Town Clerks Tally Civil Unions Granted Locally

Author: Karen Acheson

When Vermont's civil union law went into effect on July 1, 2000, granting licenses for civil unions became a part of the job description for town clerks, who were required by law to issue civil unions to eligible gay and lesbian couples who requested them.

According to recently compiled statistics, in the last six months of 2000 the town clerks of Vermont performed more than nine civil unions per day, resulting in a total of 1, 704 civil unions authorized. Of these civil unions, 78 percent were between out-of-state residents, with the largest number of individuals coming from New York, followed by Massachusetts and California. Since 2000, over 3,000 civil unions have been legitimized.

Civil unions are issued by town clerks of the town in which one or both of the partners reside. If the couple is from out of state, any Vermont town clerk can authorize a civil union license.

The local town clerks of Addison County authorized slightly less civil unions than the statewide average. In Middlebury, Town Clerk Ann Webster has only issued one civil union since she assumed her position in November 2001.

She commented that even before her arrival the numbers were nowhere near the state average. "There haven't been very many [civil unions]. The first year we have it listed at 20 and in the year 2001 it was 15," said Webster. She also noted that of these 36 unions, "Primarily they have been women and there are a lot from out of state."

According to Jean Burnham, the town clerk in Bethel, Vt., "I don't think I had any in 2001 and I had a half dozen or so when it [the law] first came out, and I just did one about a month ago." She added, "Most of them have been out of state and then five of those were women and one couple was male and the one I just did was male."

Katherine Mikkelson, town clerk in Lincoln, Vt., cited only five civil unions in total. "I've done three female and two male civil unions. So far the only ones we've had have been from Lincoln, none are from out of town yet," she said.

According to statewide statistics, 69 percent of civil unions performed have been for female couples while only 31 percent have been for male partnerships. Although these local towns have not received volume as significant as the statewide average, with the exception of Lincoln, a majority of the requests for unions have come from out-of-state female couples, which mirrors the statewide trend.

Statewide statistics have shown that the most common range for both men and women joined in civil unions is 35 to 39 years old and only two men and five women between the ages of 18 and 20 have been partners in civil unions.

Of the civil unions granted in Lincoln, the youngest age of a partner was 35 years old. "They are not young kids jumping into it, they've been together quite a while," Mikkelson added.

In the immediate wake of the passage of the civil union law two years ago some town clerks refused to perform civil unions. Dorothy Mammen, the statewide coordinator of the Vermont Freedom to Marry Task Force at that time said, "Town clerks could, and some did, refuse to perform them." She added, "The legislation provided for town clerks to appoint an assistant to perform the civil unions if they had a religious or moral objection. That way, there would be no reason a couple could not receive a civil union."

When asked about her initial reaction to being asked to authorize civil unions, Mikkelson replied, "The same as it is now — it's wrong. But I do it because I have to, it's the law." When asked about how she felt about the five unions she has granted in Lincoln she replied, "I'm a Christian and I feel men and women should be together. Living together is one thing but when you bring in marriage. People have the right to live their lives. They have to answer to God not me."

Mikkelson emphasized that she harbored no animosity toward the people for whom she had performed unions. "They are all wonderful people and have the right to do what they want to do, but I shouldn't be made to agree with it," said Mikkelson. She is concerned, however, with the state's demand for town clerks to perform civil union. "The law says I have to say it's alright. They are forcing me to say it's okay by issuing the license."

The reactions of Burnham in Bethel and Webster in Middlebury were more indifferent to the law. "It didn't matter to me one way or the other, it's their business not mine," said Burnham. Webster said, "I certainly have no problem with it. If people were coming in for a civil union I would be pleased to do that for them."

Despite a few cases of initial misgivings, most town clerks seem to be performing civil unions rather infrequently. None of the clerks interviewed have refused to go along with state law. Mammen noted, "When push came to shove there weren't that many objections. Some who objected originally came around in time."

The Addison and Hancock town clerks could not be reached for comment, and the town clerk of Cornwall declined to be interviewed on the subject.