A plaque in Montpellier commemorating the passage of the Civil Union law, 2017

In 2018, the idea of two people, no matter gender or sexual orientation, getting legally wed is becoming a more mainstream image. Mainstream culture surrounding marriage has shifted dramatically. In the late 1990s, the idea of a same-sex couple getting legally married was a contentious political issue. In 1999, Vermont became the place of media chaos as legislators debated same-sex couples and the institution marriage. Same-sex marriage conflicted with traditional, conservative values and made people fear social disorder.

A same-sex couple having a civil union ceremony in Vermont, 2001

Baker v. Vermont is the Vermont Supreme Court case which brought forward the argument that same-sex couples deserved the same legal equality as heterosexual married couples. These legal benefits include health insurance, tax breaks, hospital visitation rights, and many more.In December 1999, The Vermont Supreme Court decided that the Vermont Constitution entitled same-sex couples to the same legal equality as heterosexual couples. However, the court did not make marriage legal, rather they told the legislator to devise laws that would protect same-sex couples in Vermont. The Court declared, “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.” (Baker v. Vermont, 1999)

An image of the plaintiffs of Baker v. Vermont, 2000

Chaos consumed the legislator as this was one of the first discussions by lawmakers trying to decide on rights for same-sex couples. The Governor at the time, Howard Dean, told lawmakers he would veto any bill that called for same-sex marriage, so it was time to get creative. Throughout the months, lawmakers argued in the chambers while Vermonters chimed in, the whole ordeal was described as “frightening, but real.” People’s rights and lives were on the line. After months of debates in the legislator, the lawmakers devised the terminology, never used before, to give same-sex couples the same state rights as “Civil Unions.” The terminology “Civil Unions” comes from the ideologies of the Civil Rights Act and that whole movement. Here is a link to the project on the Civil Rights Movement and Vermont Life: https://mackhuttsierra.wixsite.com/vtlifecivilrights. In April 2000, the House, Senate and Governor passed legislations enacting “Civil Unions” for same-sex couples. Many queer people saw this as “separate but equal” and it was not until 2009 that same-sex marriage was legalized in the state.