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Who May Establish a Civil Union? Civil union status is available to two persons of the same sex who are not related to one another. Parties to the civil union must be at least 18 years old and competent to enter a contract. If a person is under guardianship, he or she must receive written consent of the guardian. To enter a civil union, a person may not already be a party to another civil union or a marriage. How Do You Establish a Civil Union? A couple may apply for a civil union license from its town clerk's office. If the couple meets the requirements for establishing a civil union and pays a $20 license fee, the clerk will issue the couple a civil union license. Within 60 days of issuance of the license, a couple must have the civil union certified by an authorized person. Persons authorized to certify a civil union include judges, justices of the peace and clergy. Is a Town Clerk Required to Issue a Civil Union License? If a couple meets the requirements for a civil union license, a town clerk must issue them a license. The mandatory language in the civil union chapter is the same as the mandatory language in the marriage chapter. (A town clerk could not refuse to issue a marriage license to a qualified couple for any reason.) Government employees are required to perform the duties of their jobs despite their personal views. An assistant town clerk could perform the duties of a town clerk if the town clerk does not wish to issue the license. Existing Vermont laws provide citizens with tools to require government officials, including town clerks, to perform their statutorily mandated duties: Rule 75 of the Vermont Rules of Civil Procedure establishes a method to review a government official's "failure or refusal to act." Rule 65 authorizes courts to issue injunctive relief in appropriate circumstances. Vermont's Fair Housing & Public Accommodations Act, which prohibits public accommodations from discriminating on, among other grounds, sexual orientation, allows an individual who is subjected to such discrimination to sue for injunctive relief. Vermont law also allows aggrieved parties to seek damages from town clerks and other officials who fail to perform their duties and from their municipal employers. It provides that a "town shall make good the pecuniary damages which may accrue to a person by the neglect or default of the town clerk . . . to be recovered in a civil action on this statute." It also allows an individual who has been subjected to discrimination by a public accommodation to sue for compensatory and punitive damages and attorney's fees. In addition, federal law permits individuals to sue municipal officials and their employers who deprive them of state-created liberty or property interests without due process of law for injunctive relief, compensatory and punitive damages, and attorney's fees. Is a Justice of the Peace Required to Certify a Civil Union? The bill provides that civil unions "may be certified" by certain government officials, including justices of the peace. This language is the same as that for solemnizing marriages. A justice of the peace who made a blanket refusal to certify civil unions, while solemnizing marriages, would likely violate Vermont's Fair Housing & Public Accommodations Act, which prohibits public accommodations from discriminating on the basis of sexual orientation. To the extent that the act gives justices of the peace discretion to refuse to certify individual civil unions, they would be required to base such discretionary decisions on permissible, not discriminatory, grounds. Are Clergy Required to Certify a Civil Union? No. Clergy may choose whether to certify a civil union according to the rules, customs or traditions of their religion, just as they currently choose whether to perform civil marriages. The bill specifically states that it shall not be construed in a manner that would violate a person's religious freedom as guaranteed under the U.S. Constitution and the Vermont Constitution. What Are the Benefits and Responsibilities of a Civil Union? Parties to a civil union will have all the same benefits, protections and responsibilities under Vermont law as are granted to spouses in a marriage, and will be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons. The following is a non-exclusive list of some of the legal benefits, protections and responsibilities of spouses which will apply in like manner to parties to a civil union:
What About Taxes? For the purpose of state income taxes, parties to a civil union will be taxed in the same manner as married persons. Vermont estate taxes are treated differently because the state's estate taxes are not piggybacked on the federal estate taxes. The Vermont Department of Taxes testified that the fiscal impact on the state will be negligible. Will Insurers and Employers Be Required to Offer Insurance Coverage to Parties to a Civil Union? Insurers must make available dependent coverage to parties to a civil union that is equivalent to that provided to married persons. An individual or group health insurance policy which provides coverage for a spouse or family member of the insured shall also provide the equivalent coverage for a party to a civil union. Employers are not required to provide coverage to parties to a civil union. Insurers will be required to offer equivalent coverage, but the employer then decides whether to purchase the group health insurance for its employees and which employees are eligible for the insurance. How Do You Terminate a Civil Union? If the parties to a civil union wish to terminate the civil union, they would follow the same procedures as a married couple by filing for a dissolution of the civil union in family court. The family court will have jurisdiction over all matters related to the dissolution of the civil union, including child custody and support, and property division and maintenance. Vermont currently requires a six-month residency period prior to filing for divorce. This requirement would apply in like manner to civil unions. Will the Federal Government or Other States Recognize a Vermont Civil Union? The federal Defense of Marriage Act (DOMA) specifically states that the federal government will not recognize a same-sex relationship treated like a marriage. This means that, under the current law, parties to a civil union will not be able to qualify for any of the benefits and protections contained in the 1049 federal laws affecting the spousal relationship. It is unclear whether other states will recognize civil unions. Usually states provide full faith and credit to the laws and judgments of other states. However, DOMA specifically exempts states from having to recognize a same-sex relationship treated like a marriage. Over 30 states have "mini-DOMA" laws. DOMA's constitutionality is questionable, however; states may still refuse to recognize another state's laws or judgments if they violate the public policy of the state in which recognition is sought. Who May Establish a Reciprocal Beneficiaries Relationship? Two persons who are blood-relatives or related by adoption and prohibited from establishing a civil union or marriage with one another may establish a reciprocal beneficiaries relationship. Persons must be at least 18 years old and competent to enter a contract. They may not be a party to another reciprocal beneficiaries relationship, a civil union or a marriage. Each person must consent to the relationship without force, fraud or duress. How Do You Establish a Reciprocal Beneficiaries Relationship? Two persons who meet the criteria may establish a reciprocal beneficiaries relationship by presenting a signed, notarized declaration of a reciprocal beneficiaries relationship to the commissioner of health, and paying a filing fee. What Are the Benefits and Responsibilities of a Reciprocal Beneficiaries Relationship? Reciprocal beneficiaries may receive the benefits and protections, and be subject to the responsibilities that are granted to spouses in the following specific areas: (1) Hospital visitation and medical decision-making; (2) Decision-making relating to anatomical gifts; (3) Decision-making relating to disposition of remains; (4) Durable power of attorney for health care and terminal care documents; (5) Patient's bill of rights; (6) Nursing home patient's bill of rights; and (7) Abuse prevention. How Do You Terminate a Reciprocal Beneficiaries Relationship? Either party to a reciprocal beneficiaries relationship may terminate the relationship by filing a signed, notarized declaration with the commissioner. Within 60 days of the filing of the declaration and payment of the fee, the commissioner shall issue a certificate of termination of a reciprocal beneficiaries relationship to each party of the former relationship. If a party to a reciprocal beneficiaries relationship enters into a valid civil union or a marriage, the reciprocal beneficiary relationship shall terminate. Effective Dates Information courtesy of the State of Vermont |
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