Today In History, 2009: Vermont’s Marriage Equality Law Goes Into Effect

Jim Burroway

September 1st, 2016

Bill Slimback and Bob Sullivan were married in one of a handful of midnight weddings in Vermont.

Bill Slimback and Bob Sullivan were married in one of a handful of midnight weddings in Vermont.

In 2000, Vermont made history when it became the first state in the U.S. to recognize same-sex marriages through a civil union law that was signed by Gov. Howard Dean. That first law came about after the Vermont Supreme Court ruled that same-sex couples were entitled to “the same benefits and protections afforded by Vermont law to married opposite-sex couples,” but the court stopped short of requiring the legislature provide marriage equality. Mary Bonauto, one of the lawyers who represented the couples suing the state, found the ruling strange. “They had this beautiful language in there about the humanity of gay people, but I couldn’t believe they had done something that I thought was a political judgment. I had never heard of segregating the word marriage from its rights and protections.”

Map, US, Marriage Timeline, Sept 1, 2009

Click to enlarge.

But for the next three years, civil unions were the best that same-sex couples could expect in the U.S., and Vermont was the only place they could get it until the Massachusetts Supreme Court ordered that state’s legislature to provide same-sex marriages in 2003. For the remainder of the decade, a number of states instituted domestic partnerships, civil unions, and full-on marriages, while Vermont went along with its civil unions.

Things changed in 2009, when the state Senate approved a marriage equality bill in a lopsided 26-4 vote, which drew a veto threat from Gov. Jim Douglas (R). The House approved the bill a week later in a vote that fell just shy of a veto-proof majority. But at least two of the Democratic House members who voted against the bill announced that they would switch their vote if the Governor vetoed the legislation. Douglas vetoed the bill, as promised. The Senate sailed through its override vote the next day, and the House followed through with the minimum 100-49 vote needed to reach the magic two-thirds mark. When law went into effect on September 1, Vermont became the fourth state to provide marriage equality for same-sex couples (New Hampshire’s law wouldn’t go into effect until the following January), and the first state to do it without being ordered to do so by a court.

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