BP      Jack McCullough      JulieWaters      kestrel9000      Maggie Gundersen      Sue Prent 

Vermont Freedom to Marry

by: brobinson

Thu Aug 30, 2007 at 18:57:57 PM EDT


(Beth Robinson, for those who may not know, was "co-counsel to the plaintiffs in Baker v. State, Vermont's landmark case involving the rights of same-sex couples, and she helped lead the lobbying effort which led to the passage of Vermont's civil union law." (from her firm's website) - promoted by odum)

When Gaye Symington and Peter Shumlin launched a blue ribbon commission to study Vermont’s marriage laws, I expected opposition from gay-rights opponents.  I wasn’t prepared for the push-back from some on the left, wrongly assuming that the broader progressive community would appreciate both the moral rightness and the political wisdom of Symington’s and Shumlin’s actions.  As leader of Vermont Freedom to Marry, I take personal responsibility for failing to lay the groundwork within this community.  I hope you’ll indulge me now.

 
brobinson :: Vermont Freedom to Marry

Symington and Shumlin didn’t pull this issue out of thin air.  Freedom-to-marry advocates have stepped up our advocacy considerably in the past couple of years, and have been pressing them hard.  Recognizing that it wasn’t right to back-burner an important civil rights issue indefinitely, but understandably cautious about their broader legislative agenda, these leaders chose a path that would nudge our struggle forward by facilitating a public conversation, while keeping it outside of the statehouse for the balance of this biennium.  They made it clear that the Legislature would not be taking up the issue in 2008, but agreed to set in motion a grassroots-level process that would provide a forum for Vermonters to discuss the issue.  It was really a modest, though critically important step.

 

Civil Rights Are Important 

I’ve been most surprised by the suggestion by some on the left (many of whom claim to support same-sex marriage, and most of whom enjoy (and have exercised) their own legal right to marry) that even a volunteer commission with no power to take any action is too much attention to devote to considering our exclusionary marriage laws.  This notion is shocking.  They may just be focusing narrowly on the trees, ignoring the forest that many progressive visionaries usually understand.  The freedom to marry issue in Vermont is not just about moving us closer to securing for same-sex couples all the vital family protections that our heterosexual counterparts take for granted.  It’s not just about making the dignity and history of civil marriage available to same-sex couples who choose it.  It’s not even just about committed same-sex couples who want to marry.  Rather, it’s an essential component of a broader civil rights movement. 

The NAACP didn’t take on the unpopular cause of eliminating the ban on interracial marriage in the 1960s because interracial couples were lining up in droves to marry.  Nor did the NAACP focus on interracial marriage primarily because they were concerned about health insurance or social security survivor benefits for interracial couples.  They tackled the issue because they understood the power of our marriage laws to perpetuate and reinforce racial division.  They understood that a successful civil rights movement must tackle all the central spheres of our collective lives—including commerce (Civil Rights Act ), political access (Voting Rights Act), education (Brown v. Board), and laws regulating marriage and family—like the ban on interracial marriage (Loving v. Virginia). 

The main civil rights struggle of this generation involves gay, lesbian, bisexual and transgender (glbt) Americans.  And, once again, all the pieces are connected.  What we can do here in Vermont to help the effeminate kid in Kentucky who has no legal protection from homophobic bullying on the playground, or the employee in South Dakota who’s at risk of losing his job because he’s gay, or the lesbian mother in Georgia fearful of losing custody of her child if she comes out, is to continue to lead.  Vermont has the opportunity, and responsibility, to make a critical difference by doing what we can to push the envelope of this civil rights movement to it’s necessary conclusion:  genuinely equal rights for glbt citizens.  It’s our contribution to the pressing civil rights movement of our time. 

The Commission Is Politically Wise 

 

Symington and Shumlin’s creation of a commission wasn’t just the right thing to do; it was a politically wise thing to do.  They created a way to move the conversation along in Vermont’s communities without spending a single tax dollar and without diverting any legislative time.  The alternative would have seen freedom to marry advocates back in the Statehouse next year pressing for action—a much more distracting scenario.

 

Those who suggest that the commission plays into the hands of Symington’s and Shumlin’s political rivals forget just how much times have changed since 2000.  We’re bordered on two sides by jurisdictions in which same-sex couples can marry.  Opposition to Vermont’s civil union law has receded to a small, albeit vocal minority.  Most Vermonters aren’t bothered if the two men or two women who live next door make a lifetime commitment to one another, and they’re fine with the law treating their neighbors as equals.  That’s not to say that we won’t face opposition, but most Vermonters—including a strong majority of self-identified independents-- believe that same-sex couples should be allowed to legally marry.  And many Vermonters are committed to working hard to support political leaders who support our civil rights— far from detracting from other issues, the conversation about the freedom to marry has the potential to strengthen and broaden a progressive coalition in this state.

 

The beauty of the commission and the incremental approach that it represents is that it will enable all of us to see where the opposition is coming from, and how strong it is, as well as where most Vermonters are.  Many peoples’ reactions to the resurgence of the issue are grounded in conventional wisdom based on events from seven years ago.  The commission process, and the public reaction to it, will give us all a better picture of where Vermont is today as we consider our options moving forward.

The Time Is Right 

Some folks have criticized the timing of the commission-- another way of asserting that the issue isn’t important, or the politics are disadvantageous.  For those who fear the politics of the issue so much that they don’t want to even restart the conversation, or those who don’t value the civil rights advance we seek, the time will never seem right.  There will always be a legislative majority or super-majority to build or protect, there will always be an incumbent Governor to protect or oust (or perhaps an open seat), and there will always be an election on the horizon.

 

Let’s Work Together

 

I hope we can work together as part of a broader progressive agenda.  Freedom to marry advocates are Vermonters, too.  We care about the environment, health care, education, energy, taxes, and the quality of life here in Vermont.  We see the marriage commission, and the conversation it will engender, as reinforcing these values.  What will undermine all of our collective goals is if we splinter and divide, or if we misdirect our frustration with a Governor who doesn’t share many of our values toward Democratic leaders who trying to do the right thing, and the wise thing.

 

Thanks for reading!

 

Tags: (All Tags)
Print Friendly View Send As Email
Amen (4.00 / 1)
I got nothing else to add, so... amen.

Musician, Web Designer, Photographer

Excellent (4.00 / 1)
Thanks for posting Beth. I know exactly what you're talking about in regards to those certain people on the left who question the political timing of this - I'm one of them, but let me try to add some perspective...

At least for me, when this came up, it was right after a series of failures by the Dem legislature.. the campaign finance veto, the impeachment failure, and biggest of all, the energy bill. Now, I agree, civil rights shouldn't have to wait. My concern was that this legislature can barely chew gum and walk  at the same time, and it would have been nice to have some sort of victory before taking on yet another thing that, given the results of this last legislature, I'm not sure they'll be able to deliver on, either.

Thanks again for posting here and don't hesitate to post whenever you have any new information regarding this important matter.

You can read JD's latest at five before chaos. But why would you do something silly like that?


JD (4.00 / 1)
I could not agree more with JD. He was correct in his original reaction and continues to be. Great idea, wrong time, wrong way, wrong sponsors
Yoda

Great Idea, Wrong Time (4.00 / 1)
When do you think it's the right time to have a small group of people ask questions about civil rights?

Musician, Web Designer, Photographer

[ Parent ]
Monday morning quarterbacking about the Legislature (0.00 / 0)
Beth is exactly right.  I am so tired of the simplistic response that this is the Legislature wasting time on a non-issue (a line most surprisingly being beaten to death by Peter Freyne.)

This approach uses NO legislative time, requires no legislative hearings or floor action in this biennium.

As for the arguments above that this is tactically a bad political move, could we stop parroting Jim Douglas and the Republican line and actually give some support to the legislative Dems?  Can it be that issues are more complex,  that the stakes (mostly economic) are higher, money tighter, and simple solutions non-existent?  Could it also be that we have a Governor whose only platform is running against the Legislature, thus making it in his interest to constantly position them as "do-nothing"?

I personally think all of those who dismiss the work of the legislature in such black and white terms should run themselves.  I am serious about this -- I would love to see Odum or Ryan or DeWalt in the Legislature, fighting to actually get something done.  Go for it, please, and help move the battle forward instead of carping and wringing your hands from the sidelines.

Meanwhile, congrats to Shumlin and Symington for indeed beginning the conversation about the inevitable and just -- full marriage and equal rights for gay Vermonters.  Thanks Beth for staying with the fight -- you go, girl!


For the record... (0.00 / 0)
...I expressed abject dizziness, but was all for this when it was announced:

The kneejerk response is to go the route that Freyne did - outright mockery, but I think that would be a mistake.

The criticism of the Legislative leadership is that they've been wimps. Capitulators. That they strategize and compromise in such a way that takes their base for granted. Both Symington and Shumlin have endured much justifiable and appropriate criticism on their rejection out of hand of this very issue last session.

So now, here thay are. Taking a divisive, high-profile, risky - but morally correct position. Maybe it's bad strategy. Maybe it's a crass attempt to shore up the base. Maybe they've just gone a little crazy.

But at the end of the day, who gives a shit? It's the right thing to do and they're doing it. End of story.


Try to hold in your now-routine, personal loathing of this site and folks in it "skeptic" - at least long enough to check your facts next time.

Nullius perfectus est

[ Parent ]
???? (0.00 / 0)
Personal loathing?  Check the facts?  I thought that was a pretty positive post, actually.  One that might spur thoughtful, productive discussion.  And I didn't challenge any of your facts, simply suggested that the issues of legislative success are not black and white.

Why are you so sensitive about views about which you don't agree?  Don't you want people to come to this site?  Don't you want it to be a forum?  Or do you just want the same old, same old people repeating each other's arguments ad infinitum?

Take me off your list, please.  I don't want to offend your sensibilities again.


[ Parent ]
For the record 2 (0.00 / 0)
Take me off your list, please.  I don't want to offend your sensibilities again.

I'm not sure I understand what "list" - are you asking for your GMD user account to be deleted?

Nullius perfectus est


[ Parent ]
Yes, please (0.00 / 0)
Yes, delete the user account.

To roughly quote Bob Dylan:

"I ain't saying you treated me unkind, you just kinda wasted my precious time.  But don't think twice, it's all right."


[ Parent ]
No prob. (0.00 / 0)
Youre all set.

Nullius perfectus est

[ Parent ]
geezuz, odum... (0.00 / 0)
What's up?  The guy suggested you run for legislature.  Sometimes tone doesn't come across in a blog too well.  Maybe you've been beat up so much you don't see a compliment at face value.

Nate Freeman

Nate Freeman

Northfield, VT

natefreeman@gmail.com


[ Parent ]
no doubt he meant... (0.00 / 0)
..."carping and wringing your hands from the sidelines"in a nice way.

But seriously, all the guy has ever done is come here and insult me and other front pagers (not to mention the fact that his IP addresses would seem to give him away as a returning usual suspect troll). I don't know why people bother. If the posters here bug you so much, just go to another website.

One thing I don't ever want to see is this place get as nasty as the comments at a place like vtbuzz are. Like all netroots sites, this is supposed to be a community of like minded people informing each other and finding opportunities to stay active. There seems to be a steady supply of people who feel the need to throw crap at people anonymously, but fly into a tizzy if anybody pushes back - as though any response to an ad hominem attack they throw out that is anything other than "yeah - stick it to those GMD folks" is somehow an infringement on their inalienable human rights. It's tiresome, and the one thing I'll say about "skeptic" (over his previous incarnations) is at least he had the wherewithall to leave (although I dont know why he had to have me eliminate his user - I guess the pull to come in here and berate people for their unpopular opinions is just too strong for him to resist on his own).

Nullius perfectus est


[ Parent ]
Got it. (0.00 / 0)
I didn't know the backstory, so it was as your wife mentioned.  Freyneland and VTBuzz are plagued with anonymous trolls, creating what one might call "meta-blogs" beneath the original post.  Even at that level of subversion, it becomes same-old, same-old after a while.

From my end, please accept that I don't always appreciate or grasp all of the crap the goes along with the job.  I guess I knee-jerked in defense of free speech at the bottom of a flame, when I might have just as well gone on to the next read.

Best,
Nate

Nate Freeman

Northfield, VT

natefreeman@gmail.com


[ Parent ]
on the other hand... (0.00 / 0)
...my wife informs me that this looks way over the top to anyone who doesn't know the history with this poster (and yeah, his history as "skeptic" isn't too pleasant, but there's a much deeper trolling history there involving sock puppets on the site).

SO I apologize to all for my over-the-top display. Aside from this little thread of comments, I'm actually enjoying this diary and the whole back-and-forth herein quite a bit. And I will take your suggestion that I'm perhaps getting overly sensitized to being so frequently beat up under serious consideration... I promise.

Nullius perfectus est


[ Parent ]
Gay Marriage in the Heartland (4.00 / 1)
Interestingly, a federal court in Iowa just endorsed gay marriage. Not civil unions, not the rights that go along with marriage - gay marriage. If the heartland sees the wisdom in this, why not Vermont.

The law describing marriage as between a man and a woman, "constitutes the most intrusive means by the state to regulate marriage. This statute is an absolute prohibition on the ability of gay and lesbian individuals to marry a person of their choosing," the judge wrote.

Obviously, the Supreme Court there will have a lot to say about this, but it's a start.

For those who suggest letting sleeping dogs lie with respect to this issue because "civil unions" accords "all the rights and responsibilities" of marriage under Vermont law I suggest to you that it is a difference without a distinction. So, if we're really just arguing about semantics where is the harm in moving forward and simply calling legally sanctioned gay and lesbian marriages what they really are: marriages.

Thanks for the post, Beth.


Timing (4.00 / 1)
Thanks, Chris.  You're right that the timing of the launch relative to the veto session wasn't ideal--  leadership didn't have the luxury of picking a "perfect" date for the launch.  Seems like there's alway something . . .  The reality was that they both have jobs and lives, and it was the only date for a nearly two-month window that Gaye and Peter were going to be able to coordinate.  (It's striking that our system balances citizen legislators who are paid a pittance and have to have other jobs most of the year against a full-time Governor.)

I wish your suggested approach-- just pass a bill as if it were the no-brainer that it should be-- had been feasible.  Would've been my top choice, too.  The reality is, there are too many legislators who are anxious about the politics of the issue to just walk in and do it.  Trust me, I know.  Short of waiting a decade, which isn't an option from my perspective, we needed to find a way to elevate the issue outside of the Statehouse, in part to demonstrate how much times have changed.  This commission will give us the opportunity to do just that.  And at the same time, it will give us a chance to make an impression on the Governor.  Give it a chance.  I think (hope) that a year from now you'll agree it was a helpful step . . . .  Thanks.


[ Parent ]
Oops- I'm a newbie (0.00 / 0)
Sorry-- I didn't get the layout, and my comment was actually responding to clar-z.  --

[ Parent ]
timing is everything (4.00 / 1)
Nice post Beth. I am one of the folks who complained that the timing and the approach on this was (and is) not very well thought-out. JD is right about the announcement coming out right after a big "failure" and in my view it positioned the issue as one more battle of sorts. A better approach, IMHO, would be to simply introduce legislation, keep it very simple and act as if it is a no-brainer. Fair is Fair, right is right, equal is equal, Vermonters  of all persuasions can agree that all of us should have the same rights. Period. End of story. Why make it so controversial? I think gay marriage legislation will pass easily. Some people will have a fit, but we don't need to give them more reason or provide them with another forum. Everyone's voice can be heard without a "blue ribbon" commission. So, I hold by my original reaction and stance, which is that this was not a smart move at all. Now, it is too late to fix it. Too bad. 

If I might add... (4.00 / 1)
... to the fray, there's something to be said for losing battles.  While you may lose this one, the other side must again put their distasteful and increasingly unpopular position forward.

Here's what Craig Benson (does anyone know what his doctorate is for?), head of the anti-gay organization, Take It To The People, says in his 2007 Legislative Update:

"The 2006 elections placed control of the Vermont House and Senate firmly in the hands of the Democrats. The original position of Democrat leadership is full support of Civil Unions while also stating support of Traditional Marriage. However, a coalition of Progressives, far left Democrats and "moderate" Republicans has introduced identical bills to legalize homosexual marriage into the House and Senate.

  There are two big political questions pertinent to whether or not this bill advances: (1) do House and Senate leaders want to risk reopening a painful and divisive debate which could well give the GOP a powerful campaign issue for 2008, and (2) are there sufficient votes in the House to either override or sustain a veto from Governor Jim Douglas?

  We are presently working to ensure that the debate is not reopened and that there are sufficient votes in the House to strongly support a veto.

  The 2007 defeat in the House of the "Physician Assisted Suicide" bill (63 Yes; 82 No) suggests that a veto could be sustained and that the House has little interest in pursuing "hot button" social issues.

  Since the 2007 session has adjourned, the General Assembly reconvened for a one day session on July 11 to attempt overrides of two vetoes from Gov. Douglas. The votes showed that the Gov. and the GOP caucus could sustain any veto during the 2008 season."

Note that Benson's analysis seems to be presuming a Douglas veto again on civil rights legislation.  Is that such a sure thing?  Douglas took something of a hit for having become the first Vermont governor to have blocked legislation extending civil rights protections to Vermonters with his veto of the 2006 Nondiscrimination Bill.  He later signed what was essentially the same bill despite being called upon by those same anti-gay groups to repeat his veto.  It was also revealed in 2006 that Douglas had once said, "I'm not sure there is segregation."  Even the clowns remaining at SVR haven't said something as dumb as that.

There may be something more here to maintain beyond a consistent adherence to principle or a sense of proper timing.  Perhaps each of those points can still be addressed while remembering that Douglas has long had a tin ear when it comes to civil rights.

Douglas has played on the Legislature's propensity for premature capitulation repeatedly and has turned doing so into a fine art.  The commission's work will give Douglas time to consider how firmly he wants to grab for himself the mantle of being Vermont's anti-civil rights governor, and the Dems and progressives are going to need everything they can get on him if they hope to unseat him.

If this particular battle for marriage equality might be lost this time, that doesn't mean that there aren't benefits to be had and I don't think even Douglas now believes that the anti-gay forces are going to prevail in the war for marriage equality in Vermont.


Publisher: odum
Contributing Editors:

Caoimhin Laochdha
greenvtster
JDRyan
mataliandy
NanuqFC







GMD Links
Vermont Daily Briefing
Rational Resistance
VT News Guy
VT Digger
Minor Heresies
What's the Point?
Vermont Yankee, evacuation plans, & more
Mulish Behavior
Political Animal (with Steve Benen)
Reason and Brimstone
Blazing Indiscretions
sneigwh
Dohiyi Mir
Blier Watch
five before chaos
Blue Hampshire
Blue News Tribune
Burlington Pol
Norsehorse
Rip & Read
Integral Psychosis
VT Secession
She's Right (conservative)
VT Bloggernaut
Morgan's Gov. race blog
Bureaucracy Blog
Austanspace

National

Congress Matters
Daily Kos
Open Left
BlogPac
Talking Points Memo
My Left Wing
MyDD
Docudharma
Glenn Greenwald
Firedoglake
Atrios (Eschaton)
Think Progress
Driftglass
Pam's House Blend
Hullabaloo (Digby)
The Plum Line (Sargent)

Legacy Media Blogs

Vermont View
vt buzz
Blurt (7 Days)

Non-political

Candleblog
iBrattleboro
WKVT 1490 AM
Vermont Mornings
False 45th
Bosox Wally

International

The Irish Independent
Comment is free...(Guardian UK)
Al Jazeera
Pulse Media
Global Voices
All Voices
Vermonters for a Just Peace in Israel/Palestine
About GMD   Contact Us

Make a New Account

Username:

Password:



Forget your username or password?

Search




Advanced Search


Active Users
Currently 8 user(s) logged on.

    follow the 50SBN on Twitter




    Specialized Feeds:

    Google Reader or Homepage
    Add to My Yahoo!
    Subscribe with Bloglines
    Subscribe in NewsGator Online

    Add to My AOL
    Subscribe in Rojo
    R|Mail
    Add to Technorati Favorites!


    RSS FEED





    Powered by: SoapBlox