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Same-Sex Marriage in Vermont
Types of Same-Sex Partnerships
Various states in the U.S. recognize different types of legal unions for same-sex couples. Only a few offer marriage for same-sex couples, and most states still offer no legal recognition of same-sex unions. Others offer a variety of legal arrangements for same-sex couples which provide some (or in a few cases, nearly all) of the rights responsibilities as marriage, but go by a different name, such as “civil unions” or “domestic partnerships.”
Same-Sex Marriage in Vermont
Vermont began performing same-sex marriages in September of 2009, becoming the third U.S. state to allow same-sex marriage, and the first to do so through legislation, rather than a judicial decision.
The Governor of Vermont vetoed the bill that legalized same-sex marriage, but the legislature overrode the governor’s veto, making it law.
Accordingly, same-sex couples who are married in Vermont have the exact same rights as opposite-sex married couples.
Conflict with Federal Law
Federal law raises some problems for same-sex couples in Vermont: the Defense of Marriage Act, a federal law passed in 1996, says that the federal government cannot recognize same-sex marriages, even if they are valid in your state.
Accordingly, couples in same-sex marriages are treated as single for the purpose of many federal benefits that are dependent on marriage, such as filing joint income tax returns, receiving social security pensions, and spousal benefits for federal employees, among others. Furthermore, entering a legally binding same-sex relationship triggers the military’s “don’t ask, don’t tell” policy, which could result in a discharge from the military.
Do I Need an Attorney?
The situation involving same-sex marriage in the U.S. is complex, and in a state of flux. Therefore, if you are in a same-sex marriage in Vermont, or are thinking about getting married, and are unsure about the rights it affords to you and your partner, you should consult with an experienced family law attorney in Vermont.
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