OUT IN THE MOUNTAINS — SEPTEMBER 1998 27 — LEGAL BRIEFS _ Landmark Decision in Own Own Backyard BY BETH ROBINSON Although Vermont is one'of the best states in the nation in terms of g / 1/ b/ t / q civil rights, a number of coun- tries around the world are far ahead of us in the struggle for full civil rights. South Africa was the first country in the world to incorporate protections against sexual-orientation discrimina- tion in its constitution; Denmark, Nor- way, Sweden, Finland, Greenland, the Netherlands and Iceland protect same- sex couples through legally—recognized registered partnerships which give rise to almost the full panoply of legal rights and responsibilities that accompany civil marriage; and international hu- man rights tribunals have concluded that sodomy laws violate the privacy and non-discrimination provisions of international human rights treaties (to which the United States is a party). One of the most exciting recent developments on the international 7 front has taken placein our own back yard: In April, in a case called Rosenberg v. Canada, the Court of Ap- peal for Ontario struck down a Cana- dian law which provided for pension survivor benefits for common law spouses of the opposite sex but not those of the same sex. The court con- ‘ cluded that the law discriminated on the basis of sexual orientation, and therefore violated the Canadian Char- Dylscs Towatch Outfor ter of Rights and Freedoms (which is like our federal Constitution). The court explained, Differences in cohabitation and gender preferences are a reality to be equitably acknowledged, not an indul- gence to be economically penalized. There is less to fear from acknowledg- ing conjugal diversity than from toler- ating exclusionary prejudice. The court recognized the law's responsibility to adapt to diverse family structures, not- mg: ”Given the range of human pref— K erences and possibilities, it is not un- reasonable to conclude that families may take many forms. It is important to recognize that there are differences which separate as well as commonali- ties which bind. The differences should not be ignored, but neither should they be used to delegitimize those families that are thought to be different.” The court employed powerful language in rejecting the government's incrementalist approach to redressing injustice against gay and lesbian citi- zens, writing, "Groups that have his- torically been the target of discrimina- tion cannot be expected to wait pa- tiently for the protection of their human byA1igon Bechdzl GLAD you coutb co/«E owzlz, . I REALLY NEED To TALK H NHAT WOULD HAD TO You... ' 7’ I'M so A1TRA('r£D.’ in HER.’ lCAN'T -p dignity and equal rights while govern- ments move toward reform-= one step at a time.” In the wake of the Court’ s deci- sion, leaders of several Canadian prov- inces announced plans to extend a va- riety of mari- Wool in Middlebury, Vermont whose practices include employment issues, family matters, estate planning, per- sonal injury and worker's compensa- tion cases, and general commercial and civil litigation. This column features timely information about legal issues of interest to our community. We hope to provide information about impor- tal rights to s a m e - s e x couples on an equal basis. The big news is, the Cana- dian govern- ment has ap- parently de- cided not to appeal the de- cision. T h e R o s e n b e r g decision may have profound implications in Canada since the court's reasoning should ap- ply with equal force in a full—blown marriage case. We can only hope with our shrinking global society that courts in the United States and elsewhere take note. Susan Murray and Beth Robinson are attorneys at Langrock Sperry & “Given the range at human preterenees and possibilities. it is not unreasonable to eeneluile that iamilies may take many terms." tant laws and court cases that may af- fect our rights, as well as practical nuts and bolts advice for protecting our- selves and our families. If you'd like to see us cover a particular topic, please feel free to write OlT M or call us at 388- 6356. Alison's on vacation. This is an archive episode of Dykes To Watch Out‘!-‘or. HAT Aeour HER? nus HAS Nommoiv mm my co~w\im:NT ‘ID TONI! IN FACT. lTHNKI1’l/J0uu> BF. uNH:Au’HY RJRUJR RELATIONSHIP [F I DIDN'T — :3 by AN ,-i Acfupgts THESF FEELINGS FOR GNGEK! = WHOA. CLARKE Cl-ARICE? ARE you IN THERE,OR H/N; >'au BEBJ FOSSESSED ALIEN? '- .._.. STILL IN Pl/£570 us - ; WHILE... 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