Senate Judiciary Committee Takes Up Civil Union Bill

by Barbara Dozetos

Dick McCormick, D-Bethel, has been an outspoken proponent of extending marriage rights to gays and lesbians. As vice-chair of the Senate Judiciary Committee, he is now working to see that the upper chamber passes an acceptable version of the civil union bill.

The spotlight is now on the six members of Vermont’s Senate Judiciary Committee. The committee has scheduled three weeks of testimony on the bill.

“We’re not just going to rubber stamp the House bill,” said Chair Dick Sears, D-Bennington. “We’re going to go through it completely line by line and come to our own conclusion.”

So far, the slate of witnesses lined up to testify echoes those who appeared before the House committee before they started drafting the civil union bill, H.847.

Committee Vice-Chair Dick McCormack, D-Bethel, has been one of the leading supporters of extending marriage statutes to include gay and lesbian couples. However, his committee’s first action on this bill was to vote unanimously to take marriage out of the equation. Sears hopes this move will significantly reduce the time his panel needs to work on the bill. “It took the House committee more than four weeks just to reach that conclusion,” he said.

Committee member Vincent Illuzzi, R-Barton, introduced a domestic partnership bill late last year, before the Vermont Supreme Court returned the Baker decision and its mandate that gay and lesbian couples be granted the rights, benefits and privileges extended through marriage to heterosexual couples. Now, however, Illuzzi seems to be backing off even what was seen as a compromise of domestic partnership. Citing the will of the majority of his constituents, the former State’s Attorney says he may find himself forced to vote against his own bill, or something close to it.

“I didn’t expect the vehement opposition to this idea,” said Illuzzi. “The people feel they’re being pushed into this, and I can’t ignore their voices.”

McCormack agrees that a representative’s personal stance must be tempered by other things, but disagrees with Illuzzi’s conclusion.

“I’d be gambling with other people’s rights now, if I went on demanding marriage,” he said. Citing political realities and the social climate, McCormack said, “The House has given us a well-crafted compromise that honors the constitutional rights of our gay and lesbian citizens, but takes into consideration the concerns about marriage from others.” He said he found it ironic that he was now arguing for a parallel system to marriage.

“It breaks my heart to give up the point, but it’s time to work toward a consensus.”

Sears said he is determined to see the issues settled this legislative session. “If we don’t do anything this year, we’re in trouble next year,” he said. The Senate leadership has given him four weeks to return the bill to the floor for a vote.

The committee’s plan includes two informational hearings via Vermont Interactive Television to take place during the afternoon and evening of April 4. Sears is acutely aware of the call to give the public another chance to be heard and said that his committee members will make themselves available to attend regional meetings in person to answer questions about the legislation.

“There is a lot of mis-information out there,” said McCormack. “I think once people are really aware of what this bill does and what it doesn’t do, more of them will be supportive.”

In the end, however, McCormack said that the public’s opinion isn’t what the legislature should necessarily be listening to in this case.

“There are times when you have to stand your ground as an individual with a conscience and as a legislator who has taken an oath to uphold constitution,” he said. “Constitutional rights trump the will of the majority.”