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| VERMONT COURT
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| ============================================================ This is mixed news. The good news is that this ruling does not legalize gay marriage in Vermont. The bad news is that it encourages the Governor and legislature to do so. ============================================================ By Christopher Graff Associated Press Writer December 20, 1999 MONTPELIER, Vt. (AP) -- Gay couples must be granted the same benefits and protections given married couples of the opposite sex, the Vermont Supreme Court ruled today. The court said the Legislature will determine whether such benefits will come through formal marriage or a system of domestic partnerships. ``We hold that the state is constitutionally required to extend to same-sex couples the common benefits and protections that flow from marriage under Vermont law,'' the justices said. ``Whether this ultimately takes the form of inclusion within the marriage laws themselves or a parallel `domestic partnership' system or some equivalent statutory alternative, rests with the Legislature. ``Whatever system is chosen, however, must conform with the constitutional imperative to afford all Vermonters the common benefit, protection, and security of the law,'' the court said. Today's ruling stems from a suit filed in July 1997 by three couples -- one of gay men and two of lesbians -- after they were denied marriage licenses by their local town clerks. The clerks acted on the advice of the state attorney general, who relied on a 1975 opinion by a predecessor calling same sex marriages unconstitutional. The three couples first filed suit in Chittenden County Superior Court but a judge rejected their claims. The couples then appealed to the Supreme Court, which heard arguments in the case 13 months ago. The couples argued that their inability to get married denied them more than 300 benefits at the state level and more than 1,000 at the federal level. The Supreme Court acknowledged that, saying the benefits included ``access to a spouse's medical, life, and disability insurance, hospital visitation and other medical decisionmaking privileges, spousal support, intestate succession, homestead protections, and many other statutory protections.'' Today's decision, written by Chief Justice Jeffrey Amestoy, acknowledges the controversy swirling around the issue of same-sex marriages. It is ``a question that the court well knows arouses deeply felt religious, moral, and political beliefs,'' the justices said in their decision. The issue divided the court. While all five justices agreed that gay couples should receive the same benefits as granted couples of the opposite sex, three of the justices joined a concurring opinion written by Justice John Dooley that challenged the reasoning behind Amestoy's decision. And Justice Denise Johnson wrote a separate opinion saying the court had not gone far enough. She said the court recognizes that gays are entitled to certain rights and ``yet declines to give them any relief other than an exhortation to the Legislature to deal with the problem.'' Johnson said she would require town clerks to issue marriage licenses to same-sex couples. Earlier this month, Hawaii's Supreme Court slammed the door on gay marriages in that state, once considered most likely to legalize same-sex unions. Hawaii's high court said the issue was resolved by a 1998 amendment to the state constitution against gay marriages. Vermont was the only other state whose top court was considering the issue, and today's ruling had been anxiously awaited by both sides in the highly charged debate over same sex marriages. Today's ruling cannot be appealed to the U.S. Supreme Court since the Vermont court based its decision on the state Constitution. The Vermont Supreme Court is the state's only appeals court. The decision places the issue before the Legislature, which will convene next month for its 2000 session. Gov. Howard Dean has declined to state a position on same sex marriages, saying that he was awaiting the decision of the court. But the lieutenant governor, Douglas Racine, and the speaker of the Vermont House, Michael Obuchowski, have said they favor same sex marriages. Advocates of same sex marriage had high hopes for the Vermont case because the state is considered a leader in laws protecting gay rights. Vermont has passed laws prohibiting discrimination against gays in employment, housing, and public accommodations and a law that punishes hate crimes against homosexuals. ============================================================ Please phone, fax, or write letters to the New Jersey Senate President, urging that S-1281, the Marriage Protection Act be posted for a vote, given the Vermont decision. Hon. Donald T. DiFrancesco 1816 Front Street Scotch Plains, NJ 07076 908-322-5500 908-322-9347 (fax) SenDiFrancesco@njleg.state.nj.us ----------------------------------------------------------------------------------------- If you phone, write letters, fax in the year 2000, please address letters (see suggestions at end of this e-mail) to the following New Jersey State Senators on the Judiciary Committee, supporting Senate Bill S-1281 (Defense of Marriage Bill), citing some of the rationale mentioned above: Sen. William L Gormley, Chairman Hamilton Mall, Suite 108 Black Horse Pike Mays Landing, NJ 08330 609-646-3500 fax 609-646-6735 Sen. James S. Cafiero, Vice Chairman P.O. Box 789 Wildwood, NJ 08260 609-522-0462 fax: 609-522-0428 SenCafiero@njleg.state.nj.us Sen. John A. Girgenti 507 Lafayette Avenue Hawthorne, NJ 07506 973-427-1229 fax: 973-423-5895 Sen. John O. Bennett 615 Hope Road Eatontown, NJ 07724 732-389-0139 fax: 732-389-0553 SenBennett@njleg.state.nj.us Sen. Louis F. Kosco 441 Market Street Saddle Brook, NJ 07663 201-712-1221 fax: 201-712-0714 Sen. Robert J. Martin 101 Gibraltar Drive, Suite 2-D Morris Plains, NJ 07950 973-984-0922 fax: 973-984-8094 SenMartin@njleg.state.nj.us Sen. John J. Matheussen P.O. Box 8019 Turnersville, NJ 08012 609-228-8552 fax: 609-228-1925 Sen. Norman M. Robertson 2 Market Street Paterson, NJ 07501 973-684-2883 fax: 973-295-8294 Please phone, write letters, fax the following New Jersey Assemblymen on the Senior Issues & Community Services Committee, supporting Assembly Bill A-706 (Defense of Marriage Bill), citing the urgency due to the Vermont decision: Asm. Melvin Cottrell, Chairman 2110 West County Line Road Jackson, NJ 08527 732-901-0702 fax: 732-901-0587 Asm. Guy F. Talarico, Vice-Chairman 40 East Midland Avenue Paramus, NJ 07652 201-265-6680 fax: 201-265-4523 AsmTalarico@njleg.stat.nj.us Asm. Arline Friscia 245 Main Street Woodbridge, NJ 07095 732-634-2526 fax: 732-634-7626 Asm. Nia H. Gill 425 Bloomfield Avenue, 2nd Floor Montclair, NJ 07042 973-509-0388 fax: 973-509-9241 Asm. Jeffrey W. Moran 620 West Lacey Road Forked River, NJ 08731 609-693-6700 fax: 609-693-2469 AsmMoran@njleg.state.nj.us Asm. Tom Smith 601 Grand Avenue, Suite 500 Asbury Park, NJ 07712 732-776-8628 fax 732-776-9549 AsmTSmith@njleg.state.nj.us Asm. Charlotte Vandervalk 220 Kinderkamack Road Westwood, NJ 07675 201-666-0881 fax: 201-666-5255 AsmVandervalk@njleg.state.nj.us = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Thanks for you help in this important matter. Romney Biddulph Coalition for Traditional Marriage RBiddulph@att.net 973-543-6881 fax: 973-543-1092 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ADDRESSING YOUR LEGISLATOR: The envelope should be addressed to "The Honorable (full name of legislator)," i.e. The Honorable John J. Smith. The letter itself should begin "Dear Senator Smith, Dear Assemblywoman Smith. WHERE: Send letter to the legislator's office. WHAT TO SAY: Paragraph 1. State what the issue is, including the bill number, and what your position is on it, i.e."I'm writing to you in regards to Assembly bill A-706 (or Senate bill S-1281, the Marriage Protection Act), which I strongly support. Paragraph 2. Explain why you take this position. Personal examples of how its passage (or failure to pass) will effect you personally and others with whom you are associated or about whom you are concerned. Be brief. Make this paragraph short--two or three sentences. Paragraph 3: Ask the legislator for a response, i.e. "I would like to know how you intend to vote on this issue." LENGTH: A single page is best. The shorter the communication, the more likely it will be read. LETTERHEAD AND USE OF A TITLE: Unless you represent all of the members of a business, church or civic group, it is improper to use an official letterhead of the organization. However, if you hold a community position--president or member of the Chamber of Commerce, for instance, or any other position that would indicate that you have community influence, you surely should mention this in your letter. Mention of affiliation with a religious group is not nearly as effective as having a title or being a member of a community organization. INCLUDE CONTACT INFORMATION: Be sure to include your name, mailing address, and phone number in your correspondence so the legislator can reply to you. If you are a resident of the legislator's district, be sure to mention that. |
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