Same-sex marriage in Vermont began on September 1, 2009. Vermont was the first state to introduce civil unions in July 2000, and the first state to introduce same-sex marriage by enacting a statute without being required to do so by a court decision.
On February 9, 2007, bill H275 was introduced to allow marriage for same sex couples[ and on July 25, 2007, Democratic House and Senate leaders in the state legislature announced the creation of a committee to study the issue of same-sex marriage. The committee reported in April 2008 but declined to make a recommendation. A bill that would allow same-sex couples to marry was introduced February 6, 2009.
On March 20, 2009 the Senate Judiciary Committee unanimously recommended implementation of same-sex marriage, and the measure passed the State Senate on March 23, on a 26–4 vote. However, Governor Jim Douglas publicly announced his intention to veto the bill two days later on March 25.
On April 1, 2009, the judiciary committee of the Vermont House of Representatives passed the bill 8–2 and sent the bill to the full House with several amendments. On April 3, the House passed the bill 95–52, five votes shy of a veto-proof majority.
On April 6, 2009, the Vermont Senate approved the amendments made by the House. The Senate then immediately presented the amended bill to the governor, after which he immediately vetoed the bill.
On April 7, 2009, the veto was overridden by the Senate 23–5, and by the House 100–49, making it the first time since 1990 that a Vermont governor’s veto was overridden. The law went into effect on September 1, 2009.
OFFICIANTS
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18 V.S.A. § 5144. Persons authorized to solemnize marriage
Chapter 105: MARRIAGE RECORDS AND LICENSES
18 V.S.A. § 5144. Persons authorized to solemnize marriage
§ 5144. Persons authorized to solemnize marriage
(a) Marriages may be solemnized by a supreme court justice, a superior judge, a judge of probate, an assistant judge, a justice of the peace, a magistrate, an individual who has registered as an officiant with the Vermont secretary of state pursuant to section 5144a of this title, a member of the clergy residing in this state and ordained or licensed, or otherwise regularly authorized thereunto by the published laws or discipline of the general conference, convention, or other authority of his or her faith or denomination, or by such a clergy person residing in an adjoining state or country, whose parish, church, temple, mosque, or other religious organization lies wholly or in part in this state, or by a member of the clergy residing in some other state of the United States or in the Dominion of Canada, provided he or she has first secured from the probate division of the superior court in the unit within which the marriage is to be solemnized a special authorization, authorizing him or her to certify the marriage if the probate judge determines that the circumstances make the special authorization desirable. Marriage among the Friends or Quakers, the Christadelphian Ecclesia, and the Baha’i Faith may be solemnized in the manner heretofore used in such societies.
(b) This section does not require a member of the clergy authorized to solemnize a marriage as set forth in subsection (a) of this section, nor societies of Friends or Quakers, the Christadelphian Ecclesia, or the Baha’i Faith to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action.
(Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1971, No. 22, eff. March 23, 1971; 1975, No. 1; 1979, No. 142 (Adj. Sess.), § 26; 1981, No. 113 (Adj. Sess.); 1999, No. 91 (Adj. Sess.), § 28; 2007, No. 148 (Adj. Sess.), § 1; 2009, No. 3, § 9, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 147.)
§ 5144a. TEMPORARY OFFICIANT FOR MARRIAGES
(a) By registering with the secretary of state, an individual may temporarily be authorized to solemnize a marriage in this state. When registering, the individual shall provide:
(1) A completed registration form provided by the secretary of state.
(2) A $100.00 fee.
(b) Upon registration as a temporary officiant, the individual shall be authorized to solemnize only the marriage designated on the registration form, and shall receive proof of that authority from the secretary of state. The individual’s authority to solemnize that marriage shall expire at the same time as the corresponding license.