6 Out in the Mountains

 

March 2000

Opponents of Same Sex Marriage Introduce Legislation

Below are the texts of two
resolutions and one proposed
amendment to the Vermont
Constitution introduced in the
past month; all oppose the
Baker decision or would severe-
ly limit the rights of gay and les-
bian families. House
Resolutions 34 and 35 have
been referred to the House
Judiciary Committee where
they are expected to die. The
proposed constitutional amend-
ment, lacks the support to move
‘forward. Nevertheless. the
names of the legislators who
sponsored them are significant.

House Resolution 34

House Resolution relating to
the Supreme Court Ruling in
Baker v. State of Vermont

Ofi°ered by: Representatives
Schiavone of Shelbume, Starr
of Troy, Allard of St. Albans
Town, Angel] of Randolph,
Atkins of Winooski, Baker of
West Rutland, Barney of
Highgate, Blanchard of Essex,
Bourdeau of Hyde Park,
Brown of Walden, Buckland of
Newport Town, Clark of St.

J ohnsbury, Cleland of
Northfield, Crawford of
Burke, DePoy of Rutland,

Flory of Pittsford, Follett of
Springfield, Freed of Dorset,
Fyfe of Newport City, Gervais
of Enosburg, Gray of Barre
Town, Gretkowski of
Burlington, Hathaway of
Barton, Helm of Castleton,
Hoag of Woodford, Holmes of

Bethel, Houston of
Ferrisburgh, Howrigan of
Fairfield, Hube of
Londonderry, Hudson of

Lyndon, Johnson of Canaan,
Kinsey of Craftsbury, Koch of
Barre Town, Krawczyk of
Bennington, LaBarge of Grand
Isle, Larocque of Bamet,
Larrabee of Danville, Lehman
of Hartford, Marron of Stowe,
Maslack of Poultney, Mazur of
South Burlington, McGrath of
Ferrisburgh, McNamara of
Burlington, Metzger of Milton,
Morrissey of Bennington,
Mullin of Rutland Town,
Neiman of Georgia, O’Donnell
of Vernon, Palmer of Pownal,
Peaslee of Guildhall,
Pembroke of Bennington, Pike
of Mendon, Quaid of Williston,
Richardson of Weathersfield,
Robb of Swanton, Rogers of

Castleton, Schaefer of
Colchester, Severance of
Colchester, Sherman of St.
Johnsbury, Smith of New
Haven, Sweetser of Essex,
Towne of Berlin,
Valsangiacomo of Barre City,
Willett of St. Albans City,
Winters of Williamstown,
Wisell of Bristol, Wood of
Brandon and Young of Orwell

Whereas, the Supreme Court
stated that, “the evidence
demonstrates a clear legislative
assumption that marriage under
our statutory scheme consists of
a union between a man and a
woman" and “that there is no
doubt that the plain and ordi-
nary meaning of ‘marriage’ is
the union of one man and one
woman as husband and wife,”
and

Whereas, the Supreme Court
found that statutes that exclude
anyone who wishes to marry
someone of the same sex does
not contravene Chapter 1,
Article 7th of the Vermont
Constitution, and that inclusion
of same sex couples in marriage
law is not necessary for the con-
tinued constitutionality of our
current law, provided an analo-
gous statutory alternative exists,
and

Whereas, the legislature rec-
ognizes the need to unify the
electorate on this most difficult
issue, and is appreciative of the
Supreme Court’s recognition of
the primacy of the legislature in
deciding how their rulings shall
be carried out, now therefore be
it

Resolved by the House of
Representatives:

That the legislature will
direct its efforts toward address-
ing the Supreme Court’s opin-
ion while reaffirming and sus-
taining the definition and posi-
tive values of traditional mar-
riage and protecting them from
alteration by actions taken in
other states.

House Resolution 35

Reps. Sheltra of Derby,
Randall of Bradford, Baker of
West Rutland, Hathaway of
Barton, Hoag of Woodford,
Hudson of Lyndon, Maslack of
Poultney, McGrath of
Ferrisburgh, Mullin of Rutland

Town, Pike of Mendon, Robb
of Swanton and
Valsangiacomo of Barre City
offered a House resolution, enti-
tled

House resolution relating to
the constitutional authority of
the Vermont Supreme Court;

Whereas, the government of
Vermont organized into three
separate divisions of power,
each exercising the exclusive
powers constitutionally granted
to it, is fundamental to the
establishment and maintenance
of our democratic republic and
is a paramount necessity for a
people to remain free and self-
goveming, and

Whereas, Chapter II § 5 of
the Vermont State Constitution
clearly states, “The Legislative,
Executive, and Judiciary
departments, shall be separate
and distinct, so that neither
exercise the powers properly
belonging to the others” and
clearly states in Chapter II § 2,
“That Supreme Legislative
power shall be exercised by a
Senate and a House of
Representatives”, and

Whereas, the Vermont
Supreme Court itself acknowl-
edged this fimdamental truth in
re: D.L. 164 VT. 223 (1995), an
opinion written by Justice
Dooley and joined by Justices
Morse and Johnson which held
that “The Legislative power is
the power that formulates and
enacts the laws; the executive
power enforces them; and the
judicial power interprets ‘and
applies them”, the division of
power “serves to create a struc-
ture resistant to forces of tyran-
ny”, and

Whereas, the Vermont
Supreme Court with this clear
understanding of these liberty-
protecting constraints and its
authority did, after holding as a
matter of law, that Vermont’s
marriage -statute did not include
same-sex couples and ‘held

explicitly and unequivocally
that the marriage law, in
restricting marriage to the union
of one man and one woman, did
not violate the Vermont
Constitution, then ordered the
passage of hundreds of new
laws requiring the creation of
so-called domestic partnerships,
a legal relationship which has
never existed in this state or any
other state of the union, in clear
violation of its constitutional
authority, the separation of
powers, and it is thus without
legal effect, and

Whereas, such an Order is a
deliberate and willful attempt to
usurp powers of the legislature
and the people, and if not resist-
ed, aids and abets the court in
establishing itself as an all pow-
erful oligarchy, in violation of
our constitution, laws, history
and the Constitution of the
United States, and

Whereas, succumbing to the

_unconstitutional Order of the

court, severely undermines and
mocks the Judeo-Christian
moral foundation of our society;
fLlI'th6I‘1TlOI'e, forcing laws on an
unwilling populace constitutes a
dereliction of duty on the part of
the legislature by not protecting
the people and their exclusive
right, through their legislators,
to determine what shall be
enactediinto law, within consti-
tutional restraints, now there-
fore be it

Resolved by the House of
Representatives:

That this legislative body
ignore the Supreme Court’s
usurpation of legislative author—_
ity and that no change in law
occur concerning marriage or
domestic partnership as a result

of the Baker vs. State of
Vermont opinion, and be it fur-
ther

Resolved: That the House of
Representatives immediately
hold hearings to consider the
impeachment of all Justices of
the Vermont Supreme Court
complicit in the Baker vs. State
opinion, on the basis of uncon-
stitutional usuipation of author-
ity in violation of their oath to
uphold and defend the
Constitution of the State of
Vermont.

Which was read, and referred
to the committee on Judiciary.
Proposed Amendment To
The Constitution Of The

State Of Vermont
Offered by: Senator Canns
of Caledonia County. Senator

Bahre of Addison County,

Senator Costes of Franklin
County, Senator Crowley of
Rutland -County, Senator
Greenwood of Essex-Orleans
County, Senator Ide of
Caledonia County, Senator
Illuzzi ‘of Essex-Orleans
County, Senator Maynard of
Rutland County and Senator
Morrissey of Bennington
County

Subject: Marriage; definition

PROPOSAL6

Sec. 1. PURPOSE

This proposal would clarify

the definition of marriage.
Sec. 2.

22nd of the Vermont
Constitution is added to read:

ARTICLE 22ND. [DEFINI-
TION OF MARRIAGE]

That marriage is a special
label for a partnership between
a man and a woman. V

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