Vermont Civil Union Review Commission
Continues to Study Landmark Law

by Paul Olsen

   MONTPELIER — The group charged with monitoring the implementation and operation of Vermont’s civil union law continues to meet and study the landmark law. Most recently, members of the Vermont Civil Union Review Commission heard testimony from Mary Bonauto, an attorney from the Boston-based Gay & Lesbian Advocates and Defenders (GLAD).
      In her phone testimony to the Vermont Civil Union Review Commission, Bonauto, who also served as co-counsel in the Baker v. Vermont gay marriage lawsuit, discussed the nationwide fallout from Vermont’s move to provide marriage-related rights and benefits to gay and lesbian couples through legally recognized civil unions.
      “I wanted to share my impression which is that overall the experience that people have had has been very positive not only in terms of being personally meaningful for them,” Bonauto said.
      Joining in civil unions hasn’t caused people problems,” she said. “It has been a very positive thing for people that has had some tangible results. I’m aware of situations in which a person has been able to change their name on a driver’s license simply by showing their civil union certificate. I’m familiar with a number of situations in which people have gained access to employee benefits, particularly health insurance, because they have joined in civil union.”
      In addition to commenting on the effectiveness of the year-old law, Bonauto discussed legal activity related to Vermont’s civil union law in five states — Rhode Island, Connecticut, Hawaii, Washington and California.
      According to openly gay state Rep. Bill Lippert (D-Hinesburg), a member of the commission, Bonauto’s testimony was helpful. “Mary (Bonauto) summarized the impact (of civil unions) outside of Vermont,” he said.
      “There have been five other states where civil union or civil union like legislation has been introduced,” Lippert said. “There’s not a rash of lawsuits. The only pending litigation is a case in Georgia where a woman who was divorced and part of her (child) custody proceeding said that she could only have visitation with her children if she was by herself or with someone with whom she was married. She had come to Vermont with her lesbian partner and had a civil union and is now challenging it in the Georgia courts saying it should be recognized as the equivalent or marriage under Georgia law for her custody and visitation rights.”
      Since Vermont’s civil union law took effect in July 2000, 2,479 civil union licenses have been issued. Nearly 20% or 487 civil unions have been for Vermont couples. The remaining 80% are from other states and countries including Canada, Mexico, Germany, and India.
      Established with passage of Vermont’s civil union law, the Civil Union Review Commission is an eleven-member group charged with collecting “information about the implementation, operation and effect of the act… (and) recognition and treatment of Vermont civil unions by other states and jurisdictions, including procedures for dissolution.”
      The Commission’s first report, issued last January, stated that Vermont’s civil union law is working as intended. Concluding that the civil union law is consistent with providing “eligible same-sex couples the opportunity to obtain the same benefits and protections afforded by Vermont law to married opposite-sex couples,” the group made “no recommendation at this time for further state action.”
      By law, the commission is required to issue a second report by January 15, 2002. The group is scheduled to meet again in September and October to continue studying the law.