The Vermont Supreme Court gave gays and lesbians a great Christmas present last year, a 4 to 1 ruling on Dec. 20, 1999 leading to legal recognition of their relationships.
The Court majority rejected the argument that gays were entitled to a marriage license under existing law, though one judge thought that they were. It declared that the "common benefits clause" of the state constitution requires that gays share in the same benefits and protections under state law that heterosexuals enjoy.
The decision read in part, "Legal protection and security for their avowed commitment to an intimate and lasting human relationship is simply, when all is said and done, a recognition of our common humanity." The Court ordered the state legislature to solve the problem either by including gays under existing marriage law or by creating something of equal legal status.
The issue was a bitterly contentious one for the legislature and body politic of Vermont throughout the winter session. But in April a civil-unions bill passed with the support of nearly all Democrats and a substantial number of Republicans. The law took effect in July. Polls showed that 43 percent of Vermonters approved of the bill and 52 percent disapproved.
Meanwhile in California, the campaign roared ahead on Proposition 22. That ballot initiative organized by social conservatives defined and restricted marriage to one man and one woman. It passed overwhelmingly with 61 percent of the vote in the March 7 primary.
The social right vowed to "Take Back Vermont," making repeal of civil unions a cornerstone of their efforts. The traditional civility of small town Vermont was rent with strife. When the ballots were counted, several Republicans who had supported civil unions for gays and lesbians went down to defeat, though the conservatives had less than full control of the legislature. It looks like there will be no legislative challenge to civil unions over the next two years.
Democratic Gov. Harold Dean, a civil unions supporter, fended off a challenge by Republican Ruth Dwyer, who was vocal in her opposition to the measure. Dean managed to avoid a run off election in a three-way contest by winning 52 percent of the vote.
In Nebraska, a ballot initiative that would amend the state constitution to define marriage as only between one man and one woman passed by more than a 2 to 1 margin. The wording was so broad that it likely precludes other types of things, including domestic-partner benefits offered by private companies. The American Civil Liberties Union is challenging it in court.
Meanwhile in Vermont, gay and lesbian couples have been trickling to the altar and justices of the peace to have their relationships recognized by law. An unofficial wire service count shows that nearly 1,500 civil unions have been performed since July.
About three-quarters of the couples have come from out of state. That will create a series of legal issues as the couples return home and test local jurisdictions' recognition of the Vermont statute.