Vermont Same Sex Civil Union Lawyers

Same-sex marriage is a legally recognized marriage of two people who identify as the same sex, such as a woman marrying a woman or a man marrying a man. In the beginning, same-sex marriages were only permitted in Massachusetts and Oregon.

Currently, same-sex marriage is legal in all fifty states in the United States and the District of Columbia. In addition, if a same-sex married couple moves from one state to another, their marriage will be recognized by both states.

Obergefell v. Hodges is a United States Supreme Court case decided on June 26, 2015.

In Obergefell v. Hodges, the Court held that denying the fundamental institution of marriage to same-sex couples violates the Fourteenth Amendment to the United States Constitution. Under the Fourteenth Amendment, states must provide equal protection of the laws for all of their citizens. The Fourteenth Amendment also guarantees that no individual should be deprived of life, liberty, or property without due process of law.

The Obergefell ruling had significant effects on many areas of law, including and especially family law. Before this decision, some states had offered same-sex marriage while other states provided alternatives to marriage, such as civil unions and domestic partnerships.

However, the rights of these alternatives were not uniform across all the states. In addition, some states did not recognize partnerships and marriages formed in other states.

Since same-sex marriage is now broadly legal, many of these rights are granted in all states. Some legal rights which are now granted to same-sex married couples include:

• Property rights;
• Employee benefits;
• Tax benefits;
• Family leave, medical leave, and hospital visitations; and
• Divorce.

Same-sex couples now have the same or comparable legal rights as heterosexual married couples concerning their property. Property rights generally include protections for the spouses in the event of a divorce, legal separation, or death. Further, married same-sex couples cannot hold property together and may enjoy other property benefits, such as marital estate planning resources.

Same-sex spouses can also benefit from a variety of retirement savings plans and arrangements, such as 401(k)s.

Same-sex couples can benefit from both federal and Vermont tax rules that apply to married couples. For example, spouses can now file their income tax returns jointly instead of separately, as previously required. A surviving spouse can also avoid both federal and state taxes in the event of the deal of one of the spouses.

Same-sex married couples now fall under the Family Medical Leave Act (FMLA) regarding employment leave caring for a sick spouse. Paternity and maternity leave provisions and benefits also apply to same-sex married couples.

One problem with inconsistent same-sex marriage laws was that some same-sex married couples could often not seek a divorce in their state of residence. Presently, divorce laws in each state apply equally to both opposite-sex couples and same-sex couples.

What Is a Civil Union?

A civil union is a legal status given to same-sex couples that generally offers some, if not all, of the same state benefits as traditional marriage. Vermont was the first state to offer civil unions, but several states have since followed suit.

What Is Required for a Civil Union?

To be eligible for a civil union in Vermont, each member of the couple must:

• Not be a party to another civil union or marriage
• Be of the same sex
• Comply with the civil union license requirements of Vermont

In 2009, Vermont offered marriage as a legal option for same-sex couples. Note that if a couple is joined in a civil union, they will not automatically be deemed married and must take the proper legal steps to gain that status.

What Does a Civil Union Offer?

In general, a civil union offers a same-sex couple the equivalent benefits, protections, and duties under state law that are granted to spouses in a marriage, including:

• Support for one another to the same degree and manner as spouses in marriage
• Joint tenancy and other real property rights
• Spousal abuse protections
• State tax status
• Inheritance rights to property

What Other Rights Apply to Same-Sex Marriage?

In addition to the rights discussed above, same-sex married couples also have rights such as:

• Power of attorney and medical power of attorney: These privileges include making emergency medical judgments on a spouse’s behalf should they become incapacitated. This also includes the privilege to enter into contracts, negotiate, and settle matters as if the person were their spouse;
• Spousal testimonial privilege: Should a spouse be called to testify against their spouse in court, they may be able to invoke the marital privilege to avoid testifying without being held in contempt of court

Other privileges include worker’s compensation rights and inheritance rights.

It is essential to mention that this is not a comprehensive list, and other legal benefits may exist.

How Does Same-Sex Marriage Affect Adoption and Child Custody Matters?

Although there has been some progress for same-sex married couples regarding adoption and child custody matters, there is still a certain lack of legal protection for same-sex married parents raising or adopting children.

For example, there is no presumption of parentage for a same-sex married couple in several states. This is because the parentage presumption is based on the implicit assumption that both a woman and a man are the biological parents of any children conceived during their marriage.

How Does Same-Sex Marriage Affect Discrimination Laws?

Although same-sex marriage has been legalized, same-sex couples may still face civil rights, including employment or housing discrimination. For example, it is still legal to fire an individual based on their sexual orientation in numerous states.

Some states have specifically allowed faith-based organizations to discriminate regarding their services.

What If There are Any Disputes Over Same-Sex Couples’ Rights?

A dispute regarding the rights of same-sex couples can be complicated and require legal assistance. This is because many states’ laws are still subject to adjustments and changes.
A new court ruling may affect the people involved in current litigation and other couples to follow, especially if it sets a new precedent or guideline. Thus, legal conflicts and disputes should be handled with the assistance of an attorney who can guide the state’s most current rules and policies.

What Happens If a Civil Union Ends?

The Vermont family court will treat the dissolution of a civil union no differently than the dissolution of a marriage. The court will follow the same procedures involved in this type of engagement, including residency requirements.

Do I Need an Attorney for a Civil Union?

A consultation with a Vermont family lawyer specializing in family law may help you understand whether civil unions or marriage is more appropriate. A lawyer can also explain your rights and help you understand what legal strategy is right for you and your partner. It is also important to be aware that same-sex marriage laws can be challenged.

Your attorney can also assist you with planning for your future and ensuring your wishes are carried out, such as passing on your property when you pass away. If you have any questions or issues surrounding a same-sex marriage or civil union in Vermont, the soundest thing you can do is find a family lawyer near you on LegalMatch.