By Andrew Kuzmin
Staff Writer

Judith  got in her car and made her way to the dump. She had a car-load of trash that needed to be taken out. As she drove down the road, a flock of birds became interested in the garbage she was hauling. The birds dove down on the car and began to feverishly swoop around the waste. Judith, startled by the birds, lost control of her vehicle, veered off the road and was killed in the accident.

Judith’s partner, Christina, didn't bother to file for Social Security benefits after the tragedy because she knew her request would be denied, because they were entered in a civil union, not married. Judith and Christina’s infant, Trevor, was also denied Social Security benefits because Christina, not Judith, is his biological mother.

This is only one of the many civil union cases that Beth Robinson has dealt with in her time as an attorney in Vermont. While civil unions may provide some of the benefits of marriage, they’re not the same, she says. 

Vermont on the vanguard

With the passage of Proposition 8 in California, which amended the state’s constitution to ban gay marriage, as well as similar amendments in Florida and Arizona, the debate over same-sex marriage has been reignited. 

Robinson, who is also the board chair of Vermont Freedom to Marry, played a critical role in advocating for civil unions in 2000, which made Vermont the first state to legally recognize the civil union of same-sex couples.

“Vermont is a leader in civil rights,” she says, “and its core issues are about families.”

On Nov. 15, Vermont Freedom to Marry held a peaceful demonstration outside Burlington City Hall to show solidarity with California same-sex couples, thank the state of Vermont for being at the forefront of civil rights, and to persuade the state legislature that now is the time to take the next step and grant same-sex couples the right to marry, Robinson says.

The demonstration was both respectful and nonviolent, but the demonstrators were firm with their message, she says.

“We’ve been put on the back burner for eight years,” she says, “and now continued attempts to put us on the back burner are just excuses.”

Right now, Robinson and Vermont Freedom to Marry are urging Vermont legislators to consider their case seriously, she says.

Some people argue that civil unions give same-sex couples as much legal protection as heterosexual, married couples.  Judith and Christina’s tragedy demonstrates that this is not the case.  

Currently, there is a federal law that allows Vermont companies to provide health insurance to same-sex couples married in other states, but does not allow them to provide insurance to couples with a civil union in Vermont, Robinson says.

“To put health insurance out of reach for some people is unacceptable,” she says.

With so many obstacles still present in this ever-changing issue, Robinson believes that Vermonters are ready to take the next step towards legalizing gay marriage, she says.

“We think now is the time,” Robinson says.

Starting now through Jan. 31, Vermont Freedom to Marry is asking for public support to help raise $50,000 for marriage equality rights.

The Freedom to Marry Drive is the organization's first fund-raising attempt, says Robyn Maguire, field director of Vermont Freedom to Marry.

“We just had a meeting recently,” she says, “and everyone is very excited for our first attempt.”

The money raised from the drive will go directly to the organization to help provide support and same-sex marriage education for the entire state of Vermont, Maguire says.

“We are trying to cover the whole state,” she says.

Donations to the Freedom to Marry Drive can be made online.

Securing same-sex marraige across New England

While Vermont Freedom to Marry is working to legalize same-sex marriage in Vermont, Gay and Lesbian Advocates and Defenders (GLAD) is committed to legalizing same-sex marriage in all six New England states.

On the fifth anniversary of Massachusetts’ legalization of same-sex marriage, GLAD announced its 6x12 Campaign.  The campaign aims to legalize same-sex marriage in all six New England states by the year 2012, according to a Nov. 18 GLAD press release.

In the short term, GLAD hopes to raise awareness about gay and lesbian families and their children in all New England states, says Carissa Cunningham, director of public affairs and education at GLAD.

“We want to make the families more visible and educate people on why marriage is important to them,” she says.

In addition to raising awareness, GLAD is working with New England states to gain public and legislative support for their cause, Cunningham says. 

When GLAD introduced the 6x12 Campaign a few weeks ago, the response was overwhelmingly positive, Cunningham says.

“It is sort of like a shot in the arm for marriage equality,” she says. “After [the banning of same-sex marriage in] California, we hope to move forward and raise the profile of the issues.”

Different rights in different states

While California voters recently decided to ban same-sex marriage, the Connecticut Supreme Court legalized it. The response within the GLAD organization has been “tremendously exciting and joyful,” Cunningham says.

“It’s a great source of happiness to see people getting married,” she says. “Same-sex couples are finally able to publicly commit after being together for years.”

While Massachusetts and Connecticut have begun same-sex marriage, not every state is ready for a change, Cunningham says.

In Rhode Island, Gov. Donald L. Carcieri has publicly stated that he will not sign a marriage bill, Cunningham says. In response, GLAD is working in Rhode Island to gain legislative and public support in anticipation of a new governor, as well as educating the public.

In Vermont, things are “a little closer,” thanks to the efforts of Beth Robinson and Vermont Freedom to Marry, she says.

Since Vermont was the first state to have civil unions, its residents have had about eight years to digest that now, especially with what people have seen in Massachusetts and Connecticut, she says.

While there are high hopes of success, there are always going to be opposing views and fears, Cunningham says. 

“Whenever we talk about this issue,” Cunningham says, “there is always a certain fear of change among the public and politicians.”

“We think [the 6x12 Campaign] is attainable,” Cunningham says. If the desired change does not occur by 2012, “it will be very close to that,” she adds.