The Sky's Still Here. @7117 O//621%-//J BY SusAN MURRAY & BETH Roamsou ermont’s landmark civil union View has been in place for two years now, and the sky still hasn’t fallen. The sun continues to rise in the East and set in the West, and. although the earthquake was a little freaky, we seem to have avoided any major natural disasters of epic proportions. So how is the law work- ing, and what lies ahead? 3,500 Families The most obvious beneficiaries have been the families of the nearly 3,500 couples who havejoined in civil g union. Many of these couples now enjoy the full range of legal protec- tions available to married heterosexu- al couples in Vermont. Couples have found their joint auto and homeown- ers’ insurance rates going down, V more ready access to health insur- ance, and the peace of mind of know- ing that, if one partner dies without a will or becomes incapacitated, the other partner is protected by law. Couples bringing children into their , families have found the adoption process more user-friendly, as they now stand in the same shoes as mar- ried couples. The handful of couples who have split up have had access to a court process designed to protect either party from being unduly taken advantage of in connection with the breakup. The list goes on and on. These couples have also experienced legal and public recogni- tion of their committed relationships . — an acknowledgment which, for many of these couples, has been pro- foundly important, sometimes sur- prisingly so. In short, while the civil union law has taken nothing away from other families, i_t has provided meaningful protections fora large benefits similar to what the civil union law now provides? The opposi- tion desperately wanted to eliminate the message of inclusion and respect that is currently woven into the civil union law. This message touches the lives of every Vennonter, gay or straight, ally or homophobe, and serves as a powerful beacon of jus- tice across the country and around the world. No Major Glitches Although detractors predicted a parade of horribles, the law is work- ing just fine. The Civil Union Review Commission, in its January 2002 report, concluded that the law “has brought no material adverse impacts on state government, on Vermonters, on the Vermont economy or the state generally.” The various state agencies who needed to adapt their practices to include civil union spouses have done so, insurance companies have developed appropriate civil union rid- ers to their Vermont policies, busi- nesses have adapted to recognize employees’ civil union spouses, and the family courts have absorbed the negligible additional activity without difficulty. some Snafus There have been bumps in the road, the biggest one being in the area of employer-provided health insurance. In dispute is whether private employ- ers have to buy policies that include coverage for civil union spouses, if they want to buy a policy that covers the spouses of married couples. At issue is the extent to which a federal law trumps state law. Fair and cautious employ- ers are already providing civil union spousal coverage. Not only is it the right thing to do, but most employers don’t relish the thought of being sued on the issue. Some employers are still holding out. If you work for one of these employers, please give us a call at (802) 388-6356. g are awe’! amok/42 /4111’, M6 ma//ta [flan S flatllflfitl manage gy med r med 7! number of families who were previ- ously ignored by our law_s. A Message of Respect The civil union law has had a much bigger and broader impact than sim- ply benefitting couples who have joined in civil union. Our laws are powerful symbols of who we are as a people. The civil union law, far more than any other law in our country, reflects a powerful message of inclu- sion and respect for g/l relationships. The importance of this message can- not be over-estimated; why do you think the opposition worked so hard last year in the House to pass a bill to repeal "civil unions." even while giv- ing same-sex couples a bundle of The only other note-worthy snafu we have seen in the last couple of years involves taxes. As OITM has reported, th_ere has been some confu- sion regarding how the tax depart- ment will treat civil union spouses for purposes of filing income tax _ returns, but this now seems to have been straightened out. Out-of-State Couples We’ve heard lots of stories from cou- ples who have received various bene- fits — family health club member- ships, zoo passes, and museum mem- berships - from organizations that previously were not providing these perks to same-sex couples. We’ve heard from couples who have (M Me @:I/?'/(% 0/an obtained health insurance, spousal disability insurance, and other bene- fits from their employers on the basis of their Vermont civil unions. We have even heard of folks who have gotten a married couples’ discount from another state’s agency because oftheir civil union. On the other hand, we are also hearing from people around the country who aren’t getting such ben- efits. The only court to consider the matter decided not to treat a civil union as a marriage for purposes of . allowing a lesbian to have overnight visits with her children while living with her civil union spouse. We can I expect to see more stories cropping up in the coming years. Progress in other states Perhaps more important than how other states are dealing with civil unions is how other states are begin- ning to look at same-sex couples under their own laws. Activists in‘ California persuaded their legislature i to pass a domestic partnership law providing the broadest package of protections available to same-sex couples anywhere outside of Vermont. Committed activists in Connecticut have worked hard to pass a domestic partnership law with modest protections and an official state commitment to study the issues of marriage and civil unionfor same- sex couples. And, represented by the Baker v. State co-counsel Gay and Lesbian Advocate Defenders, a group of couples in Massachusetts has chal- lenged Massachusetts’ discrimination in marriage. A Tough Road Ahead It’s tempting to get complacent. The civil union issue no longer dominates the headlines; most Vermonters, ‘regardless of how they feel about‘ civil unions, are ready to move on p and deal with other issues; and Rev. . Stertzbach, in attacking eventhe most anti-gay conservative alflla/6 /aw» 'm;'.aa//6 aammt Republicans,’ seems to have marginal- ized himself. But the civil union law still hangs by a thread, and the tough- ' est road lies ahead. This may sound alarmist, but it’s true. Remember, we lost our pro-civil union majority in the House in the November 2000 backlash. The present House is firmly opposed to civil unions, and passed a repeal bill last session, which died in the Senate. Our margin of support in the Senate is narrow —- one or two votes, and two ofthem, Senators Shumlin and Little are leaving the Senate. That means that unless we take back the House. a shift of as few as one or two votes in the Senate could pave the way for repeal of civil union. The lieutenant governor’s race and the governor’s race are both wide-open, three- and four-way races. If no can- didate wins more than 50 percent of the vote in one of those races, the incoming legislature gets to vote to fill that seat!! V That’s a scary prospect. Republican gubernatorial candidate Jim Douglas is on record in support of the House-passed bill that would have repealed civil unions, and the Republican candidate for lieutenant governor campaigned previously on an anti-civil union platform. If the legislature gets to vote on who our next Governor ‘and Lieutenant Govemorwill be, we’re likely to end ' up with an anti-civil union governor and lieutenant governor! That’s why we need to work extra hard to support ally Doug Racine for the govemor’s race, to win back every seat we can in the House and hold onto or build our pro-civil union margin in the Senate, and to ensure that the lieutenant gov- ernor’s office does not fall into unfriendly hands. It does not matter whether civil unions is the issue that unseats our allies, or whether they are defeat- ed for reasons having nothing to do with their support for us; if we lose them, the civil union law is vulnera- ble to repeal. Nor is the political potency of the civil union issue dead. Anti- civil union extremist Rev. Stertzbach has attributed.the civil union law to the “relentless” work of “radical homosexuals,” and declared that “now it is our turn to be relentless.” Although he operates on the fringe, Rev. Stertzbach has the power to energize and mobilize significant constituencies in November. Our more moderate opposi- tion, “TIP,” has said in a press release that “November” (i.e., voting) would be the more appropriate time to ' express dismay with legislators regarding their positions on civil Vrglzectda / unions. In short, our opposition is not going away. V It will take hard work by everyone to ensure that the civil union law. survives the November election. We hope you will consider contacting Vermonters For Civil Union. www.vtcivilunionpac.org to find out how you can help. V Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool in Middlebutjy, Vermont whose prac- tices include employment issues, fam- ily matters, estate planning, personal injury and worker 's compensation cases, and general commercial and civil litigation. 2 O O 2 -2 00 SK 9/27/O2 l/31/O3 Red Priest, Brazilian Guitar baroque ensemble Quartet l0/'5/O2 2/l 4/O3 Coope, Boyes, Madame Simpsonl Butterfly_ Finest Kind 3/7/O3 IO/I l/O2. 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