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Bill Lippcrt 8: Enrique Percdo UVM Recognizes Canadian Marriage BURLINGTON — In what could be a first for a state-connected enti- ty, the University of Vermont has reversed itself and granted spousal benefits to an employee who mar-' ried his husband in Canada. John Mejia, a staff member at the ALANA Student Center, mar- ried Junior’s Restaurant pastry chef Jesse Lauer in a civil ceremony in Ottawa, Ontario, Canada, on Friday, August 13, 2004. In September he applied for health and life insurance coverage for his spouse. The Human Resources‘ Department at the University rejected his request, based on a restrictive interpretation of Vermont marriage laws. “My reaction to their initial denial was astonishment because they had originally granted me benefits for ' about a few weeks to two months,” Mejia wrote in an email response to questions. ‘Then for some reason I got a call from Human Resources telling me that they were refunding me my contributions and denying my _spouse coverage because we did not have a civil union.” Mejia wrote that he “pursued it from day one.” According to university General Counsel Fran Bazluke, the matter was then “in abeyance.” On April 8, 2005, “the University received a request for reconsideration, which we took under advisement,” Bazluke explained. On May 23, she said, the University agreed that it would provide spousal benefits. Some of the delay was research, some was just .life happening ,‘some' I was waiting for the Register General of Ontario to provide a certificate for .the marriage, accord- ing to Mejia. During the delay, Meija wrote, “I was called a couple of times with a suggestion that I get ’a civil union or ask for an adminis- trative exemption from the policy. That is, they would grant me an exemption without addressing the policy issue. We declined because Jesse and I were committed to hav- ing our legal marriage recognized.” For that determination, Mejia credited the influence of his fami- l-y’s culture: “As a Latino those messages of the centrality of mar- riage in the larger social context really influenced my view of mar- riage and were part of the reason I wanted to be legally married. I don't think that unmarried partners have lesser relationships, but for me personally a legal marriage was very important.” Bazluke characterized the change in outcome as resulting from “further reflection” on appli- cable Vermont laws regarding civil unions and marriages performed in other jurisdictions. She also said the process was “respectful.” Mejia’s attorney, Beth Robinson of Langrock Sperry & Wool, credit- ed the University’s counsel Tom Mcrcurio with reviewing and accepting a detailed legal analysis that she provided. The decision is that the University of Vermont will accept as valid and provide spousal bene- fits for same-sex marriages from other jurisdictions where they are legal. Bazluke offers one excep- . tion: “We reserve the right to. require proof of validity” for both » straight and same-sex marriages. “I appreciate the thoroughness of the counsel's office and that given the circumstances they were great to work with,” wrote Mejia. At various times since he con- tested the case of the Baker plain- tiffs on behalf of the state, Vermont Attorney General William Sorrell has said publicly that Vermont would not recognize same-sex mar- riages from other jurisdictions. He‘ cited the civil union law’s repeated declaration that “marriage is between one man and one woman.” Robinson, referring to opposite conclusions from attorneys general in the northeast, including Rhode _ Island and New York, declared, “Our attorney general has positioned himself outside the mainstream.” Because the university’s action embodies a policy change based on a legal interpretation, there is apparently no single document that an employee can point to in making a request. Both Bazluke and Robinson said that the university has pledged to review all of its forms and materials that mention a “spouse,” including those online, to “make this policy transparent,” said Bazluke. She expected that the review and revision would be com- plete by the end of October. V