Woohoo!

[mystofpric]

Vermont legalizes gay marriage

From staff, wire reports • April 7, 2009

MONTPELIER — Vermont has become the fourth state to legalize gay marriage — and the first to do so with a legislature’s vote.

The Legislature voted Tuesday to override Gov. Jim Douglas’ veto of a bill allowing gays and lesbians to marry. The vote was 23-5 to override in the state Senate and 100-49 to override in the House. Under Vermont law, two-thirds of each chamber had to vote for override.

The vote came nine years after Vermont adopted its first-in-the-nation civil unions law.

It’s now the fourth state to permit same-sex marriage. Massachusetts, Connecticut and Iowa are the others. Their approval of gay marriage came from the courts.

Tuesday morning's legislative action came less than a day after Douglas issued a veto message saying the bill would not improve the lot of gay and lesbian couples because it still would not provide them rights under federal and other states' laws.

Gov. Jim Douglas, who vetoed legislation, said, "I prepared myself for this outcome and predicted it. The outcome was not unexpected."

He had called the issue of gay marriage a distraction during a time when economic and budget issues were more important.

"What really disappoints me is that we have spent some time on an issue during which another thousand Vermonters have lost their jobs," the governor said Tuesday. "We need to turn out attention to balancing a budget without raising taxes, growing the economy, putting more people to work."

House Speaker Shap Smith's announcement of the vote brought an outburst of jubilation from some of the hundreds packed into the gallery and the lobby outside the House chamber, despite the speaker's admonishment against such displays.

The true jubilation didn't start until everyone gathered downstairs where they congratulated legislative leaders who championed the cause.

Among the celebrants in the lobby were former Rep. Robert Dostis, D-Waterbury, and his longtime partner, Chuck Kletecka. Dostis recalled efforts to expand gay rights dating to an anti-discrimination law passed in 1992.

"It's been a very long battle. It's been almost 20 years to get to this point," Dostis said. "I think finally, most people in Vermont understand that we're a couple like any other couple. We're as good and as bad as any other group of people. And now I think we have a chance to prove ourselves here on forward that we're good members of our community."

Dostis said he and Kletecka will celebrate their 25th year together in September.

"Is that a proposal?" Kletecka asked.

"Yeah," Dostis replied. "Twenty-five years together, I think it's time we finally got married."

Craig Bensen, a gay marriage opponent who had lobbied unsuccessfully for a nonbinding referendum on the question, said he was disappointed but believed gay marriage opponents were outspent by supporters by a 20-1 margin.

"The other side had a highly funded, extremely well-oiled machine with all the political leadership except the governor pushing to make this happen," he said. "The fact that it came down to this tight a vote is really astounding."

Also in the crowd was Michael Feiner, a farmer from Roxbury and gay marriage supporter, who took a break from collecting sap for maple syrup-making to come to the Statehouse.

"I'm taking a break to come and basically make sure that I was here to witness history," he said.

The House had initially approved the bill last week with a 95-52 vote. Smith and his leadership team worked through the weekend to try to persuade some legislators to change their minds.

One who did was first-term Rep. Jeff Young, D-St. Albans. He said he continued to be philosophically opposed to gay marriage, but decided that voting with his fellow Democrats would help him be an effective legislator in the future.

"You realize that, you know, it's a poker game in some ways," Young said. "Chips on the table. I'm a freshman. I have no chips. If I ... had 20 years of chips, I probably could play any card I want. I don't have that option."

He added, "It's the way the political game is played."

Sonny Audette (D-South Burlington) who was on the fence last night did not show up for the vote.

Three Democrats who voted against the bill voted for the override.

Iowa Supreme Court legalizes gay marriage

DES MOINES, Iowa – Iowa's Supreme Court legalized gay marriage Friday in a unanimous and emphatic decision that makes Iowa the third state — and first in the nation's heartland — to allow same-sex couples to wed.

Iowa joins only Massachusetts and Connecticut in permitting same-sex marriage. For six months last year, California's high court allowed gay marriage before voters banned it in November.

The Iowa justices upheld a lower-court ruling that rejected a state law restricting marriage to a union between a man and woman.

The county attorney who defended the law said he would not seek a rehearing. The only recourse for opponents appeared to be a constitutional amendment, which could take years to ratify.

"We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective," the Supreme Court wrote.

Iowa lawmakers have "excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification."

To issue any other decision, the justices said, "would be an abdication of our constitutional duty."

The Iowa attorney general's office said gay and lesbian couples can seek marriage licenses starting April 24, once the ruling is considered final.

Des Moines attorney Dennis Johnson, who represented gay and lesbian couples, said "this is a great day for civil rights in Iowa."

At a news conference announcing the decision, he thanked the plaintiffs and said, "Go get married, live happily ever after, live the American dream."

Plaintiff Kate Varnum, 34, introduced her partner, Trish Varnum, as "my fiance."

"I never thought I'd be able to say that," she said, fighting back tears.

Jason Morgan, 38, said he and his partner, Chuck Swaggerty, adopted two sons, confronted the death of Swaggerty's mother and endured a four-year legal battle as plaintiffs.

"If being together though all of that isn't love and commitment or isn't family or marriage, then I don't know what is," Morgan said. "We are very happy with the decision today and very proud to live in Iowa."

In its ruling, the Supreme Court upheld an August 2007 decision by a judge who found that a state law limiting marriage to a man and a woman violates the constitutional rights of equal protection.

The Polk County attorney's office claimed that Judge Robert Hanson's ruling violated the separation of powers and said the issue should be left to the Legislature.

The case had been working its way through the courts since 2005, when Lambda Legal, a New York-based gay rights organization, filed a lawsuit on behalf of six gay and lesbian couples in Iowa.

"Today, dreams become reality, families are protected and the Iowa Constitution's promise of equality and fairness has been fulfilled," Lambda Legal attorney Camilla Taylor said.

John Logan, a sociology professor at Brown University, said Iowa's status as a largely rural, Midwest state could enforce an argument that gay marriage is no longer a fringe issue.

"When it was only California and Massachusetts, it could be perceived as extremism on the coasts and not related to core American values.

"But as it extends to states like Iowa, and as attitudes toward gay marriage have evidently changed, then people will look at it as an example of broad acceptance," Logan said.

Polk County Attorney John Sarcone said his office will not ask for the case to be reconsidered.

"Our Supreme Court has decided it, and they make the decision as to what the law is, and we follow Supreme Court decisions," Sarcone said.

Gay marriage opponents have no other legal options to appeal the case to the state or federal level because they were not parties to the lawsuit, and there is no federal issue raised in the case, Sarcone said.

Bryan English, spokesman for the Iowa Family Policy Center, a conservative group that opposes same-sex marriage, said many Iowans are disappointed with the ruling and do not want courts to decide the issue.

"I would say the mood is one of mourning right now in a lot of ways," English said. He said the group immediately began lobbying legislators "to let the people of Iowa vote" on a constitutional amendment.

"This is an issue that will define (lawmakers') leadership. This is not a side issue."

Iowa has a history of being in the forefront on social issues. It was among the first states to legalize interracial marriage and to allow married women to own property. It was also the first state to admit a woman to the bar to practice law and was a leader in school desegregation.

Todd Pettys, a University of Iowa law professor, said the state's equal protection clause on which Friday's ruling was based is worded slightly differently than the U.S. Constitution. But Iowa's language means almost "exactly the same thing."

Still, he said, it's difficult to predict whether the U.S. Supreme Court would view the issue the same way as the Iowa justices.

Linda McClain, professor at Boston University School of Law, said she doubted Iowa's ruling would be "a realistic blueprint" for the U.S. Supreme Court," particularly considering the court's conservative leadership.

Senate Majority Leader Mike Gronstal, a Democrat, said state lawmakers were unlikely to consider gay marriage legislation in this legislative session, which is expected to end within weeks.

Gronstal also said he's "not inclined" to propose a constitutional amendment during next year's session.

Iowa's Democratic governor, Chet Culver, said he would review the decision before announcing his views.

[synirr]

It makes me so glad to see these states standing up for what is right

[Smile4Me]

WOOHOO BABY, You ready to get hitched? LOL Vermont here we come

In all seriousness though, I'm glad to see people starting to let individuals live how they want to live. Should have never been illegal to begin with, if you ask me. The south better catch up! LOL (yeah right)

[mystofpric]

WOOHOO BABY, You ready to get hitched? LOL Vermont here we come

In all seriousness though, I'm glad to see people starting to let individuals live how they want to live. Should have never been illegal to begin with, if you ask me. The south better catch up! LOL (yeah right)

Well we can choose where from the four! I'm actually rethinking it to say Mass, cause then we can go to the TT store!

I'm so happy that Vt did this and went through legistrature too so there can't be any back pedalling like in Cali. Big ups to the Vermonters! Iowa, I'm not be littling you in the least! Your pretty damn awesome yourselves!

[littlemissnonamegirl]

<3.

thank goodness. we need more of em to come around.

and suzy let me know if you do come lol.

woo!