by Paul Olsen

      A bill repealing Vermont’s landmark civil union law and a constitutional amendment prohibiting same-sex marriage in the state have been introduced in the Vermont legislature.
      H.274, dubbed by its authors “The Marriage Restoration Act,” would repeal the civil unions law and void the 5000 civil unions performed in Vermont since it went into effect in July 2000. The repeal bill has been introduced in the House of Representatives with 16 cosponsors, including Nancy Sheltra (R-Derby), Duncan Kilmartin (R-Newport), David Bolduc (R-Barton), John Hall (R-Newport) and Loren Shaw (R-Newport).
      The 11 other representatives who signed on as co-sponsors are John Winters (R-St. Swanton), Alan Parent (R-St. Albans), Norman McAllister (R-Highgate), Harvey Otterman (R-Topsham), three of the four Rutland City representatives (Thomas Depoy, Virginia Duffy, and Carl Haas, all Republicans), Henry Gray (R-Barre Town), Stephen Webster (R-Randolph), Philip Winters (R-Williamstown), and Sylvia Kennedy (R-Chelsea).
      The proposed constitutional amendment would leave civil unions intact but would outlaw same-sex marriages in Vermont. The amendment, sponsored by Sens. Julius Canns (R-Caledonia), Hull Maynard (R-Rutland), and Kevin Mullin (R-Rutland), says, “that marriage between two people of the same sex is invalid in Vermont and shall not be recognized for any purpose.”
      Sen. Canns told Out in the Mountains that he introduced the constitutional amendment because he wants to provide Vermonters with an opportunity to vote on the issue. “This constitutional amendment was asked for by a lot of people because it is the only way that the people of Vermont can get it on the state ballot and decide the issue,” he said. “I’ve had many people tell me we need to vote on this issue up or down. It’s presently locked in the Judiciary Committee and unless and until the chairman of that committee chooses to bring it up it will probably die.”
      Senator Richard Sears (D-Bennington) chairs the Senate Judiciary Committee.
      Co-sponsors of H.274 also concede that their initiative will likely fail. “It won’t go anywhere... it is largely symbolic,” state Rep. John Winters (R-Swanton) lamented. “We’ve got civil unions in Vermont and I’m sure that we will always have it. I just never could agree with the civil unions law. I ran in my two towns against that law.”
      Canns’ and Winters’ pessimism reflects the makeup of the legislature. Civil union supporters narrowly control the House of Representatives while the Senate remains overwhelmingly controlled by pro-civil union Senators.
      In a February interview with Out in the Mountains, Republican Gov. James Douglas also admitted that civil union is unlikely to be revisited this legislative session. “I don’t see much interest in reviving it,” he concluded. “I sense a clear focus on job creation and economic growth and not as much interest in civil unions or other social issues. I think most Vermonters don’t want to revisit that issue in any form at this point.”
      Civil union supporters agree with Douglas and conclude that Vermonters want to move on. “We need to, of course, remain vigilant, but most senators and representatives are working hard for all Vermonters and have no desire to reopen old wounds, pitting neighbor against neighbor,” said Beth Robinson, an attorney in the historic Baker v. State gay marriage lawsuit.
      In a related civil union story, a judge in Texas recently issued a divorce to two gay men who entered into a civil union in Vermont. Russell Smith, 26, and John Anthony, 34, of Beaumont, Texas were joined in civil union early last year. The Associated Press reported that Smith filed for divorce for “financial reasons.” Citing the U.S. Constitution’s full faith and credit clause, Judge Tom Mulvaney dissolved the civil union.
      The decision disappointed repeal co-sponsor Rep. John Winters. “I was very surprised that a Texas judge abolished a civil union that was only here in Vermont,” he said. “It probably opens the door to something but I’m not sure quite what.”

To track the status of any legislative bill online, go to www.leg.state.vt.us and click on the Legislative Bill Tracking System. Paul Olsen lives in Colchester and also writes for In Newsweekly.