Vermont Freedom to Marry

Beth's Blog - Prop 8 Case Presents Educational Opportunities, Potential Future Risk

Most of you have probably heard by now that the trial in the California court challenge to Proposition 8 begins today.  It's expected to take two weeks.  Stay tuned -- it should be interesting, and will no doubt provide helpful opportunities for public education.

I expect we'll be reading and hearing a lot about the trial over the next few weeks.  It's a great educational opportunity!  The more Americans learn about the realities of our lives, the sooner we'll have full equal rights.  The case is drawing even more attention than it otherwise might because of the identity of the lead lawyers representing the gay couples.  Former Republican Solicitor General Ted Olson, a respected conservative on many issues, and David Boies, a prominent liberal, last faced off in the case of Bush v. Gore.  That human interest angle has attracted a lot of media.  It also demonstrates that the values of freedom, family, and equality don't belong exclusively to the liberals or the conservatives, the Democrats or the Republicans.

Most, but not all, of the state court marriage cases have proceeded without an actual trial, so this process is atypical.  Rather than relying on briefs and articles, the parties in this case will present testimony and expert evidence regarding some of the factual issues that underlie the legal analysis in this case.  Are same-sex relationships as stable as heterosexual relationships?  Do gay, lesbian and bisexual people have enough political power to rely on the majoritarian political process to protect their rights?  For the next two weeks a United States District Court in California will hear evidence about these and other issues before deciding whether California's state constitutional ban on same-sex couples legally marrying (aka Prop 8) violates the United States Constitution.

The case is also unusual insofar as this is the first time in the modern freedom to marry movement that parties have posed a credible federal constitutional challenge to laws prohibiting same-sex couples from marrying.  Thus far, all of the cases in the past two decades, from Hawaii through Iowa, have focused on state law constitutional challenges.  That isn't a coincidence.  State constitutions provide independent and meaningful constitutional rights.  Decisions of state supreme courts regarding their own state constitutions also are not appealable to the United States Supreme Court, since state supreme courts are the final arbiters of their own states' constitutions.  This case, by raising claims under the United States Constitution, could potentially land in the United States Supreme Court -- for better or for worse.

Therein lies the controversy.

Beth's Blog: Gubernatorial Primary Features Lots of Friends!

As the pack of candidates running for Governor in 2010 has grown, many folks have asked me about the various contenders.  Where were they on the freedom to marry?  How did they advance (or hinder) the cause?

With one notable exception -- current Lt. Governor Brian Dubie -- I'm happy to report that ALL of the other declared gubernatorial candidates to date are friends.  I'm not purporting to offer a full catalog of their records on LGBT civil rights issues -- I'll let them and their campaigns cover that ground.  I will speak to my own experiences with them with respect to the civil union struggle and the freedom to marry.

Democratic Primary

Senator Susan Bartlett: Senator Bartlett has cast the hard votes for us -- twice.  In 2000, when the civil union bill came before the Senate, Senator Bartlett voted in favor.  Her district, Lamoille County, was deeply divided on the question, and she felt the political backlash from her courageous vote.  In 2009, when the marriage bill came before the Senate, she stood up for freedom and families again, voting in favor of the bill and the override.

 
Former Senator and Representative Matt Dunne: Senator Matt Dunne has been a longtime ally.  He hasn't been in a position to vote on this issue, but he publicly and unflinchingly expressed his support for the freedom to marry back in 1996 -- even before the Baker v. State case.  Several years ago, former Senator Dunne hosted a house party for Vermont Freedom to Marry in his home.  He invited dozens of friends and neighbors, helping us network with a new community of potential supporters, and lent his own stature and energy to the cause of equality in marriage.

 
Secretary of State Deb Markowitz: Secretary Markowitz also has not had the opportunity to vote on these issues, but has taken other steps to support equal rights for same-sex couples.  As Secretary of State, she consistently ensured that town clerks and others who sought her office's counsel were faithful to the law.  During the 2009 debate on the marriage bill, she didn't have to enter the fray in her role as Secretary of State.  But she didn't hold back, penning an op-ed that laid out her strong support for the freedom to marry and described the impact of the law on her own lesbian family members.

 
Senator Doug Racine: Senator Racine has a long history of actively working for LGBT civil rights predating the civil union/marriage debates.  In 1999, before the Vermont Supreme Court issued its decision in the Baker v. State case, then-Lt. Governor Racine expressed support for the freedom to marry.  He took considerable flak in the press for his statement.  As Lt. Governor, he did not have a chance to cast a vote on the civil union bill, though he publicly supported it.  In 2007, he co-sponsored a bill to end the unequal treatment in our civil marriage laws, and in 2009, he helped us finish the job, voting for the marriage bill.

 
Senator Peter Shumlin: In 2000, as Senate leader, Peter Shumlin worked hard to ensure passage of the civil union law.  In 2007, alongside then-House Speaker Gaye Symington, Senator Shumlin created the Vermont Commission on Family Recognition and Protection to hold public hearings around the state.  The Commission's work paved the way for passage of the marriage bill in 2009.  In 2009, again acting as Senate leader, Senator Shumlin had the vision to see possibilities where many others did not, the courage to take action, and the skill to get the job done.  In the face of widespread ambivalence about taking up the marriage bill in 2009, Senator Shumlin stepped up to the plate, committing to moving a bill thoughtfully and efficiently.  Make no mistake about it, had it not been for Senator Shumlin's commitment to passing a marriage bill in 2009, and his willingness to put himself on the line in a big way to advance the central civil rights movement of our generation, same-sex couples would not be able to legally marry in Vermont today.

Republican Primary

 
Lt. Governor Brian Dubie: Lt. Governor Dubie has consistently opposed equal rights for families formed by same-sex couples in Vermont.  In fact, in 2000, as a private citizen, he testified in public hearings against the civil union bill. 

Beth Robinson is Chair of Vermont Freedom to Marry Action Committee