Lawsuit Same-sex marriage in Vermont

on july 22, 1997, 3 same-sex couples sued state , jurisdictions had denied them marriage licenses. lost in trial court on december 19. court ruling vermont s statutes limiting marriage different-sex couples constitutional because served public interest promoting link between procreation , child rearing .

the vermont supreme court heard case on appeal , on december 20, 1999, ruled in baker v. vermont vermont constitution entitles same-sex couples same benefits , protections afforded vermont law married opposite-sex couples . court did not give plaintiffs relief sought. instead of ordering state officials allow same-sex couples marry, invited state legislature devise solution:

whether takes form of inclusion within marriage laws or parallel domestic partnership system or equivalent statutory alternative, rests legislature. whatever system chosen, however, must conform constitutional imperative afford vermonters common benefit, protection, , security of law.

the court set no deadline, suspended judgement reasonable period .

mary bonauto, 1 of plaintiffs attorneys, later described how advocates same-sex marriage struggled understand how had won judgment not right marry: [t]hey had beautiful language in there humanity of gay people, couldn t believe had done thought political judgment. had never heard of segregating word marriage rights , protections.