LEGAL BRIEFS BY SUSAN MURRAY AND BETH ROBINSON Update on Marriage y the time you read this, Bwe will have argued the freedom to marry case, Baker v. State, before the Vermont Supreme Court. In this month’s column we answer some of the most common questions about the case that we have been hearing from our community. When will the Court decide the case? We don’t knbw. The Vermont . Supreme Court does not operate under any strict timetable. Because of the magnitude of this case, the Court may need quite a bit of time to read the sources cited in the parties’ briefs, and to draft its opinion. We don’t expect to hear from the Court until at least next Spring, although we could be wrong. What is the Court deciding? The Plaintiffs have argued that the State of Vermont cannot con- stitutionally prevent them from marrying. The State has asked the Court to throw out the case, argu- ing that same-sex couples have no _constitutional right to marry, and are not allowed to marry under the current marriage laws. The Court could agree with the Plaintiffs, and could order the State of Vermont, through the town clerks, to issue marriage licenses to the Plaintiffs, and any other gay cou- ples who apply. (That’s what we’ve asked the Court to do.) The Court could agree with the State, and could throw the case out. (That’s what the State wants.) Or, the Court might conclude that it needs more information about some specific fact question, and could remand the case for further The Marriage UIIBSUIIIIS proceedings. (Most of the argu- ments in the case do not involve factual issues, though.) What will it mean if the Plaintiffs prevail? If the Court rules in the Plaintiffs’ favor, then its decision will effectively remove from Vennont’s laws the last remaining (but quite significant) badge of second class citizenship for gay and lesbian citizens. Those gay and lesbian couples who do wish to marry will be able to rely on'a broad array of laws including the rights to bury one’s spouse, to inherit from one’s partner in the absence of a will, to act as legal guardian if one’s partner becomes incapacitated, to own property with one’s partner in a way that is secure from each spouse’s indi- vidual creditors, to have certain privacy protections for confiden- tial conversations with one’s spouse, and to access laws and courts that are designed to deal with family breakups in the event that the relationship ends. What do we do now? Those who oppose full equal rights for gay and lesbian Vermonters and their families have already begun to mount a campaign in the legislature to pass a law, or even a constitutional amendment, to reinforce the legal discrimination against us and our families. We must be prepared. Win or lose in Court, we have a long struggle ahead of us; You can help by (1) writing your legisla- tors to let them know that you are part of the community and should be entitled to the same range of choices as your heterosexual counterparts—- let them know who you are, what you do in the community, and how the State’s discrimination affects you and your . family; (2) joining the Vermont Freedom to Marry Task Force and helping to organize educational events around the state (e-mail info@vtfreetomar- ry.org, or give one of us a call); (3) sending money to the Vennont Freedom to Many Task Force —- please!; (4) talking to your friends, coworkers and neighbors about how it feels to be a second class citizen under the laws of this State. What’s going on in Alaska and Hawaii? As you have probably heard, following a bitter campaign full of gay-baiting ads by well-financed out-of-state anti-gay groups, the voters in both those states recent- ly passed constitutional amend- ments which allow those states to prohibit same-sex couples from marrying. However, the lawsuits ' in those states are proceeding for- ward. Although it appears that the constitutional amendments will keep the plaintiffs in those cases from claiming the right to many, it’s not clear that the amendments prevent the plaintiffs from contin- uing to assert an equal right to the various legal protections, supports and obligations that accompany that status.V Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool in Middlebury, Vermont whose practices include employment issues, family matters, estate planning, per- sonal injury and worker 3‘ compensa- tion cases, and general commercial and civil litigation. This column fea- tures timely information about legal issues of interest to our community. We hope to provide information about important laws and court cases that may affect our rights, as well as prac- tical nuts and bolts advice for protect- ing ourselves and our families. If you ‘d like to see us cover a particular topic, please feel free to write 01 TM or call us at 388-6356. “The Spa” **for women** indoor pool, exercise room whirlpool, massage, beautiful accommodations for wholistic health and spiritual healings. Book your workshop here! Richmond, Vermont (802) 434-2037, 434-5224 email: TheSpaVt@a0l.com 0 Tutoring 0 Word Processing COMPUTER SOLUTIONS FOR EVEFlYONEl Call us: (802)362-5567 E-mail us: Suppart@CompAssistVt.com Our Web page: www.CompAssistVt.com GAY OWNED AND OPERATED - AL1. WORK STRICTLY CONFIDENTIAL 6 13 0 D3 N O 7? 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