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| What is a Civil Union? |
| Civil Union is a new legal status available
to same-sex couples. In order to form a Civil Union, a
couple would get a license from a town clerk, have the
license certified by a justice of the peace, clergy member,
or other qualified person who oversees the union ceremony,
and then file the license back with the town clerk. There
is no residency requirement. A couple wishing to terminate
a civil union must file a dissolution proceeding in family
court that follows the same procedures, and applies the
same laws, as a married couple going through a divorce.
To view the official Vermont Guide to Civil Unions
click here |
| What responsibilities and benefits
flow from being in a Civil Union? |
| Parties to a civil union will be subject to the same
legal responsibilities, and the same legal protections,
as married couples. These include: |
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automatic inheritance
rights without having to get a will, and broad protections
for the surviving partner under the probate laws |
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right to dispose of
partnerŐs bodily remains upon death |
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preference for becoming
partnerŐs guardian if partner is incapacitated |
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preference for making
health care decisions without having to execute
a Power of Attorney |
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right to visit in
the hospital |
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wrongful death cause
of action if partner is killed in an accident |
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loss of consortium
claim if partner is injured due to anotherŐs negligence |
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exemption from Property
Transfer Tax when one person puts his or her
partnerŐs name on the deed |
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right to hold property
as Tenants by the Entirety, protecting property
from some creditors |
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communication privileges,
so partners cannot be forced to testify against
the other |
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leave from work to care
for an ill partner under family medical leave
laws |
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leave from work when
oneŐs partner gives birth to or adopts a child under
parental leave law |
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rights as a stepparent
for a child of the other partner |
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protection from discrimination
in insurance and credit (to get, for example,
joint car insurance) |
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greater access to health
insurance coverage to partners in a civil union |
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potential responsibility
to provide support (alimony) to the other
partner upon dissolution |
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| Is this just marriage by another
name? |
| No. This law represents a difficult compromise for
advocates of full and genuine equality for same-sex couples.
A couple in a civil union will face tremendous legal obstacles
if they ever move from Vermont. Although parties to a
civil union will have greater access to family health
insurance than gay and lesbian couples presently have,
they will still have less access to such coverage than
they would if they could legally marry. Plus, although
the law assigns a state-recognized legal status to same-sex
couples, the fact that the status is separate from civil
marriage reinforces just how far we have to go before
we reach a place of genuine legal equality with our heterosexual
neighbors. |
| How did the legislature decide on
Civil Unions? |
| The civil union bill was presented by the
House Judiciary Committee who spent 10 weeks listening
to a lot of testimony and working very hard to craft a
fair and respectful response to the Baker decision. The
favorable vote ended after two days of passionate floor
debates on the bill and many amendments. All amendments
which would have diluted the bill were rejected. The first
binding house floor vote, on March 16th, was 76 for and
69 against. After taking four weeks of testimony, the
Senate Judiciary committee made some improvements. The
Senate passed the Senate Judiciary version with a 19 to
11 vote on April 19th. The final floor vote, on April
25, was 79 for and 68 opposed. Governor Dean signed the
bill as soon as it was on his desk on April 26. |
| When does the law take effect?
. |
| Starting July 1, 2000, Vermonter and non Vermonter
couples have become parties to civil unions.Certain aspects
of the law, involving insurance and taxes,began taking
effect on January 1, 2001. |
| Can a couple from outside of Vermont
get a civil union license? |
| Yes. Vermont's civil union law, like Vermont's marriage
law, does not contain a residency requirement. However,
if you want to dissolve your civil union in Vermont, you
must live in Vermont for a year. |
| What effect will civil unions have
outside of Vermont? |
| We believe a civil union is a legal commitment that
should be honored everywhere, just like a marriage or
other similar legal commitments. Some states have said
they will try to ignore civil unions. Non-Vermonters who
form civil unions in Vermont should therefore still take
all of the steps they would otherwise take to legally
protect their families in their home states (including
durable powers of attorney, wills, etc.) |
| What about immigration laws? |
| Gay and lesbian people have the same need for protection
of their committed relationships as anyone else, and we
certainly hope that the federal government extends to
foreign nationals in civil unions with American citizens
the same preferences in the immigration process as it
extends to foreign nationals in civil marriages with American
citizens. Because a federal law known, ironically, as
the "Defense of Marriage Act" specifically defines marriage
as a union between a man and a woman for federal law purposes,
the United States government will likely take the position
that spouses in a civil union are not entitled to any
immigration law protections. |
| How can I see the new law? |
| To read the full text of the civil union law, see:
http://www.leg.state.vt.us/docs/2000/bills/passed/h-847.htm |
| What is the work of Vermonters for
Civil Unions Legislative Defense Fund (VCULDF) |
|
VCULDF is leading the fight to defend the civil union
law in the legislature. We continue to keep our community
informed, to mobilize our grasstoots when necessary,
to speak up for our families and our civil rights, and
to maintain a lobbying presence in the statehouse. Vermont's
civil union law is far from secure and we must continue
the struggle to protect our hard-earned gains.
2005 UPDATE: With the name change
of our organization to Vermont Freedom to Marry Action
Committe, Inc., our focus shifts from Civil Unions to
full inclusion of glb citizens under Vermont's laws.
|
| How can I help? |
| First and foremost, you can work hard in your own community
to advance the dialogue about the freedom to marry for
same-sex couples. We also welcome your continuing support
for our efforts in Vermont, and would be
grateful for your contribution. Vermonters for Civil
Union Legislative Defense Fund represents a coalition
of individuals and associations in Vermont who are working
to protect and defend the civil union law from repeal
or undermining changes. If you live in Vermont write us
at info@vtmarriageaction.org |
