Montpelier, VT—The Vermont Senate took the state's first big step toward equal-marriage rights March 23, when it voted 26-4 to pass a bill that seeks to allow gay couples to obtain marriage licenses. In a pro forma second vote, the Senate gave final approval Tuesday, through voice vote, sending the measure to the House.
Openly gay State Rep. Bill Lippert said he is "confident" the bill will pass the House next week.
"The question is how many votes," said Lippert. "I think the strength of the bipartisan vote in the Senate increases our momentum going into the House."
The margin of victory in the House will be important, noted Lippert and gay attorney-activist Beth Robinson, because the state's Republican Governor, Jim Douglas, has indicated he is opposed to gay marriage. He has not stated that he will veto the measure, however, and that's the wild card in next week's proceedings.
Both chambers of the Vermont legislature are led by a Democratic majority. The 26-4 vote in the Senate can easily overcome a veto, and supporters are hopeful about achieving a veto-proof majority in the House, too.
Monday's debate in the Senate lasted just over an hour and was marked by considerable decorum. But there were passionate moments and —behind the scenes—considerable drama.
Bartley Mullin, son of Republican Sen. Kevin Mullin, had a letter to the editor published in Monday's Rutland Herald, thanking his father for "supporting my own rights." Many in the chamber—including some with the Vermont Freedom to Marry group—had not seen the letter. But for those who had, there were two surprises. First, Senator Mullin offered an amendment to postpone the Senate vote on the equal marriage bill and let voters weigh-in first through a non-binding referendum. Mullin said he was not trying to undermine the bill but felt it would be "better" to "truly try to reach a consensus" on the issue.
Then, after the Senate voted down that amendment 11 to 19, Mullin was also one of the first—and the only Republican— to speak in support of the bill. He said he had to wrestle with two issues in making his decision—whether homosexuality is "learned" or something people are "born with" and what the state constitution requires. He said he concluded that "our creator creates us all and we should show love all creations" and that the constitution requires equality. And civil unions, said Mullin, "are not equal to marriage."
The state legislature passed the nation's first civil unions law in 2000, in response to a court ruling, allowing same-sex couples to have the benefits of marriage but neither the license nor the title of "marriage."
There was some drama, too, when the 30-member Senate's one black senator, Randy Brock, stood to be counted as one of only four senators who voted against the bill, saying that he, "like President Obama," believes marriage is between one man and one woman." He and others also claimed the bill was being propelled through the legislature at "unprecedented speed," denying citizens a "full opportunity to express their opinion.
The latter argument was quickly and soundly stamped down by senators who reminded the body that Vermont had been discussing same-sex marriage for nine years. Peter Shumlin, president of the Senate, said the leadership had been on the verge of passing a same-sex marriage bill back in 2000 but balked at the time, thinking "Vermont was not ready."
"It's been nine years. That's how long some have waited," said Shumlin. He also noted the legislature had held numerous hearings about this year's bill around the state.
Attorneys Beth Robinson and Susan Murray, who led the historic court case which initially forced the Vermont legislature to address the inequities of the state's marriage law in 2000, were, naturally, very pleased with the Senate's vote.
"I'm overwhelmed," said Murray, following the vote, as many Vermont Freedom to Marry supporters smiled and quietly hugged each other just outside the Senate room following the vote. Observers had been scattered around the stately but small Senate rotunda during the debate, squeezed into two small public galleries, standing in its one balcony, and sitting on window ledges. The scene stood in marked contrast to Massachusetts, where vociferous supporters and opponents jostled for position and erupted loudly following key marriage votes.
Murray said she thinks the 26 to 4 margin of victory "sends a very powerful message."
Activists hope that message will be heard by the House. The House Judiciary Committee took up the measure on Tuesday and the full House is expected to vote next Thursday or Friday, April 2 or 3. A key concern is whether the House can provide that same veto-proofing margin for the measure.
Robinson, who is also chairman of the Vermont Freedom to Marry group ( vtfreetomarry.org ) , said she's cautiously optimistic that the legislature is poised to make Vermont the fourth state in the nation to approve equal marriage rights for gays. Massachusetts was the first, California the second ( though voters last November amended the constitution to ban same-sex marriages ) , and Connecticut was the third. It is only the second time a state legislature has approved equal rights in marriage for gay couples. California has done so twice and its Republican governor, Arnold Schwarzenegger, has twice vetoed the measure.
A spokesperson for Vermont's Republican Gov. Jim Douglas did not return this reporter's calls. Although he has said he opposes same-sex marriages, he said he believes civil unions provide the equal rights necessary under the law. And he has not stated he would veto a same-sex marriage bill. [ Ed. note: Douglas has said that he will veto the measure, according to the New York Times. ] Three of the senate's seven Republicans voted for the measure this week.
Robinson said she found the bipartisan nature of the vote "very gratifying" and called the victory "the culmination of ten years of conversation." If the measure does pass the House and the governor allows it to become law, it will go into effect September 1.
"My biggest fear," she said, "is of complacency or celebrating too early."
©Keen News Service 2009
