This was a busy and often emotional week as we debated the budget, transportation and marriage equity bills.

S.115 Civil Marriage

As the committee of jurisdiction, my committee took testimony on the S.115, the Civil Marriage Equality bill, held a joint public hearing with the Senate Judiciary Committee, and I personally received over 1000 emails, phone messages and letters on the issue. The vast majority of the emails were from out of state. I tried to respond to emails and calls from my constituents. If I missed you, it is because we received so many and our system often froze because of the voluminous number of emails.

I voted in favor of the bill. The extension of civil marriage to same sex couples is a matter of civil rights. Civil unions established a separate but equal class for same sex couples that according to constitutional experts, violates the Vermont constitution.

According to the Vermont Civil Liberties Union, "The kernel of every civil rights struggle is a recognition that unequal treatment weakens us as a state. Freedom and unity are inseparable. Equal justice under the law is the tie that binds us." I wholeheartedly agree.

According to the Vermont Constitution: "all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property and pursuing and obtaining happiness and safety…" I cannot justify treating our gay and lesbian friends and neighbors unequally in denying their pursuit of happiness through a committed loving marriage.

While some clergy members objected to the bill on religious grounds, the Vermont constitution states "Nor can any person be justly deprives or abridged of any civil right as a citizen, on a count of religious sentiments…" Further the bill includes an exemption for clergy from solemnizing a same sex civil marriage.

I also found the testimony of a coalition of Vermont mental health and human service organizations compelling. We heard that the separate but equal status of civil unions has led to discrimination that has impacts on individual's and families' mental and economic health. "A civil marriage license in Vermont will provide same sex couples and their children greater access to the social, psychological, legal, physical health and financial benefits that flow from civil marriage."

Dr. Louis DiNicola, pediatrician of Randolph and representing the Vermont Academy of Pediatrics, supported the bill, stating that optimal child development is influenced more by the nature of the relationship and interactions within the family unit than by the particular structural form it takes.

I explained my vote as follows:

"Mr. Speaker: I vote yes for S. 115. As a member of this body and your House Judiciary committee my goal is to promote justice for all Vermonters so they may attain equal access, rights, benefits and privileges under the law.

Through testimony on this bill I learned that civil unions does not do this, but creates a separate status for same sex couples and their children who are often discriminated against, stigmatized and marginalized.

Studies show that there is no credible scientific evidence that parenting effectiveness is related to parental sexual orientation, but instead is related toparenting styles.

In voting for this bill I vote for Vermont same-sex families and their children, with the hope to begin to repair the wounds of discrimination they suffer and give all Vermont children a more tolerant world in which to grow."

Frequently Asked Questions About S.115, An Act Relating

to Civil Marriage

Who Will Be Permitted to Civilly Marry?

S.115 and the House Judiciary Committee amendment define civil marriage as "the legally recognized union of two people." To establish a civil marriage, the persons may not be related to one another, must be at least 18 years of age, and may not be already married to or in a civil union with a different person.

Are Clergy Required to Solemnize a Same-Sex Marriage?

No. Clergy are authorized to solemnize marriages, but are not required to solemnize any particular marriage, and a clergyperson who refuses to solemnize a marriage is provided immunity from civil lawsuit under the statutes. A clergyperson may choose to regularly solemnize marriages but refuse to solemnize same-sex marriages.

Must a Church Allow a Same- Sex Couple to Use Church Property for a Wedding Reception?

No. Religious organizations and their related nonprofit organizations are not required to provide services or facilities to any person if the purpose is related to the solemnization or celebration of a marriage. A church may selectively provide such services to some individuals, while denying them to others, and the refusal shall not give rise to any civil claim or cause of action.

Do Religious Organizations that Reflect Disapproval of Same-Sex Marriage in their Employment Policies Risk Lawsuits Under Employment Anti-Discrimination Laws?

No. Vermont's Fair Employment Practices Act provides an exemption to religious organizations with respect to sexual orientation. Religious organizations are permitted to give preference to persons of the same religion or denomination and "may take action with respect to matters of employment which is calculated by the organization to promote the religious principles for which it is established or maintained."

Do Religious Organizations that Refuse to Extend Housing Benefits to Same-Sex Married Couples on Terms Identical to Those Offered to Married Women and Men Risk Lawsuits Under Fair Housing Laws?

No. Vermont's Fair Employment Practices Act provides an exemption to religious organizations with respect to sexual orientation. Religious organizations are permitted to give preference to persons of the same religion or denomination and "may take action with respect to matters of employment which is calculated by the organization to promote the religious principles for which it is established or maintained."

Do Religious Organizations that Refuse to Extend Housing Benefits to Same-Sex Married Couples on Terms Identical to Those Offered to Married Women and Men Risk Lawsuits Under Fair Housing Laws?

No. Vermont's Fair Housing and Public Accommodations Act provides that a religious organization may limit "the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion" and may give "preference to such persons, unless membership in that religion is restricted on the basis of race, color or national origin. The religious restriction or preference must be stated in written policies and procedures of the religious organization, association or society."

How Does the Act Affect Fraternal Benefit Societies?

The amendment specifically states that the civil marriage laws are not to be construed to affect the ability of a society to determine the admission of its members or to determine the scope of beneficiaries and shall not require a society "that has been established and is operating for charitable and educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide

Insurance benefits to any person if to do so would violate the society's free exercise of religion, as guaranteed by the First Amendment to the Constitution of the United States or by Chapter I, Article 3 of the Constitution of the State of Vermont."

Please stay in touch. 828- 2228 or maxjg@wcvt.com