—j How about those who live elsewhere in the United States, travel to Hawaii, ob- tain a license, marry and return home? Lots of heterosexual couples marry each year in a state other than the state where either resides. Where will the gay or les- bian couple from Vermont stand? Again, that is impossible to answer in complete confidence. Think of a Vermont couple who marry in Honolulu and later seek to file a joint Vermont tax return. In this country, in general, there is a strong tradition, one that has grown stronger over recent years, for states to recognize a marriage as valid, if it is valid in the state where it was performed. If Vermont honors that tradition, it would permit the couple mar- ried in Hawaii to file a joint Vermont re- turn, even if Vermont itself would not have issued a marriage license to the couple. The best hope is that Vermont and many states will accept the Hawaiian marriages. (An even more hopeful pos- sibility would be that, eventually, the Vermont legislature would decide to per- mit our gay and lesbian citizens to marry right at home rather than having to travel 6000 miles to do so.) ’ The courts and legislatures in some states—it isn’t hard to imagine ex- amples—are, however, likely to be ex- tremely hostile to gay and lesbian mar- riages. Courts in these other states—and it might, despite my hopes, include Ver- mont—might refuse to recognize the couple as married for purposes of its laws on the ground that the gay marriage vi- olated what they regarded as some strong state policy. (In the same manner, state courts have sometimes refused to rec- ognize the marriage conducted elsewhere of a person who traveled elsewhere to marry but was too young to marry under her home state’s laws.) And, whatever their courts did, legislatures might change their laws to limit some benefit (such as the joint return) solely to mar- ried persons of the opposite sex. If a state’s courts or legislature refused to .recognize the Hawaiian marriages of gay or lesbian couples, it is quite un- certain whether anything in the United States Constitution would require them to act otherwise. Finally, even in states that decided that couples that marry in Hawaii will be treated as married under their law, it is uncertain whether private entities, such as private employers in Vermont, will have to treat gay and lesbian employees married in Hawaii in the same manner that they treat married heterosexual em- ployees. The gay couple married in Ha- waii will have a powerful moral claim for equal treatment with other married couples (the same claim they have now, only more so), but unwilling em- ployers in many states might well get away with altering their benefit pack- ages to limit them to married persons in opposite-sex relationships. The short of it is that any gay or lesbian couple married in Hawaii will have the greatest protection for their relationship if they remain in Hawaii, but will (at least until time passes and we see what states do) face uncertainties when they live anyplace else. They will face some uncertainties even in Hawaii when they seek the benefits of federal law. All this is a way of saying that the Hawaii de- cision is an astounding landmark but, not surprisingly, leaves many un- answered questions. If you buy that tick- et to Hawaii, do not expect to live a has- sle—free life in your later relationships with the government. But then whoever said that life as a gay man or lesbian could be hassle-free? V How to Advertise If you would like to run an ad in 01 TM, please contact us for rates, sizes, and information. Ad copy must be received by the 1st of the month to be included in the next month's issue. Copy can be mailed to: 0ITM, P.O. Box 177, Bur- lington, VT 05402, or call Ellen at (802) 860-1922. ARANOFF AXTFTZFLIWEYS AT LAVV UPSON SERVING THE NEEDS OF THE‘ LESBIAN AND GAY COMMUNITY V Susan L. Aranoff Lisa A. Upson 28 MAIN STREET, MONTPELIER, VERMONT 05602 802.223.1418 October 1993 Hardwick Chiropractic Dr. Grace Johnslone An integrated approach to health care. i Mill S’r.. Hardwlck 472-3033 ARTISTS Kara & Shellie 188 Shelburne Rd. Burlington, VT 05401 802 o 658 o 4328 S-09-93-BM ' Woodweaver Construction Natalie Grant RR1, Box 2562, Residential Remodeling General Carpentry Fully Insured - Free Estimates Melinda Scott Huntington, VT 05462 (802)434-5262