Yesterday, the Vermont State Senate passed the nation’s most
comprehensive pro-homosexual legislation to date, affording same-sex
couples legal rights equal to those of married heterosexual couples.
In December, Vermont’s supreme court ruled in Baker v.
State that state
marriage statutes unconstitutionally discriminate against same-sex
couples who seek to establish a permanent relationship.
As reported in WorldNetDaily,
that decision mandated action from the state’s legislature to ensure
rights, privileges and benefits guaranteed married couples in the
Vermont Constitution be made available to all citizens, without
discriminating on the basis of sexual orientation.
The resulting bill, sponsored by the
Vermont State House Judiciary Committee, creates an institution parallel
to marriage, called a “civil union.” Under the bill, parties to a civil
union are included in all references to familial relationship — such as
“spouse” and “next of kin” — and benefit from some 300 state benefits
of marriage, including medical decision-making, tax breaks and
inheritance. No other state has conferred more than just a handful of
such benefits.
Besides the absence of applicability of federal law, the only
discernible difference between heterosexual marriages and homosexual
civil unions will be lack of status “portability” if the bill becomes
law.
In other words, Vermont’s “civil unions” will not be recognized by
other states because they are explicitly separate from “marriage,” which
is constitutionally recognized across state lines.
Just one technical vote away from receiving a promised signature by
Gov. Howard Dean, the
bill distinguishes “marriage” as being between a man and a woman.
Likewise, California’s Proposition 22, which passed in
52 of 58 counties in March, clarifies that state’s definition of
marriage as a union specific to a man and a woman. But the measure also
prohibits homosexual marriages from being recognized within state
borders.
“[The Vermont legislation] should have no legal effect with regard to
California in that the legislation does not change the definition of
marriage in Vermont, but merely gives parallel benefits to homosexual
couples,” said Brad Dacus, president of the
Pacific Justice
Institute in California — a
non-profit legal watchdog organization.
“Even if new legislation did change the definition of marriage in
Vermont,” Dacus continued, “a homosexual ‘married’ couple in Vermont
moving to California would still have legal difficulty in challenging
the protection of marriage in California afforded by Proposition 22.”
An attorney with the Lambda Legal Defense and Education Fund, a national legal advocacy group for
homosexual rights, confirmed that civil unions in Vermont will not be
recognized in California, though it’s not necessarily California’s new
marriage definition that prevents recognition.
Because the Vermont legislation creates a new institution, rather
than makes fundamental changes to that state’s existing marriage laws,
no state can recognize the unions without authorizing legislation.
Myron Quon of Lambda Legal said the legislation is “a good start,”
though he believes “it’s a shame” that homosexual couples will not have
the full recognition and status portability heterosexual couples have.
“They’re (Vermont legislators) doing the best they can when it comes
to state law,” Quon told WND.
“It has not been an easy journey,” said Senate Judiciary Committee
Chairman Richard Sears, a Democrat. “But for a few months of my life,
I’ve learned a lot about what it’s like to be discriminated against. I
also began to understand the goodness of my fellow Vermonters,” he told
the Associated Press.
Readers can express their views on this or any other public policy
issue at WorldNetDaily’s Legislative Actions Center, which provides instant access to state and
federal representatives, media outlets and additional legislative
information.
Related story:
Homosexuals win marriage benefits in Vermont