AFSC Hails Vermont
Same-Gender Couples' Rights Ruling
AFSC News Release
December 21, 1999
Decision called important step forward for legal equality for gay and lesbian couples, yet ruling falls short of equal justice under law
PHILADELPHIA, PA — The American Friends Service Committee (AFSC) today hailed the landmark December 20 decision of the Vermont Supreme Court in the case of Baker v State of Vermont as an historic step forward in the struggle for legal equality for lesbian and gay couples and their families. At the same time, the AFSC noted that the decision falls short of meeting the bedrock standard of "equal justice under law."
In November, 1998, the Vermont Supreme Court heard argument in this challenge by three same gender couples to the state's denial of their freedom to marry. Those couples appealed the trial court's 1997 ruling, which held that, though flawed, one of Vermont's stated reasons for discrimination against same gender couples was valid. Plaintiffs argued that refusing them marriage licenses violated the Vermont Constitution, which prohibits injuring or favoring "any single person, family, or set of persons."
"The court has ruled that same-gender couples must be afforded the same benefits and protections as heterosexual married couples, under the Common Benefits clause of the Vermont Constitution," said Kara Newell, AFSC Executive Director. "We are gratified by this ruling, but regret that the court has now thrown the matter of deciding how lesbian and gay couples will access these benefits and protections to the state legislature. This defers justice for same-gender couples for an indeterminate period of time. Justice deferred is justice denied. The AFSC remains committed to full human and civil rights for all including those of lesbian, gay, bisexual, and transgender people. This commitment grows from our religious beliefs."
Joseph Gainza, coordinator for the AFSC in Vermont, agrees. "We believe that in matters of civil law, there should be one standard for everyone," he said.
"The Court seems to agree, in principle, but has stumbled over the word, 'marriage,' because there has been a great religious controversy over this matter. By refusing to make civil law consistent in this area, the Court essentially has said that while equality of rights must exist for both heterosexual and same-gender couples, this equality doesn't extend to civil marriage licenses. That's a confusing standard to uphold: a little bit of equality, a little bit of inequality. Controversy should never be a reason for limiting or denying basic human and civil rights to any group of people," Gainza said.
He noted that equality in civil law would not affect the right of religious faiths, denominations, and congregations to decide for themselves whether to perform or recognize religious marriage ceremonies for same-gender couples. "Those religious freedoms," he said, "would remain intact in any case."
The AFSC said it will encourage the Vermont legislature to move swiftly to full equality for same-gender couples and their families, including equal civil benefits, rights, and protections in such areas as hospital visitation, family leave, Social Security spousal benefits, partner and family health insurance coverage, and inheritance.
"We know there will be some backlash against this," Gainza said. "But we want to remind people that Vermont was the first state to prohibit slavery in its Constitution in 1791. There was a backlash against that, as well. The struggle for equality always meets with fear and resistance. But there is joy in that struggle when we work together, not just for political victories, but more deeply, to build a just and beloved community in which there is room for all."
The American Friends Service Committee is a Quaker organization that includes people of various faiths who are committed to social justice, peace, and humanitarian service. Its work is based on the Quaker belief in the worth of every person and faith in the power of love to overcome violence and injustice.
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