Two Years Gone, Civil Unions Battle Continues

Author: Meghan Michelson

On April 26, 2000, Vermont legislators and Governor Howard Dean passed a law permitting eligible gay and lesbian couples to join in civil union, thus giving them similar rights, responsibilities and protections to those that heterosexuals couples gain through marriage.

The controversy surrounding this law affected Vermont on a political and cultural level, and the debate caused a penetrating divide between Vermonters which has left permanent scars on Vermont's political landcape. The backlash following the passage of the law was severe, undermining the friendly atmosphere that once defined the seemingly homogenous state.

Exactly two years have gone by since the civil union law was passed, dividing the state along political, religious and moral lines. For the most part, the opposition has taken a step down and come to accept the fact that civil unions are now a fixture of Vermont politics. However, several opposing voices remain, activists who have chosen to persist in their struggle against civil unions and the advancement of gay and lesbian marriage rights.

An effort to repeal the civil union law and replace it with a broader system of reciprocal partnerships in May 2001, for example, was ultimately avoided, yet conflict continues to exist in public and private spheres.

The most visible antagonist to civil unions, and one who does not accurately represent all of those in opposition, is Rev. David Stertzbach, leader of the Vermont Defense of Marriage Committee. Stertzbach condemns gay and lesbian unions of any kind and has written letters demanding that Republican lawmakers continue to push for the repeal of the civil union law. In a letter sent to all state House and Senate members early this month, Stertzbach wrote, "This is an issue of no compromise for me. Civil union was a moral Sept. 11 for both major parties. I will not go back to the 'partisan politics as usual' that left us unprepared for this disaster."

Stertzbach continues to oppose civil unions despite the less than positive response from Republicans. In an April 4 article in The Rutland Herald, Republican Representative Patricia O'Donnell of Vernon, Vt., stated, "He [Stertzbach] doesn't represent Republicans. Somebody like that is dangerous. I think the more fanatical people like him get, the more the public stops listening to them."

Euan Bear, editor of Out in the Mountains, a Vermont newspaper that addresses gay, lesbian and bisexual issues, responded to the hostile actions of Stertzbach. "I think he is entitled to his opinion, but I object when he is trying to cram his theology down my throat. When it interferes with my civil rights, I object doubly," she said.

Bear, who was united in a civil union with her partner of 21 years in August 2000, has remained personally and professionally unaffected by any backlash stemming from the civil union controversy. "I have had a civil union and I did not experience any personal backlash, and I'm not aware of any backlash to the newspaper, although I was not working here at the time the law passed," she said.

Out in the Mountains continues to be a strong supporter of civil unions, although Bear emphasized that the struggle for gay and lesbian equal marriage rights is only one issue of many that they face. "We're a newspaper, not lobbyists. We're happy to report on the issue of civil unions and we're happy to support all moves to equality, but civil unions are by no means our only issue," said Bear.

Several lawmakers continue to remain adamantly opposed to civil unions, but for the most part they have come to terms with the state's majority rule to keep civil unions in place. One such lawmaker is Representative Loren Shaw of Derby, Vt. "I believe that homosexuals have a right to life as well as you and I, and without hassle. They are God's children. I don't have anything against these people. In fact, for the most part I find them very pleasant. I just don't want them to ram their belief down my throat, or try to make me think that it's morally okay. I, however, think that it is between God and them, a personal thing," stated Shaw.

Shaw is opposed to civil unions partly for the distinction that the law creates between homosexuals and heterosexuals. "The lawmakers really messed up with the civil union law, and they have separated the homosexuals apart from the rest of the state, and this is a shame. These folks have as much right in this state as I, of course with the civil union they now have more rights, special rights at that. I have always opposed civil union for this reason," Shaw said.

After representing the plaintiffs before the State Supreme Court, Attorney Susan Murray of the law firm of Langrock, Sperry and Wool in Middlebury remains active in supporting pro-civil union candidates for the state legislation.

"We're still working on lobbying. I'm fully prepared to go on continuing to support pro-civil union candidates in the upcoming campaign," said Murray. She commented on the reoccurring presence of civil unions, an issue that has dominated her career for the last seven years, but also the general public's acceptance of the once and still controversial law. "Civil unions are still an issue, but not so much in my everyday life as they used to be. The vast majority of Vermonters have realized that their lives are not at all changed by the passage of the civil union law. It has made life better for gays and lesbians and their families, but it has not affected non-gay people," said Murray.

In contrast to Murray and fellow pro-civil union lobbyists, groups like the National Christian Coalition are still working to gain more anti-civil union influence in the state legislature. "We are still opposed to civil unions. Realistically, now what we're focusing on is getting conservative candidates who oppose civil union elected in the state," said Keith Mauck, the national youth director of the Christian Coalition.

Although opposition continues to exist, the majority of it has died down since the more heated battles of the legislative process. What the future holds regarding the progression or regression of civil unions and same-sex marriage rights is unseen, but it is impossible for Vermonters to forget the deeply rooted moral divide that occurred at this time two years ago.

In reference to these days Murray commented, "It was very ugly in Vermont two years ago. Vermonters like to think of the state as a friendly place, but at that time, it certainly wasn't."