GAY MARRIAGE? : Vermont Must Decide

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On December 21, 1999, the eve of the shortest day of the year, the Vermont Supreme Court handed down a ruling on the vexed matter of "gay marriage." Whether that ruling will cast as short a light on this issue as the winter solstice remains to be seen. The court rejected the claim of the gay plaintiffs that denying them a marriage license was a violation of Vermont law. On the other hand, it granted that same-sex couples were entitled to all the civil benefits extended to married households. Legislation to affirm these entitlements was left to the Vermont legislature. Whether one would encompass this protection under the label of "marriage"or under some category such as "domestic partnership"was not best decided by judicial fiat.

The ruling has been hailed and condemned by both sides of the gay-marriage issue. Gay advocates were gratified by the recognition of equal benefits but vowed to press for recognition of gay marriage. The Catholic bishop of Burlington, Kenneth Angell, regretted the ruling but took comfort in the fact that the court had not legalized gay marriage. Where does the Vermont ruling leave the national debate on gay marriage? I believe that the majority …