by susan murry lEEAl BRIEFS & llellirulllnsnn So What Does Civil Jnion Mean? nless you’ve been I iaway on extended vacation or to avoid all (other) media, you probably know by now that the Vermont House has passed H.847, “An Act Relating to Civil Unions.” The bill still has a long way to go before it becomes law: through the Senate Judiciary Committee to the full Senate, back to the House if the Senate changes it, to a conference committee of both chambers if the House doesn’t pass the Senate’s version, back to both chambers again, then to the Governor. Nonetheless, it helps to know what the bill does and doesn’t do. What is a Civil Union? If the bill passes, “Civil Union” will be a new legal sta- tus available to same—sex cou- ples. Some Representatives unsuccessfully tried to elimi- nate all incest prohibitions in civil unions--that is, they tried to amend the bill so parents and children, or siblings, could enter a civil union. They are expected to try this again in the Senate, under the guise of “opening “up”. civil unions .:to “more categories of people.” How do you get a Civil Union? If the bill passes, acouple will get a license from a town clerk, have it certified by ajus- tice of the peace, clergy mem- ber, or other qualified person who oversees the union cere- mony, and then file the license back with the town clerk. What happens while you’re in a Civil Union? Parties to a civil union will be subject to the same legal responsibilities, and protec- tions, as married couples. These include: automatic inheritance rights without having to get a will, and broad protections for surviving partners under pro- bate laws right to dispose of partner’s bodily remains upon death preference for becoming partner’s guardian if partner is incapacitated ' preference‘ for making health care decisions without having to execute at Power of Attorney right to visit in the hospital wrongful death cause of action if partner is killed in an accident loss of consortium claim if partner is injured due to anoth- er’s negligence exemption from Property Transfer Tax when one person puts his or her partner’s name on the deed and mortgage right to hold property as Tenants by the Entirety, pro- tecting property from some creditors communication privileges, so partners cannot be forced to testify against the other leave from work to care for an ill partner under family medical leave laws leave from work when one’s partner gives birth to or adopts a child under parental leave law rights as a stepparent for a child of the other partner protection from .discrim,ina—,, tion in insurance and credit (to get, for example, . joint car insurance) greater access to health insurance coverage to partners in a civil union HowdoyouendaCivilUnion? The civil union bill contem- plates that couples will remain in a civil union until parted by death. A couple wishing to ter- minate a civil union, can file a dissolution proceeding in fami- ly court that follows the same procedures and applies the same laws as a married couple going through a divorce. That means a party to a civil union may be required to provide support (alimony) to the other upon dissolution, and any property owned by either party may be subject to division by the family .court. Is this just marriage by another name? No. This law represents a difficult compromise for advo- cates of full and genuine equal- ity for same-sex couples. A couple in a civil union will-face greater legal obstacles if they ever move from Vermont than a couple in a marriage even a same—sex marriage. Although parties to a civil union will have greater access to family health insurance than gay and lesbian couples presently have, they will still have less access to such coverage than if they could legally marry. Plus, although the law assigns a state-recognized legal status to same-sex couples-— an_ advance long overdue -- it is" separate ‘from civil marriage and rein- A forces just how far we have to go. before we reach a place of genuine legal equality with our heterosexual neighbors. Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool.. If you ‘d like to see us cover a particular topic, please feel free to write OITM or call us at 388-6356. 7 ‘ Laurie S. Rosenzweig Attorney at Law 18 South Main Street, P.O. Box 1455, Rutland, VT 05701 802-786-2251 e-mail: Sabu234@AOL.com Real Estate, Wills &Trusts, General Practice TTOVRNEYS matrimonial and family law 131 CHURCH STREET BURLINGTON, VERMONT 05401 P. 802.864.3120 _ F. 802.864.3635 L www.vermontiamily|aw.com info@vermontlamilylawtom April 2000 I Out in the Mountains I13 .V( Good legal advice can make all the difference. V Langrock Sperry 8: W001 offers the services of 22 lawyers with over 300 years combined experience in all areas of the law — including two lesbian attorneys with special expertise serving the legal needs of the g/l/b/t/q community. SUSAN MURRAY & BETH ROBINSON a With offices in Middlebury and Burlington Middlebury (802) 388-6356 Burlington (802) 864-0217 smurray@langrock.com brobinson@langrock.com Langrock Sperry & Wool, LLP Arronmavs AT LAW 802.660.8396 Diane M. Felicio, Ph.D. mediator ’ Trying to work it out and getting nowhere? Conflict can be productive. separation - divorce - employee relations - consumer disputes %°+%1‘a /‘A/\ 3,12% $0‘ $5" I ' 6‘ . <90‘) 07;)‘ .»r\°$‘ BLACKWOOD ‘as, 04;, ‘*° ""9 *’ d t I o r n ey 3 b|ackwdlaw@ao|.com fax: go2_363_0262 Employmant and Special Education Law, Civil Rights Law, Wills and Mediation, LGBI'Adoptions and Domestic Issues, Personal Injury Law and other litigation