Vermont Legislature Overrides Veto, Legalizes Same-Sex Marriage

Vermont has become the fourth state to recognize same-sex marriage. Yesterday, Governor Jim Douglas followed through with his threat to veto legislation that legalized same-sex marriage. Today, however, the state legislature swiftly overturned the veto, by a vote of 23-5 in the Senate and 100-49 in the House. Prior to the veto override, former governor and past presidential candidate Howard Dean urged lawmakers to pass the measure.

Vermont joins three other states that recognize same-sex marriages. Last week, the Iowa Supreme Court unanimously held that a state prohibition of same-sex marriage violated the state constitution. The Connecticut Supreme Court issued a similar ruling last year. And in 2004, the Supreme Judicial Court of Massachusetts invalidated a state ban on same-sex marriage. Although the highest courts in Hawaii and California also invalidated those states' prohibitions of same-sex marriage, voters overturned those rulings by constitutional amendment.

Social Movements Activity
The dramatic movement on this issue results from a litigation strategy devised by same-sex marriage proponents. Vermont is the only state to legalize same-sex marriage through legislation. Although court involvement in the issue has led some commentators to make claims of "judicial activism," the rulings have reasonably applied existing state law doctrine.

President Obama has stated that he does not support same-sex marriage. And while marriage is typically regulated by local law, the constitutional issues the subject implicates can bring it into the purview of federal courts. Advocates, however, have largely avoided the federal courts given their conservatism. Nevertheless, a recent litigation seeks to invalidate a portion of the Defense of Marriage Act that denies equal federal benefits to same-sex couples who are lawfully married in their home states. The Obama administration has not responded to the lawsuit, but during his campaign, he said that he supported the repeal of DOMA.

Closing Thought
I often disagree with proponents of same-sex marriage because they typically do not favor disbursing important social benefits (health care, etc.) to nonmarital relationships. Nevertheless, I support the recent rulings and legislation because the denial of same-sex marriage raises very compelling equal protection and fundamental rights concerns. The recent success of this movement, however, should not foreclose debate over the necessity of using marriage as the exclusive or primary vehicle for distributing social resources and benefits.

Related Readings on Dissenting Justice:

Sorry, Adam and Steve: If You Get Married, We Must Allow the Smith Triplets to Wed Each Other As Well!

Advice to Vermont: Veto Your Governor!

Utterly Empty Rhetoric: Some Conservatives Argue That the Iowa Supreme Court Engaged in "Judicial Activism"

Iowa Supreme Court Strikes Down Gay Marriage Ban

Advice to Vermont: Veto Your Governor!

Any governor who vetoes legislation that expands civil rights for groups that have faced a history of discrimination deserves to lose office. Nevertheless, Governor Jim Douglas of Vermont promises to veto a recent bill that legalizes same-sex marriage.

Lacking any good reason for justifying state-sanctioned discrimination on the basis of sexual orientation, Douglas says that he -- like Obama -- believes that marriage is between a man and a woman. He has also shamelessly argued that the debate over same-sex marriage distracts the state legislature from engaging in important work on fixing the economy.

Douglas, however, does not realize (or acknowledge) that his own personal beliefs do not provide a basis for sexual orientation discrimination. There are many ways that widely shared personal beliefs could limit marriage. For example, a lot of people believe individuals should not marry outside of their racial, class or religious backgrounds, but this would not provide a legitimate basis for legislation.

Rather than restraining rights while states like Iowa are moving forward, Douglas should have the courage to make a decision that is forward looking. If Douglas vetoes the equality measure, Vermont residents can do the same to him during the next election.

Maple Syrup, Snow, and Same-Sex Marriage? Maybe. . . .

The Vermont House has joined the Senate and passed a bill legalizing same-sex marriage. Vermont Governor Jim Douglas, whom I have argued qualifies for "Wimp of the Year," has threatened to veto the legislation. The House measure did not garner enough support to override a veto, should the governor follow through with his promise.

In some of his press statements, Douglas has invoked the name of President Obama (who also opposes same-sex marriage) and the urgency of the economy to defend his veto threat. The severity of the economy, however, has not prevented the governor from attending soirees for poster contest winners and attending sugar house tours.

It's Official: Vermont Governor Jim Douglas Formally Announces His Intent to Veto Same-Sex Marriage Measure, If Passed

The Vermont Senate has voted to legalize same-sex marriage, and the House is expected to do the same thing soon. Republican Governor Jim Douglas, however, stated today that he would veto legislation on the issue (affirming comments made by his spokesperson yesterday) [Editor's Note: The article on the veto threat has been substantially updated and includes far more information than when I first wrote this essay.]

Douglas stated that he will veto legislation authorizing same-sex marriage so that the state con focus on the budget and the economy. His spokesperson made the same argument yesterday.

This argument, however, is just a smokescreen designed to mask his bigotry. Although Governor Douglas claims that the same-sex marriage legislation consumes time that he could use to address the economy, he is spending the weekend engaging in a host of nongovernmental activities, including tree tapping, touring sugar houses, and attending a poster contest banquet. Hopefully, the Vermont media will uncover the contradictions and deceipt in his argument.

Related Reading on Dissenting Justice:

Definite Candidate for Wimp of the Year Award: Vermont Governor Jim Douglas

Definite Candidate for Wimp of the Year Award: Vermont Governor Jim Douglas

Vermont Governor Jim Douglas has jumped ahead of the pack in the race for the "Wimp of the Year" award. Douglas surpassed the competition as a result of his lack of courage on the issue of same-sex marriage.

Currently, Vermont recognizes civil unions, but the state Senate voted to legalize same-sex marriage earlier this week. The House will consider the measure later this week, and most reports indicate that the proposal will likely receive enough votes.

Douglas, however, has threatened to veto any measure that legalizes same-sex marriage. His spokesperson explained the governor's strained position:

Governor Douglas agrees with President Obama that marriage is between a man and a woman. He supports Vermont's current civil union law, which provides equal rights, benefits, and responsibilities to Vermonters in civil unions," said the governor's spokeswoman, Dennise Casey.

The governor "believes this bill is a distraction from the important work the legislature needs to do to pass a responsible budget and get our economy going again," Casey added.

This is an utterly wimpy argument. Douglas is a wimp because he chose to hide behind President Obama rather than articulating his own independent argument on the subject. Douglas is also a wimp because he chose to hide behind the economy in order to justify his position -- as if balancing the budget can excuse discrimination. Douglas' has made one of the most pathetic political arguments I have seen all year. Accordingly, Douglas is a strong contender for Wimp of the Year. Congratulations, Governor Jim Douglas of Vermont!

Why Aren't These Things "Distracting"?
Here are some of the other things that Governor Douglas has done (or has planned for this year) that have not caused economic collapse in Vermont.

Vermont Quarter to get a Makeover: "Governor Jim Douglas has nominated Vermont’s 150 miles of the Appalachian Trail to replace the scene of Camel’s Hump and sap buckets as part of the U.S. Mint’s new America’s Beautiful National Parks Quarter Dollar Coin Program."

Public Appearance Schedule of Governor Jim Douglas:

Friday, March 27, 2009
6:00 p.m. Annual Green-Up Poster Contest Awards Banquet, Capitol Plaza Hotel & Conference Center, Montpelier

Saturday, March 28, 2009
10:00 a.m. Poultney Maple Fest Weekend Tree Tapping, Green Mountain College, Poultney

11:00 a.m.-4:00 p.m. Tour of Sugar Houses for Maple Open House Weekend, Locations to be Announced

6:00 p.m. Vermont Trappers Association Annual Banquet, Montpelier Elks Club, Montpelier

Governor Douglas has time to hang out at a tree tapping, go on a tour of sugar houses and attend a poster contest banquet, but he thinks that debating civil rights is too distracting.

Related Reading on Dissenting Justice:

It's Official: Vermont Governor Jim Douglas Formally Announces His Intent to Veto Same-Sex Marriage Measure, If Passed