Out In The Mountains : News - Commission: Few Bumps in CU Implementation

MONTPELIER—Despite the political turmoil stirred up by the passage of Vermont’s legal recognition of same-sex couples, Act 91 seems to have caused little trouble for its administrative agencies.

The committee overseeing the law’s implementation convened for the first time on Oct. 4 for testimony from several state agencies. While the Banking, Insurance, Securities, and Health Care Administration is still working to meet the Jan. 1, 2001, effective date for its portion of the act, the Department of Health and the Secretary of State reported few problems and little additional work for employees.

According to Bill Apao, director of health statistics for the Department of Health, beyond the challenge of getting the system up and running in less than three months, there has been little increase in workload and minimal cost for his agency.

As of Sept. 30, 769 certified civil unions were reported to Apao’s office. Two-thirds of those couples are female, and the median age of individuals joined in civil union is 40. This compares to 31 as the median age for couples getting married in the state.

Seventy-five percent of civil unions certified by Sept. 30 were for couples living outside Vermont. People from 46 states, the District of Columbia, Canada, and seven other countries have traveled to the state for civil unions, in spite of the likelihood that their new status will not be recognized when they return home.

New York residents represent 101 of the unions certified to date, second only to Vermonters. They are followed in number by couples from Massachusetts (63), California (50), and Florida (42). Only Mississippi, Montana, North Dakota, and Wyoming are not represented so far.

It is too early in the process, said Apao, to tell whether these statistics will be characteristic of civil unions in general. “After the law has been in effect for a couple of years,” he said, “we’ll have a better idea of what typical is.”

Only anecdotal information, said Apao, is available regarding longevity of relationships prior to obtaining civil unions.

Rep. Bill Lippert, D-Hinesburg, appointed by the Speaker of the House to the commission, said his experience indicated that most couples entering civil unions in the early stages of its availability are those in established long-term committed relationships. “They are accessing civil unions,” he said, “to acquire the legal benefits now available to them.”

Brattleboro town clerk Annette Cappy, appointed to the panel by Governor Howard Dean, agreed. She said her office has issued approximately 180 civil union licenses. “If I had to guess,” she said, “I’d say the average length of a relationship so far is 20 years.”

Secretary of State Deborah Markowitz told commissioners that her office received many questions before Act 91 took effect, particularly from town clerks and justices of the peace, but that subsided after a series of training workshops.

“With the exception of a small handful, most [clerks] saw it as just paperwork,” Markowitz testified. “I find this remarkable, considering most of them had little or no personal experience with gays and lesbians prior to this.” She said her office has received no reports of any town clerks refusing to issue licenses to couples who request them. “By and large,” she said, “they are doing their duty.”

Commission member Harvey Golubock, chair of the Vermont Human Rights Commission, also testified before the group about inquiries and complaints made to HRC regarding civil unions.

Only a handful of problems, he said, have surfaced so far. Two inns, one in southern Vermont and another in the Northeast Kingdom, have had complaints filed against them. Both refuse to allow civil union ceremonies or receptions on their properties, although they do host weddings and wedding receptions. Additionally, there is a complaint about a wedding photographer who refuses to do civil unions, and one about a newspaper that publishes wedding announcements and not civil union notices. All of these are violations of the public accommodation law, said Golubock; the HRC is mandated to assess these violations, mediate between the parties, and file lawsuits against businesses when necessary.

The 11-member review commission is mandated by Act 91 to inform the public, state agencies, businesses, and organizations about the new law. It will also, among other things, examine the implementation and effectiveness of the civil union law and its recognition and treatment in other states, hear from witnesses and open portions of some meetings to public testimony.

Over its two-year life, the commission will file at least two reports with the General Assembly detailing its findings, conclusions, and recommendations. Deadline for the first report is Jan. 1, 2001. The commission is scheduled to meet again on November 15.