Vermont Freedom to Marry

Join Current & Future LGBTQA Leaders at the Vermont Statehouse

 

Join Vermont Freedom to Marry and many others in Montpelier for LGBTQA Leadership Day on April 12.

Come spend the day with Vermont’s diverse lesbian, gay, bisexual, transgender, queer, and ally (LGBTQA) community members and organizations for the eighteenth annual Leadership Day at the Vermont Statehouse on Friday, April 12.

Tour Your Statehouse; Meet Your Legislators.

Learn more, R.S.V.P., and invite your friends here.

On Leadership Day, previously known as Visibility Day, Vermont LGBTQA community members will meet with lawmakers, network, and discuss legislative priorities. The RU12? Community Center, Outright Vermont, Vermont CARES, and Vermont Freedom to Marry designed this day for LGBTQA people of all ages and all degrees of civic engagement -- including first-timers.  Issues include disability rights, transgender health care, elder care, and HIV.

The goals of this event are:

1. Ensuring LGBTQ legislative issues remain a priority for lawmakers
2. Promoting leadership in the public and private sectors among LGBTQA communities around the state.

From Vermont’s first-in-the-nation legal recognition of same-sex couples in 2000 to marriage equality cases in the U.S. Supreme Court in 2013, people still need voices and rights, and there remain important issues to resolve.

All equality-minded Vermonters, regardless of sexual orientation, gender identity, or gender expression, are encouraged to attend LGBTQA Leadership Day.

Review and download Leadership Day materials here.


Leadership Day Schedule:

• 7:00AM – 8:00AM   Organizations set up informational tables in the Statehouse cafeteria
• 8:30AM – 9:30AM   Donuts, coffee, and informal meet & greet with legislators, fellow Vermonters, and community groups
• 9:30AM                  Recognition on the floor of the Vermont House of Representatives; Morning devotional by Rev. Erica Baron, Unitarian Universalist Fellowship, Bennington & Unitarian Universalist Church, Rutland
• 10:00AM – 10:45AM  Welcome by participating organizations, “How to Talk to Your Legislator” presentation in Room 11
• 10:45AM               Individual and group visits with legislators; community organization panel presentation in Room 11
• 11:30AM               Meet with Governor Shumlin in the Ceremonial Office
• 12:00PM               Lunch (on your own) and legislator visits in the Statehouse cafeteria
• 1:00PM                 Regroup in Room 11, share experiences, brainstorm organizing ideas for the upcoming year, debrief

Vermont LGBTQA leaders will be available for comment during the mid-morning meet and greet in Room 11 on the first floor of the Statehouse.

Leadership Day is for all who champion fairness and equality.  We’re excited to see you there!

Follow SCOTUS marriage equality action March 26-27

 

Here's what's going on and how you can keep up with developments.

We are at a critical moment in the struggle for full federal marriage equality. This week the United States Supreme Court will hear oral arguments in two landmark cases challenging California’s Proposition 8 and the discriminatory federal Defense of Marriage Act (DOMA). This marks the first time in history that the Supreme Court has agreed to weigh in on the question of whether same-sex couples have a fundamental constitutional right to marry.

As Vermont’s marriage equality resource, we’re committed to connecting equality-minded Vermonters with the information they need to follow developments at the Supreme Court as they unfold.

First, the basics: Hollingsworth v. Perry, "the Prop 8 case," will be argued at 10 a.m. on Tuesday, March 26. Arguments will last one hour. United States v. Windsor, the DOMA case, will be argued the following day, Wednesday, March 27, at 10 a.m. The Court has allotted additional time in this case, so oral arguments will be one hour and fifty minutes in length. While there is no deadline for the Supreme Court to take action in any case it hears, it is expected to release rulings in both cases by the end of June.

The Supreme Court does not allow recording devices in the courtroom, so it will not be possible to follow the proceedings via a live video feed or on social media like Twitter and Facebook. However, the Court has agreed to release same-day audio files for both Perry and Windsor. (This is only done for cases of high public interest.) The material will be available by 1 p.m. on March 26 for the Prop 8 case and 2 p.m. on March 27 for the DOMA case.

Click here to be taken to the Supreme Court website. On Tuesday and Wednesday, transcripts of oral arguments will be posted here; audio recordings will be posted here at the times noted above.

There are many additional resources that may be helpful to you should you wish to keep up with the latest Supreme Court-related marriage equality news. They include:

• Vermont Freedom to Marry’s web, Facebook, and Twitter pages
• SCOTUSblog, a law blog written by lawyers, law professors, and law students. This site extensively analyzes oral arguments and often has court-related information before any other source does.
• For information about Perry and Windsor, click here to be taken to the VFM website.
• For information about friend-of-the-court briefs filed by Vermont Freedom to Marry and dozens of other organizations, click here to be taken to the VFM website.
• The American Foundation for Equal Rights (AFER), the organization behind the Prop 8 challenge, maintains a regularly-updated blog devoted to marriage equality.
• The American Civil Liberties Union (ACLU) filed suit on behalf of Edie Windsor, forced to pay over $300,000 in estate taxes after the death of her beloved legal spouse, Thea Spyer.  Click here for more on this case from the ACLU, and here to see the many organizations that filed Friend of the Court briefs on Ms. Windsor's behalf.
• Gay & Lesbian Advocates & Defenders (GLAD) is providing equality supporters with the opportunity to sign up for text message alerts about GLAD case developments and other important news. Click here.
• Although rulings in Perry and Windsor aren’t expected until June, the AP has published a guide outlining various potential outcomes the Supreme Court could choose in each case. Click here.
• NPR has just published a feature article highlighting Vermont’s leadership in the marriage equality movement. Click here.

And the United for Marriage Coalition has a list of local events in all 50 states where people can gather to show support for marriage equality. Click here for the map; the Vermont event is a candlelight vigil, held on the village green in Woodstock on Monday, March 25 at 7 p.m.

This week will be one of the most historic in LGBT civil rights history as the conscience of our nation once again turns to the question of whether or not gays and lesbians should be able to marry the person they love. Vermont Freedom to Marry hopes the Supreme Court will stand with the clear majority of Vermonters and our fellow Americans who support the repeal of DOMA, the end of Proposition 8, and the freedom of all loving and committed couples to marry with the full recognition they deserve.

Urging the Supreme Court to Strike Down DOMA and Prop 8

VT Freedom to Marry Joins Broad Coalition Filing Friend-of-the-Court Briefs in Support of Edie Windsor and Prop 8 Plaintiffs

With the Supreme Court set to hear arguments in two landmark marriage equality cases at the end of March, Vermont Freedom to Marry is pleased and proud to be part of the broad and historic coalition of marriage equality advocates urging the U.S. Supreme Court to strike down the discriminatory Defense of Marriage Act (DOMA) and affirm the court rulings that found California’s Proposition 8 unconstitutional.

Last week, with the future of marriage equality at stake, public and private groups filed dozens of friend-of-the-court (amicus) briefs.  Marriage equality organizations, civil rights groups, religious and military leaders, members of Congress, medical and mental health organizations, leading corporations, experts in family and child welfare law, states with marriage equality (including Vermont), and the Obama administration filed amicus briefs in the Supreme Court.  The amicus briefs support Edie Windsor, who is challenging DOMA in United States v. Windsor, and the plaintiffs in Hollingsworth v. Perry, who are challenging California’s Prop 8.

Edie Windsor and Thea Spyer were together for over 40 years and, after a decades-long engagement, were finally able to wed in 2007. When Thea died in 2009, Edie was forced to pay more than $360,000 in estate taxes simply because she was married to a woman. Because of DOMA, Edie and Thea are legal strangers in the eyes of the federal government. If Section 3 of DOMA is found unconstitutional, the federal government will have to recognize Edie and Thea’s marriage and the valid marriages of all same-sex couples, including many in Vermont.

Proposition 8, approved by California voters in 2008, stripped same-sex couples in that state of their existing right to marry and amended the California constitution to reflect an exclusionary definition of marriage. Prop 8 was found unconstitutional by the federal district court and the Ninth Circuit Court of Appeals because it singles out gay and lesbian individuals for exclusion from civil marriage without a legitimate state interest. The plaintiffs in the case are loving, committed couples who, like committed same-sex couples across the U.S., simply want an equal right to marry.

VFM amicus brief for Edie Windsor

In the amicus brief filed in Edie Windsor’s case, Vermont Freedom to Marry joined a coalition of state equality groups to argue that Section 3 of DOMA causes harm to married same-sex couples by denying them the more than 1,000 federal rights and benefits available to opposite-sex couples.

Mary Bonauto, civil rights project director at Gay & Lesbian Advocates & Defenders (GLAD), who coordinated the amicus effort in the Windsor case, said:

The fact that such a wide-range of individuals and organizations are supporting Edie based on their experience and expertise shows that there is no defensible argument for DOMA. It is critical that so many groups stand with Edie in bringing an end to this discriminatory law that hurts so many legally married same-sex couples.

For more information about the coalition filing friend-of-the-court briefs in Edie Windsor’s case, visit the ACLU or GLAD.

VFM amicus brief for Hollingsworth and repealing Prop 8

In Hollingsworth v. Perry, Vermont Freedom to Marry joined civil and human rights groups and legal service organizations to argue that discrimination based on sexual orientation warrants heightened scrutiny, meaning that the rationale for discriminating against gay people faces an extremely high standard -- one which Proposition 8 fails to meet.

To learn about the parties filing briefs in support of the Prop 8 plaintiffs, visit AFER.

President Obama files briefs for equality

The Obama administration also weighed in on both the DOMA and Prop 8 cases.

In United States v. Windsor the administration argues:

Section 3 of DOMA violates the fundamental constitutional guarantee of equal protection. The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.

Read the whole brief here.

Likewise, the administration, in a brief filed on February 28th, urged the Supreme Court to find Proposition 8 unconstitutional, strongly arguing the amendment should be subject to heightened scrutiny and that, by that standard, denying the plaintiffs the right to marry violates the Constitution’s equal protection clause.

Attorney General Eric Holder stated:

In our filing today in Hollingsworth v. Perry, the government seeks to vindicate the defining constitutional ideal of equal treatment under the law. Throughout history, we have seen the unjust consequences of decisions and policies rooted in discrimination. The issues before the Supreme Court in this case and the Defense of Marriage Act case are not just important to the tens of thousands Americans who are being denied equal benefits and rights under our laws, but to our Nation as a whole.

The Obama administration’s brief addressed only the specifics of the Prop 8 case.  It did not explicitly argue that the Constitution requires all states to allow same-sex couples to marry. It did, however, imply that excluding same-sex couples from marriage in the seven states besides California (Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, and Rhode Island) where civil unions or domestic partnerships provide rights similar to marriage would violate “the constitutional ideal that ‘all persons similarly situated should be treated alike.’”

Read the whole brief here.

Theodore Boutrous, an attorney for the Prop 8 plaintiffs, said that if the Supreme Court agrees that heightened scrutiny applies, it “is a clear path to marriage equality across the United States, because marriage bans in other states cannot satisfy that standard, either.”

With the encouragement of this broad coalition powerfully making the case that both DOMA and Prop 8 must go, and with a majority of Americans now supporting the repeal of DOMA and the freedom to marry, we look forward to arguments before the Supreme Court on March 26 and 27, and are hopeful that the Court will rule that lesbian and gay couples are first-class citizens entitled to equal treatment under the law.

Prop 8 Plaintiffs File Brief Calling for Marriage Equality for All Americans

 

With the Supreme Court set to hear arguments in the federal challenge to Prop 8, Hollingsworth v. Perry, on March 26, 2013, Plaintiffs in the case filed the only brief they intend to submit to the Supreme Court prior to the hearings.

The brief, submitted by Plaintiffs' legal team, headed by Ted Olson and David Boies, concludes:

“Because of their sexual orientation—a characteristic with which they were born and which they cannot change—Plaintiffs and hundreds of thousands of gay men and lesbians in California and across the country are being excluded from one of life’s most precious relationships.  They may not marry the person they love, the person with whom they wish to partner in building a family and with whom they wish to share their future and their most intimate and private dreams...

...Although opening to them participation in the unique and immensely valuable institution of marriage will not diminish the value or status of marriage for heterosexuals, withholding it causes infinite and permanent stigma, pain, and isolation.  It denies gay men and lesbians their identity and their dignity; it labels their families as second-rate.  That outcome cannot be squared with the principle of equality and the unalienable right to liberty and the pursuit of happiness that is the bedrock promise of America from the Declaration of Independence to the Fourteenth Amendment, and the dream of all Americans.  This badge of inferiority, separateness, and inequality must be extinguished. When it is, America will be closer to fulfilling the aspirations of all its citizens.”

Read the entire powerful and eloquent appeal for equality here.

Meanwhile, President Obama is weighing whether his administration will file an amicus brief in the Prop 8 case before the February 28, 2013 deadline. In an interview with an ABC News affiliate in San Francisco, the President said that his solicitor general is still looking into it:

"The solicitor general is still looking at this. I have to make sure that I'm not interjecting myself too much into this process particularly when we're not a party to the case. I can tell you, though, obviously my personal view, which is that I think that same-sex couples should have the same rights and be treated like everybody else. And that's something that I feel very strongly about [and] my administration's acting on wherever we can."

If the administration chooses to file a brief arguing that Prop 8 is unconstitutional, many equality advocates believe it will put weight behind the historic words spoken by the President during his Inaugural address when he said, "Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well."

The Supreme Court will also be hearing arguments in the DOMA case, United States v. Windsor, on March 27, 2013. The Obama administration's Department of Justice announced in 2011 that it would no longer defend the constitutionality of DOMA.

Stay tuned! 

Vermont legislators promote equal coverage for gay spouses

 

Even in a state with marriage equality, LGBT families face discrimination.  Some companies that are based out of state and employ Vermonters offer family insurance coverage, but only to heterosexual couples.

To remedy this, Vermont State Representatives Paul Poirier and Patti Komline "are drafting legislation that would require all companies that offer spousal benefits to straight employees to do the same for their gay workers."  California already has such a law.  As a result, large employers employing people in California now offer family coverage to all kinds of families.

Read the whole story in the Rutland Herald:

Law would require benefits for gay spouses

2013 is off to an exciting start

Maryland's marriage equality bill--affirmed in the November referendum--took effect just after the New Year rang in.

And, a few short days into 2013, there is more action at the state level.

A marriage bill is expected to be introduced in Rhode Island tomorrow, the opening day of their 2013 General Assembly session. If it succeeds, all of the New England states will be in the equality column.

http://bit.ly/Ujp1Bj

In Illinois, things are moving even faster. Hearings are expected to begin as early as tonight on a marriage equality bill that could get a vote within days, before their current legislative session ends on January 8. The marriage proposal has the support of President Obama and Governor Pat Quinn. Equality advocates are confident of the votes in the Senate and believe they are within "striking distance" in the House. More on the chances in Illinois from the New Yorker:

http://nyr.kr/X1nnq6

It would sure be great to keep up the momentum as we settle into the New Year.

U.S. Supreme Court Will Hear TWO Marriage Equality Cases!

The Supreme Court just announced that it will hear both the Edie Windsor case challenging the Defense of Marriage Act (DOMA) and the federal challenge to California’s Proposition 8 (Prop 8).  This will be the first time that the Supreme Court has heard a marriage equality case.

This means that, in six short months (June 2013), we will have a Supreme Court decision either overturning DOMA or upholding it.  In the Windsor case, both the Southern District of New York and Second Circuit Court of Appeals found that making Edie Windsor pay over $350,000 in federal estate taxes when her beloved wife (and partner of 44 years), Thea Spyer, died and left her estate to Edie, was unconstitutional given that the State of New York legally recognized Edie and Thea’s marriage, and that such taxes would not have been incurred had Edie and Thea been an opposite-sex married couple.

The Supreme Court will consider the following questions:

1. Does Section 3 of DOMA (limiting the definition of marriage for the purposes of federal law as between one man and one woman) violate equal protection under the Fifth Amendment?
2. Does the fact that the government agreed with the Second Circuit decision that DOMA was unconstitutional deprive the Supreme Court of jurisdiction to hear this case?  (The Department of Justice (DOJ) told the Southern District of New York that Edie should be granted a refund because Section 3 of DOMA was unconstitutional, and that it would not defend the validity of DOMA in the case).
3. Does the Bipartisan Legal Advisory Group (BLAG) have standing in this case? (BLAG is the group that, led by House Republican leadership, took over defending the validity of DOMA once the DOJ refused to do so).

The Supreme Court’s announcement today also means that California same-sex couples must continue to wait to marry (again, until June 2013) so that the Supreme Court can rule on whether Prop 8 - an amendment to the California constitution limiting the definition of marriage as between one man and one woman - is unconstitutional.  In this case, the Supreme Court will consider:

1. Whether the 14th Amendment bars California from defining marriage in a “traditional” way.
2. Whether backers of Prop 8 have standing in this case. (The backers of Prop 8 defended Prop 8 when the state of California, at the direction of then-Governor Arnold Schwarzenegger, refused to defend Prop 8 on appeal to the Ninth Circuit Court of Appeals).

Oral argument on both cases should occur in late March, with a decision being issued in late June.

As the Supreme Court takes these historic steps, we stand with Edie Windsor, Californians, and all families still suffering and at risk (including many Vermont families) because of the discrimination built into our laws.

When DOMA falls, fair-minded folks in states still lacking marriage equality (including those with discrimination entrenched through constitutional bans) will need our support more than ever as they move to protect families headed by same-sex couples.  Stay tuned for news and ways you can help.

With Your Help, Vermont Freedom to Marry's Work Continues

 

People may ask, "Why does Vermont Freedom to Marry still exist when we already have marriage equality in Vermont?" The answer is simple: Until marriage equality doesn't depend on which state you live in, and until the discriminatory Defense of Marriage Act (DOMA) is repealed, our work continues.

Vermont was the first state in the nation to legally recognize same-sex couples through the historic and hard-fought-for Civil Union law, and, because civil unions were still not equal to marriage, Vermont became the first state to successfully pass and enact marriage equality via the legislative process. Now, Vermont is uniquely positioned to shine a spotlight on how DOMA denies crucial federal benefits to married same-sex couples and on how anything other than full marriage equality falls short of recognizing every American as equal.

We ask you to join us today by clicking on our Donate button above to make a tax-deductible gift.

Nationally, this has been a milestone year for marriage equality. And, it has been a busy year for the all-volunteer VFM board. Below are just a few highlights of our work in 2012:

• In January, VFM presented the televised workshop, "Legal & Financial Planning Strategies for Same-Sex Couples and LGBTQ Individuals," hosted and recorded by Vermont Interactive Television. The workshop drew Vermonters from around the state on a cold winter's night, continues to air on public access cable channels, and is available online.
• We created a webpage Resources for Individuals and Families that offers links and information for knowing your rights and protecting your family while DOMA is being challenged.
• Throughout the year we strove to be the Vermont resource on marriage equality by keeping our supporters, our political leaders, and the Vermont public informed on marriage issues within the state and on important developments in the national marriage equality movement.  (To see where state-by-state equality stands, check out the U.S. Marriage Equality Map on our website.)
• Our media-trained board members and volunteers act as spokespersons for the local and national press, providing commentary on and analysis of developing marriage equality news stories.
• We participated in LGBTQA Leadership Day at the State House in April and at the Vermont Pride Festival in September.
• We were honored to set the stage for the wonderful local production of "8" the Play by presenting in detail the state of the marriage equality movement in the U.S.

What's next in 2013?

We plan to launch "Until All Marriages are Equal," an interactive media campaign aimed at bringing awareness to the fact that as long as DOMA exists, the marriages of same-sex couples in Vermont and elsewhere will receive no federal recognition. We want to hear the stories of Vermonters harmed by DOMA and to give Vermonters a forum for telling the nation why marriage equality matters to us.

With your ongoing support, we can expand Vermont's role as a marriage equality leader and join together to end marriage discrimination. Please consider a tax-deductible donation to the Vermont Freedom to Marry Task Force in your year-end giving. Click the Donate button above or visit our How You Can Help page.

Our work is not finished until all Americans have the freedom to marry and until all marriages are equal.

Acoustic Equality in Burlington Thurs. Dec. 6th Noon-2pm

 

Before State Radio's show at Higher Ground Thursday evening, join band members for ACOUSTIC EQUALITY at noon in Burlington. The event takes place at the First Unitarian Universalist Society at the intersection of Pearl and Church Streets. Vermont Freedom to Marry board members will also be there to talk about the continuing marriage equality movement in Vermont and the push for full federal marriage equality. We're delighted to part of this performance, information session, and rally.

ACOUSTIC EQUALITY in Burlington will feature a short presentation, discussion, call-to-action, and -- of course -- an acoustic performance by members of State Radio! The presentation and performance will be followed by an informal Marriage Equality Campaign rally from 1-2pm.

ACOUSTIC EQUALITY events are part of State Radio's Marriage Equality (ME) Campaign, the band's effort to fight for the day when the right to marry in America is free of discrimination. This fall, State Radio is touring in support of the ME Campaign to fight for marriage equality across the country.

For more details, check out the ACOUSTIC EQUALITY Facebook event page.

 

 

Join Us for "8" the Play THIS SATURDAY!

 

See a great play, come together with the LGBT and ally community, AND benefit Vermont Freedom to Marry and the national marriage equality movement.

"8" the Play, written by Academy-award-winning screenwriter Dustin Lance Black, is coming to the Chandler Center for the Arts in Randolph, Vermont for a one-night-only staged reading THIS SATURDAY DECEMBER 1st.

Join Vermont Freedom to Marry at 7:00pm in the Chandler Gallery as we set the context for the play by discussing the encouraging marriage equality progress in 2012, where the equality movement is headed next, and why marriage matters.

The play, directed by Richard Waterhouse, begins at 7:30 and features local actors Paul Arthaud (Charlotte), Dan Butler (Newbury), Alan Gelfant (Norwich), Andra Kisler (Northfield), Jason Lorber (Burlington), Justin Quackenbush (Essex), and Suzanne Schon (Hanover). The reading is sponsored by the Gay & Lesbian Fund of Vermont, the Samara Fund of the Vermont Community Foundation, the Anne Slade Frey Charitable Trust, the American Civil Liberties Union of Vermont, and the Vermont Law School.

After the performance, participate in a community talkback session with cast members, American Civil Liberties Union of Vermont’s Executive Director Allen Gilbert, and members of the VFM board of directors. And, if you'd like to linger and mingle, join VFM and "8" cast members for a reception in the Gallery. 

TICKETS: $20 adults, $10 students, with group rates available. To get yours now, visit the Chandler website or call the Chandler Box Office at 802-728-6464 between 3 and 6 PM weekdays.

"8" humanizes and demystifies the debate around marriage equality by chronicling the landmark trial of Perry v. Schwarzenegger. Using the actual court transcripts, first-hand observations of the courtroom drama, and interviews with the plaintiffs and their families, "8" shows both sides of the debate in a moving 90-minute play.

"8" had its world premiere in New York City in 2011 and raised over $1 million to support the commitment of the American Foundation for Equal Rights (AFER) to achieve full federal marriage equality. The West Coast premiere in 2012 raised more than $2 million, and the play is now being performed nationwide to inspire marriage equality awareness, dialogue, and action.

The timing of the December 1st performance (the only reading of "8" scheduled for Central Vermont and New Hampshire) is particularly exciting because the U.S. Supreme Court has announced that on November 30th, the day before this event, the Justices will meet to discuss whether to grant review of AFER’s federal constitutional challenge to Prop 8. If the Supreme Court grants review of the case, a final decision is expected by June 2013. If they deny review, the federal appeals court ruling that found Prop 8 unconstitutional will stand and marriage equality will be restored in California.

Watching "8" bring the civil rights issues of the case dramatically to life at this crucial juncture in the fight for marriage equality should make for riveting theater.

Vermont Freedom to Marry is thrilled to be part of this very special performance and community event. We hope to see you there!