Florida Agenda

MONTPELIER, VERMONT — The state of Vermont has joined Connecticut and New York in asking that the federal law defining marriage as between a man and a woman be ruled unconstitutional.

On Friday, Vermont Attorney General William Sorrell said that the Defense of Marriage Act (DOMA) discriminates against same-sex couples, and unfairly denies the, federal benefits.

“These married couples— our friends and neighbors in Vermont—have every right to fair and equal treatment by the federal government,” said Sorrell. “Instead, they are denied Social Security benefits, tax exemptions, and health and retirement benefits.”

The three states filed their briefs in the New York-based 2nd U.S. Circuit Court of Appeals, in a case brought by a New York woman who was required to pay $350,000 in estate taxes when her partner died. Last year, U.S. Attorney General Eric Holder announced that the Justice Department would no longer defend DOMA in court, and several federal judges—including a number appointed by Republican presidents—have ruled the law to be unconstitutional. In June, a federal judge in New York ruled DOMA to be unconstitutional because it intrudes upon the states’ business of regulating domestic relations.

Currently, same-sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont, and Washington, D.C.H.

BURLINGTON, VERMONT— A Virginia pastor was convicted last week for helping a woman kidnap the daughter she shared with her ex-partner, who she married in a 2000 Vermont civil union. Rev. Kenneth Miller of Stuarts Draft, Virginia, was charged with aiding in international kidnapping, for his part in helping Lisa Miller (no relation to Kenneth) and her daughter, Isabella, flee the country in 2009, one month after a judge ruled in favor of her former partner, Janet Jenkins, of Fair Haven, Vermont.

The couple was legally joined in 2000, shortly after Vermont became the first state to adopt civil unions. After their split, Lisa Miller became an evangelical Christian, and renounced her homosexuality. After the couple dissolved their civil union, a childcustody case went to Vermont family court in 2004. Lisa Miller, who had moved to Lynchburg, Va., was given primary custody, and Jenkins allowed visitation rights. But the court found Lisa Miller to be in defiance of a series of visitation orders, and ruled that she would lose custody if she refused to comply. Investigators say that Lisa and Isabella Miller—who is now 10 years old—were last seen in Nicaragua.

Court records indicate that Kenneth Miller, a member of the American Mennonite sect, felt that Isabella needed protection from a sinful lifestyle. The U.S. does not have an extradition treaty with Nicaragua, and that country is not a party to the 1980 Hague Convention on international child abductions, which was crafted to facilitate the return of children illegally taken from member nations.

“I am willing to accept the consequences of my actions,” said Kenneth Miller, who faces up to three years in prison. “I am at peace with God. I am peace with my conscience, and I give it over to God, and at the same time I respect the decision of the court.”

MONTPELIER, VT – The state of Vermont has elevated its first openly-gay justice to its highest court.

Supreme Court Justice Beth Robinson replaces retiring Justice Denise Johnson. Robinson,46, a former marriage-equality activist said, “I’m humbled by the confidence that Governor [Peter] Shumlin has placed in me, and deeply grateful both for the opportunity I’ve had to serve his administration these past 10 months, and for the chance to serve Vermont’s judiciary in the years to come.”

MONTPELIER, VT – Vermont became the only state that currently offers full legal equality to the LGBT community.

Governor Peter Shumlin, who won in a razor-thin recount election last year, signed into law the missing piece of legislation that ensures transgender individuals can get a new birth certificate with the correct gender (instead of amending the original birth certificate). This is critical to ensuring transgender individuals can travel, apply for jobs, apply for licenses, etc., without the worry and hassles of unmatched gender indications.

Two Steps Forward, One and a Half Steps Back

By BOB KESCKEMETY

Perhaps no state more than California expresses the confusion over the topic of marriage equality in the United States.

The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so. The period of granting such licenses began on June 16, 2008, due to a ruling by the Supreme Court of California based on an equal protection argument and ended November 5, 2008, due to the passage of Proposition 8, an amendment to the California Constitution that limited marriages to those between one man and one woman. Before the passage of Proposition 8, California was only the second state to allow same-sex marriage. Marriages performed prior to the passage of Prop 8 remain legally recognized and retain full state-level marriage rights.

On August 4, 2010, federal judge Vaughn R. Walker, a conservative judge appointed to the federal bench by President H.W. Bush, declared the ban unconstitutional but temporarily stayed his ruling. On August 6, 2010, both sides submitted legal briefs to Judge Walker arguing for or against a long-term stay of the ruling. On August 12, 2010, Judge Walker had scheduled to lift his stay. On August 16, 2010, 9th Circuit Court of Appeals granted the motion to stay, ordered expedited briefing on the merits of the appeal, and directed the parties to brief the issue of why the appeal should not be dismissed for lack of standing. On August 17, 2010, the same Ninth Circuit panel ordered appeals calendared for oral argument during the week of December 6, 2010, in San Francisco. The Ninth Circuit has now requested the California Supreme Court to rule on an issue related to whether the Ninth Circuit has jurisdiction to hear the case.

Same-sex marriage remains a contentious issue within the state, with samesex marriage supporters trying to get another ballot initiative in the 2012 election to return the state to granting marriage licenses to same-sex couples.

Currently, five states (Connecticut, Iowa, Massachusetts, New Hampshire, Vermont) and the District of Columbia do allow same sex unions.. However, the U.S. government does not recognize these marriages on a federal level. The states of New York, New Jersey, Maryland, and Rhode Island do not permit same-sex marriages, but do recognize same-sex marriages performed in other states.

California, Oregon, Nevada, Washington, Illinois, Colorado, Wisconsin, Maryland and Maine have bans on same-sex marriage but permit, on a state-by-state basis, certain rights such as limited rights or civil union rights. Thirty-one states have constitutional bans on same-sex marriage and/or civil unions of any kind, including Florida.

This year, there has been some movement along the lines of marriage equality:

RHODE ISLAND – The Rhode Island State House Judiciary Committee recently held hearings on a bill to permit same-sex marriage in that state.

The hearings on the bill included public statements: 137 people spoke in favor of the bill, 60 against. The next step is for the committee of vote on the bill which expected to pass which would then be passed on to the entire State House for discussion and vote.

HAWAII – The governor of Hawaii is expected to sign into law this week a civil unions law granting its residents full rights and privileges of marriage without actually using the term “marriage”. This bill will take effect January 1, 2012. In 1997, Hawaii was the first state to offer Reciprocal Beneficiaries which permitted same-sex couples access to a limited number of rights and benefits on a state level.

ILLINOIS – The governor of Illinois has signed a civil union law which will take effect June 1, 2011 giving its residents the full rights of marriage. Though there has been a momentum toward same-sex civil unions, there has also been movement against:

IOWA – Republican members of the Iowa House have proposed an amendment to the state’s constitution to say that “marriage between one man and one woman shall be the only legal union valid or recognized in this state.” Iowa already permits same-sex marriage. With a 60-40 Republican majority in the House, the amendment is considered certain to pass. However, it faces long odds in the Democratic-controlled Senate, where the leadership has consistently said they will never allow it to come up for a vote.

INDIANA – Republican lawmakers in Indiana have resumed pushing for a constitutional amendment that would shore up an existing state law banning gay marriage. A GOP-ruled House committee voted 8-4 along party lines recently to advance the proposal, which now moves to the full House for consideration. The amendment states that only marriage between one man and one woman is valid in Indiana, and prohibits civil unions by stating that a legal status “substantially similar” to marriage for unmarried people is not valid.

Bob Kecskemety is the News
Editor of the Florida Agenda.
Bob can be readed at
editor@FloridaAgenda.com