The Gay & Lesbian Advocates & Defenders (GLAD) states that, on April 7, 2009, Vermont became the first state to obtain marriage rights for same-sex couples through a legislative process rather than a court case.
The bill, (S.115) An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage (“Marriage Act”), was passed by the legislature on April 3, 2009; vetoed by the Governor on April 6, 2009; and the veto was overridden by the Senate and the House on April 7, 2009. The Marriage Act took effect on September 1, 2009.
This was the result of nearly 15 years of relentless work by Vermont Freedom to Marry under the leadership of Beth Robinson. GLAD was pleased to have been able to provide some assistance and support to the effort. Six years later, in Obergefell v. Hodges, the U.S. Supreme Court made marriage equality a reality nationwide when it held that the U.S. Constitution guarantees same-sex couples the right to marry.
GLAD’s own Mary Bonauto represented the plaintiffs during oral arguments. Post-Obergefell, all 50 states are mandated to issue marriage licenses to same-sex couples, and all states must respect the marriages of same-sex couples conducted in other jurisdictions.
How Does One Get Married in Vermont?
The process for getting married in Vermont requires the following basic steps described below:
- An eligible couple can apply for a license in either the town or city in Vermont where one of the parties lives (out-of-state couples can go to any town or city clerk);
- The couple is required to pay the applicable fee and receive a marriage license from the clerk;
- The couple must have the marriage solemnized (through a ceremony) within 60 days of applying;
- Once the ceremony has been conducted, the person who performed it has 10 days to send the license back to the city or town where it was issued; and
- The clerk will then file the original, and the couple can receive an official marriage certificate.
The detailed process for getting married in Vermont, whether you should enter a marriage, and what it all implies are questions addressed in GLAD’s publication, How To Get Married In Vermont.
Can Vermont Same-Sex Couples Get Married Anywhere Else?
With the ruling of Obergefell v. Hodges, all states are mandated to issue marriage licenses to same-sex couples. Furthermore, Vermont will respect the legal marriages of same-sex couples regardless of where the wedding was conducted, similarly as all states will now respect the union of a same-sex couple. Due to the recent demise of the Defense of Marriage Act (DOMA) in Windsor v. United States, the federal government will recognize and respect the legal marriages of same-sex couples.
Moreover, DOMA, a federal statute that defined marriage exclusively as the union between one man and one woman, once prevented same-sex spouses from accessing the 1000-plus federal laws regarding marriage, including taxes, Social Security (including SSDI and SSI), immigration, bankruptcy, FMLA, federal student financial aid, Medicaid, Medicare, veteran’s benefits, and TANF.
However, In 2013 the U.S. Supreme Court struck down DOMA as unconstitutional. GLAD filed the first challenge to DOMA in 2009, Gill v. OPM, and the legal framework created in that case was utilized in many subsequent cases, Windsor included. Additionally, GLAD was responsible for coordinating the Windsor amici briefs.
Unfortunately, one issue that has yet to be definitively resolved by Windsor and Obergefell concerns spousal benefits and self-insured health plans. While New Hampshire law bars discrimination based on sexual orientation, self-insured health plans are governed by federal law. The federal anti-discrimination statute only prohibits discrimination based on race, color, religion, sex, or national origin, and sexual orientation is not explicitly included. As a result, some self-insured employers claim they can legally deny benefits to same-sex spouses.
Luckily, this issue is far from being settled. Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) held the position that the federal law’s prohibition against “sex discrimination” consists of discrimination based on sexual orientation. If your employer is discriminating against you in spousal healthcare benefits based on sexual orientation, contact GLAD for more information.
What Happens If You Need to Terminate the Marriage?
GLAD provides information on how to terminate a same-sex marriage. After Obergefell v. Hodges, same-sex spouses everywhere should be able to dissolve their marriages on the same terms as different-sex spouses. Vermont applies its divorce statutes to same-sex couples. However, spouses should note that when Vermont courts divide marital property and award alimony or maintenance, one of the factors a judge considers is the length of the marriage.
Nonetheless, the court does include, as marital property, all property owned by “either or both of the parties, however, or whenever acquired ….” Therefore, for spouses whose partnership pre-dates marriage equality, the length of the marriage may not accurately demonstrate the true length of the relationship, resulting in an unbalanced division of assets.
Contact a lawyer if you have specific questions regarding termination of a marriage in Vermont.
What is the Historical Background on Same-sex marriage in Vermont?
To understand a little background of what occurred in same-sex marriage laws, you need to examine the history of legislation that came from working to promote same-sex marriage. Reuters discusses some background on the Vermont laws. Vermont’s bill, which became law on September 1, after a 95-52 vote on Thursday in the Democratic-controlled House, was five votes short of the support needed to clear a veto from Republican Governor Jim Douglas.
Government Douglas vetoed the bill on Monday, urging lawmakers to focus on the economy instead. Supporters needed two-thirds of the votes in each chamber to override his veto. They quickly received support in the state Senate, which passed the bill 23-5 earlier on Tuesday.
The vote came four days after Iowa’s Supreme Court struck down a decade-old law that barred gays from marrying. The surprise ruling, which made Iowa the first in the heartland to permit same-sex marriages, may have influenced some Vermont lawmakers to modify their vote, gay marriage advocates notified.
California briefly recognized gay marriage until voters banned it in a referendum last year. The group GLAD, as mentioned above, which manufactured to legalize gay marriage in Massachusetts and Connecticut, set a goal of expanding such marriages to all New England states by 2012. Maine and New Hampshire already offer same-sex couples some form of legal recognition. Lastly, forty-three U.S. states have laws explicitly prohibiting gay marriage, including 29 with constitutional amendments restricting marriage to one man and one woman.
When Do I Need To Contact a Lawyer?
If you want to get married and are a homosexual couple living in Vermont, options are available. Reaching out to a local Vermont family attorney if you encounter any issues with getting married is recommended. Same-sex marriage is now permitted in Vermont, as mentioned above. Keep in mind that your wedding will be recognized nationwide if you get married in Vermont. Therefore, if you encounter any issues regarding this, immediately contact the lawyer to assist you in your case.
It can be challenging for same-sex couples to have the same rights as heterosexual couples. But now, laws are in place to prevent discrimination and protect the rights of homosexual couples nationwide.
