Baker vs Vermont

From dKosopedia

Categories: Vermont | Same Sex Marriage

Three same-sex couples sued the State of Vermont in July of 1997 when they applied for marriage licenses and were denied. After motions, but no hearing, trial court judge Linda Levitt in Burlington granted summary judgment for the State. However, in her opinion Judge Levitt dismissed six of the seven State interests advanced by the Attorney General. The only interest she considered rational, “though flawed,” was that the marriage law sought to link procreation and child-rearing. Because Vermont has no relevant intermediate court, the case moved immediately to the Supreme Court.

On December 20, 1999, the Court issued a unanimous 5-0 decision reversing the decision of the trial court. Justice Dooley wrote a concurring opinion and Justice Johnson wrote a concurring/dissenting opinion. The Court decided two things: (1) the Vermont Constitution requires that all (or almost all) of the benefits of marriage to be extended to same-sex couples, and (2) the Legislature, rather than the Court, must determine how to do this, whether by marriage, domestic partnership, or some other means.

This decision allowed the legislature to create the institution of "civil union" in Vermont as a substitute for allowing same sex couples access to civil marriage.

For complete text of the decision: Baker decision.