Landmark Legislation in Vermont Raises Questions for Other States.

• Position: Brief Article

Vermont now recognizes "civil unions" between same-sex couples, granting them virtually all the benefits, protections and responsibilities that are given to married couples.

But this new law may have implications outside the state's border, as same-sex couples from other states seek recognition of their relationships.

The Vermont legislation came out of a December 1999 state Supreme Court ruling that same-sex couples were entitled, under the state constitution's common benefits clause, to the same benefits and protections as married opposite-sex couples. The court ruled that the Vermont General Assembly had to decide how to provide these benefits and protections, either by legalizing marriage for same-sex couples or by establishing an alternative system.

The Vermont legislature chose to preserve marriage as the "legally recognized union of one man and one woman," but at the same time create a parallel system for same-sex couples that goes beyond existing "domestic partnership" and "reciprocal beneficiaries" laws that exist in California, Hawaii and many localities in the United States today.

In an extraordinary and intense session, the legislature held what Governor Howard Dean called the most "prolonged and intense period of public debate" in the state's history. Thousands of Vermonters attended hearings at the Capitol and at various sites throughout the state through interactive public access television. Citizens attended town meetings and held a straw vote on the issue--with most towns opposing same-sex marriages and domestic partnership benefits. Other polls, however, indicated sentiments much closer to a 50-50 split. The issue generated 10 to 20 times the number of letters, e-mail messages and telephone calls legislators normally receive.

The Vermont system of civil unions entitles same-sex couples to benefits and responsibilities related to state taxes, medical decision making, probate, property...