marry on our Religious Support Page.
6. What does DOMA stand for?
Answer: (b) Defense of Marriage Act.
The misnamed Defense of Marriage Act unfairly allows states to refuse to recognize a valid out-of-state marriage between same-sex couples. The act provides that even if a state recognizes a marriage between partners of the same-sex, the federal government will not, cutting out families headed by same-sex couples from receiving important protections such as social security survivor benefits, family immigration protections, and benefits for veterans' spouses.
7. In what state/s can same-sex couples currently civilly marry?
Answer: (c) Massachusetts. On November 18, 2003 the Massachusetts Supreme Judicial Court ruled in the historic case of Goodridge v. Dept. of Public Health that it is unconstitutional to deny same-sex couples the right to marry. On February 4, 2004, in an advisory opinion, the Massachusetts Supreme Judicial Court reaffirmed that granting rights to same-sex couples through a parallel institution, such as civil unions, would not satisfy the Massachusetts Constitution's requirement that citizens be treated equally and fairly. On May 18, 2004, same-sex couples began legally marrying in Massachusetts.
8. Are Vermont civil unions recognized everywhere?
Answer: (c) There is no clear answer. Unfortunately, civil unions are a newly created legal status that states may or may not recognize. The uncertainty leaves same-sex couples unprotected and vulnerable. We already have a marriage law that is understood and recognized by every state and around the world.
9. Which other state/s have civil union law?
Answer: (d) Vermont, Connecticut, New Hampshire and New Jersey have a civil union law.
10. What other countries recognize same-sex marriage?
Answer: (e) All of the above.
11. Hasn't the institution of marriage always been the same, thus changing marriage to include same-sex couples will change the definition of marriage?
Answer: (b) No.
Throughout history, when we've recognized as a society that discrimination exists within our marriage laws, we have acted to change it. As a result, the institution of marriage has changed dramatically. Marriages were traditionally defined as only unions between people of the same race or religion, and as unions in which wives were the property of their husbands. Those traditional conceptions of marriage have changed to reflect American constitutional values and everyone's basic right to equality.