A Win for Gays

By TAMMERLIN DRUMMOND

Vermont isn't about to legalize gay marriage. That's what the state's lawmakers were insisting last week after its house of representatives passed legislation allowing "civil unions" for same-sex couples. And that's what the bill says. It specifically defines marriage as a union between a man and a woman. But the list of rights the bill extends to gay partners sounds like the M word in everything but name.

Vermont's historic bill, the most sweeping gay-union legislation in the U.S., came at the direction of the state's Supreme Court, which ruled that same-sex couples are entitled to equal rights. The state senate is expected to pass the bill easily, and Governor Howard Dean has vowed to sign it. That doesn't mean there hasn't been a fire storm of protest. Critics say such a law would destroy the foundation of marriage. And they're poised to challenge it in court. But gays are celebrating what they call a symbolic and practical victory.

The bill would extend spousal rights to areas covered by state law--inheritance, medical decisions, insurance coverage, child custody and family-leave benefits. To be eligible, gay couples would have to obtain a license from the town clerk and have their union certified by a justice of the peace, judge or clergy member. Those that split up would have to file for dissolution.

It's unclear how much of a legal chain-reaction Vermont has set in motion. Thirty states have passed Defense of Marriage Acts expressly refusing to recognize same-sex unions approved elsewhere. But gay-rights advocates believe other states will eventually follow Vermont's lead. "People will see," says Peg Byron of the Lambda Legal Defense and Education Fund, "that the sky has not fallen in Vermont when families are respected this way."

--By Tammerlin Drummond