The Marriage Equality Act is a 2009 Vermont state law which legalized the officiating of marriages between same-sex couples in the state. The law went into effect on September 1, 2009.[1] Vermont became the fourth state to legalize same-sex marriage, the first to do so by legislation rather than a court ruling.[2]
"The purpose of this act is to recognize legal equality in the civil marriage laws and to protect the religious freedom of clergy and religious societies authorized to solemnize civil marriages."
Prior to the Act, same-sex couples in Vermont were allowed since 2000 to engage in civil unions, which granted some of the rights of married couples.[3]
Marriage legislationedit
On February 9, 2007, several house members introduced a bill to legalize same-sex marriage, but no action was taken.[4] On July 25, 2007, legislative leaders announced the creation of an 11-member committee to study whether the state should do so. The Vermont Commission on Family Recognition and Protection held 8 public hearings and conducted a seminar at Vermont Law School. Opponents of same-sex marriage did not participate, saying the panel was not impartial.[5][6] At one hearing, Peter Teachout, a law professor, suggested that the notion of two "tracks", civil union and marriage, could easily be discredited by creating the two without specifying whether same-sex couples or different-sex couples would get which. "Just flip a coin at the end and decide who gets marriage and who gets civil unions. Let's see how many people vote for the two-track system then." Another testified that 8 states recognized Vermont's civil unions as the equivalent of marriage.[7] The commission reported on April 21, 2008,[8] and rather than make a recommendation it said: "It is the role of Vermont's policy-makers and elected officials to read and reflect on this report and in their best judgment determine what steps to take in their role as public servants of the people of Vermont." It detailed the differences between civil unions and marriage and noted that a same-sex couple in a civil union lacked "access to less tangible incidents of marriage, including its terminology (e.g. marriage, wedding, married, celebration, divorce), and its social, cultural and historical significance". It noted that marriage was a status understood in other jurisdictions that lacked any equivalent for civil unions. Opponents said that a popular referendum remained the proper way to resolve the issue.[5]
When Representative Mark Larson, on behalf of 59 co-sponsors, introduced a bill to legalize same-sex marriage on February 6, 2009, Governor Jim Douglas said economic and budgetary issues should be the legislature's first concern.[9] The State Senate approved its version of the legislation on March 23 by a vote of 26 to 4.[10] Kris Mineau, president for the Massachusetts Family Institute, said that advocates of same-sex marriage "have wisely targeted the New England states, because of their progressive stance on social issues. But we have not conceded defeat."[11] Douglas announced his intention to veto the bill on March 25 for the first time. He said it was unusual to promise a veto before legislation passed but "During these extraordinary times, the speculation about my decision has added to the anxiety of the moment and further diverts attention from our most pressing issues".[12] On April 3, the House passed an amended version of the bill 95–52, several votes shy of a veto-proof two-thirds majority.[10][13] On April 6, 2009, the Vermont Senate approved the amendments made by the House.[10] The governor vetoed the legislation the same day. He said he was "sending it to the Legislature urging them to do what their consciences lead them to do, most importantly to do it quickly and get on with the business of the state." He said he was not lobbying legislators: "I think this is such an emotional, divisive, personal issue, it's something that individuals have to decide how to vote on based on their personal convictions and faith and I think each legislator ought to decide personally what to do."[14]
On April 7, 2009, the Senate overrode the veto by a 23–5 vote and the House overrode it 100–49,[10] the first time since 1990 that a Vermont governor's veto was overridden.[1] Six of those voting in favor of the legislation were Republicans.[15] House Speaker Shap Smith said that votes changed in the House not because of specific pressures but because "it was to some degree just a vote to recognize the work that the Legislature had done". Representative Jeff Young, who switched his vote, said "I had to vote with my caucus" in order to win support for his other priorities. Brian Brown of the National Organization for Marriage said:[1]
To the millions of Americans who care about marriage, we say get ready: President Obama and Democrats will use Vermont as an excuse to overturn the bipartisan federal Defense of Marriage Act. The next step is to ask the Supreme Court to impose gay marriage on all 50 states.
Referencesedit
^ abcGram, Dave (April 7, 2009). "Vermont Legalizes Gay Marriage, Overrides Governor's Veto". Huffington Post. Retrieved August 12, 2013.
^"D.C. vote puts gay marriage before Congress". Boston Globe. April 9, 2009. Retrieved August 12, 2013.
^"Civil Marriage v. Civil Unions - National Organization for Women". now.org. November 3, 2009. Retrieved October 26, 2022.
^"Permitting Same-Sex Marriage and the Clergy's Right to Refuse to Solemize [sic] a Marriage". Vermont General Assembly. February 9, 2009. Retrieved August 11, 2013.
^ abGram, Dave (April 24, 2008). "Vt. commission all but endorses gay marriage". Dallas Voice. Retrieved August 11, 2013.
^Webb, Ralph. "Why Is Vermont Excluding Traditional Faiths from Commission Studying Same-Sex Marriage?, September 4, 2007". The Institute on Religion and Democracy. Archived from the original on August 12, 2013. Retrieved August 12, 2013.
^Barlow, Daniel (October 30, 2007). "State gay marriage commission hears from legal scholars". Rutland Herald. Retrieved August 11, 2013.
^"Report of the Vermont Commission on Family Recognition and Protection, April 21, 2008" (PDF). Legislative Work Groups. Vermont State Legislature. Retrieved August 11, 2013.
^Porter, Louis (February 6, 2009). . Rutland Herald. Archived from the original on February 9, 2009. Retrieved February 7, 2009.
^ abcd"S.115". Vermont General Assembly. Retrieved January 9, 2016.
^Abel, David (March 24, 2009). "Same-sex marriage bills gain in N.E." Boston Globe. Retrieved August 12, 2013.
^Goodnough, Abby (March 25, 2009). "Gay Marriage in Vermont Faces Veto by Governor". New York Times. Retrieved August 12, 2013.
^Gram, Dave (April 3, 2009). "Vt. House advances bill for gay marriage". Boston Globe. Retrieved August 12, 2013.
^. Local Vermont News. April 6, 2009. Archived from the original on January 9, 2014. Retrieved August 6, 2013.
^Abel, David (April 8, 2009). "Vermont legalizes same-sex marriage". Boston Globe. Retrieved August 12, 2013.
January 01, 1970
marriage, equality, vermont, marriage, equality, 2009, vermont, state, which, legalized, officiating, marriages, between, same, couples, state, went, into, effect, september, 2009, vermont, became, fourth, state, legalize, same, marriage, first, legislation, r. The Marriage Equality Act is a 2009 Vermont state law which legalized the officiating of marriages between same sex couples in the state The law went into effect on September 1 2009 1 Vermont became the fourth state to legalize same sex marriage the first to do so by legislation rather than a court ruling 2 An Act Relating to Civil MarriageVermont General AssemblyLong title An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage CitationAct 3 Regular Session Session Laws of Vermont 2009Territorial extentState of VermontPassed byVermont General AssemblyPassedApril 6 2009Vetoed byGovernor Jim DouglasVetoedApril 6 2009Veto overriddenApril 7 2009CommencedSeptember 1 2009Legislative historyBill titleS 115Bill citationSenate Bill No 115Introduced byPeter Shumlin John F Campbell Claire D AyerSummary The purpose of this act is to recognize legal equality in the civil marriage laws and to protect the religious freedom of clergy and religious societies authorized to solemnize civil marriages Keywordssame sex marriageStatus In forcePrior status editMain article Same sex marriage in Vermont Prior to the Act same sex couples in Vermont were allowed since 2000 to engage in civil unions which granted some of the rights of married couples 3 Marriage legislation editOn February 9 2007 several house members introduced a bill to legalize same sex marriage but no action was taken 4 On July 25 2007 legislative leaders announced the creation of an 11 member committee to study whether the state should do so The Vermont Commission on Family Recognition and Protection held 8 public hearings and conducted a seminar at Vermont Law School Opponents of same sex marriage did not participate saying the panel was not impartial 5 6 At one hearing Peter Teachout a law professor suggested that the notion of two tracks civil union and marriage could easily be discredited by creating the two without specifying whether same sex couples or different sex couples would get which Just flip a coin at the end and decide who gets marriage and who gets civil unions Let s see how many people vote for the two track system then Another testified that 8 states recognized Vermont s civil unions as the equivalent of marriage 7 The commission reported on April 21 2008 8 and rather than make a recommendation it said It is the role of Vermont s policy makers and elected officials to read and reflect on this report and in their best judgment determine what steps to take in their role as public servants of the people of Vermont It detailed the differences between civil unions and marriage and noted that a same sex couple in a civil union lacked access to less tangible incidents of marriage including its terminology e g marriage wedding married celebration divorce and its social cultural and historical significance It noted that marriage was a status understood in other jurisdictions that lacked any equivalent for civil unions Opponents said that a popular referendum remained the proper way to resolve the issue 5 When Representative Mark Larson on behalf of 59 co sponsors introduced a bill to legalize same sex marriage on February 6 2009 Governor Jim Douglas said economic and budgetary issues should be the legislature s first concern 9 The State Senate approved its version of the legislation on March 23 by a vote of 26 to 4 10 Kris Mineau president for the Massachusetts Family Institute said that advocates of same sex marriage have wisely targeted the New England states because of their progressive stance on social issues But we have not conceded defeat 11 Douglas announced his intention to veto the bill on March 25 for the first time He said it was unusual to promise a veto before legislation passed but During these extraordinary times the speculation about my decision has added to the anxiety of the moment and further diverts attention from our most pressing issues 12 On April 3 the House passed an amended version of the bill 95 52 several votes shy of a veto proof two thirds majority 10 13 On April 6 2009 the Vermont Senate approved the amendments made by the House 10 The governor vetoed the legislation the same day He said he was sending it to the Legislature urging them to do what their consciences lead them to do most importantly to do it quickly and get on with the business of the state He said he was not lobbying legislators I think this is such an emotional divisive personal issue it s something that individuals have to decide how to vote on based on their personal convictions and faith and I think each legislator ought to decide personally what to do 14 On April 7 2009 the Senate overrode the veto by a 23 5 vote and the House overrode it 100 49 10 the first time since 1990 that a Vermont governor s veto was overridden 1 Six of those voting in favor of the legislation were Republicans 15 House Speaker Shap Smith said that votes changed in the House not because of specific pressures but because it was to some degree just a vote to recognize the work that the Legislature had done Representative Jeff Young who switched his vote said I had to vote with my caucus in order to win support for his other priorities Brian Brown of the National Organization for Marriage said 1 To the millions of Americans who care about marriage we say get ready President Obama and Democrats will use Vermont as an excuse to overturn the bipartisan federal Defense of Marriage Act The next step is to ask the Supreme Court to impose gay marriage on all 50 states References edit a b c Gram Dave April 7 2009 Vermont Legalizes Gay Marriage Overrides Governor s Veto Huffington Post Retrieved August 12 2013 D C vote puts gay marriage before Congress Boston Globe April 9 2009 Retrieved August 12 2013 Civil Marriage v Civil Unions National Organization for Women now org November 3 2009 Retrieved October 26 2022 Permitting Same Sex Marriage and the Clergy s Right to Refuse to Solemize sic a Marriage Vermont General Assembly February 9 2009 Retrieved August 11 2013 a b Gram Dave April 24 2008 Vt commission all but endorses gay marriage Dallas Voice Retrieved August 11 2013 Webb Ralph Why Is Vermont Excluding Traditional Faiths from Commission Studying Same Sex Marriage September 4 2007 The Institute on Religion and Democracy Archived from the original on August 12 2013 Retrieved August 12 2013 Barlow Daniel October 30 2007 State gay marriage commission hears from legal scholars Rutland Herald Retrieved August 11 2013 Report of the Vermont Commission on Family Recognition and Protection April 21 2008 PDF Legislative Work Groups Vermont State Legislature Retrieved August 11 2013 Porter Louis February 6 2009 Vt House to introduce same sex marriage bill Rutland Herald Archived from the original on February 9 2009 Retrieved February 7 2009 a b c d S 115 Vermont General Assembly Retrieved January 9 2016 Abel David March 24 2009 Same sex marriage bills gain in N E Boston Globe Retrieved August 12 2013 Goodnough Abby March 25 2009 Gay Marriage in Vermont Faces Veto by Governor New York Times Retrieved August 12 2013 Gram Dave April 3 2009 Vt House advances bill for gay marriage Boston Globe Retrieved August 12 2013 Governor Vetoes Same Sex Marriage Bill Local Vermont News April 6 2009 Archived from the original on January 9 2014 Retrieved August 6 2013 Abel David April 8 2009 Vermont legalizes same sex marriage Boston Globe Retrieved August 12 2013 Retrieved from https en wikipedia org w index php title Marriage Equality Act Vermont amp oldid 1208996390, wikipedia, wiki, book, books, library,
