Vermont Civil Union Review Commission
Minutes
October 4, 2000
The Vermont Civil Union Review Commission met on Wednesday, October 4, 2000, beginning at 10:00 a.m. in Room 10 of the State House in Montpelier, Vermont.
The following members were present: Sen. John H. Bloomer, Jr., Annette Cappy, Martha Csala, Harvey Golubock, Mary P. Kehoe, Rep. William J. Lippert, Jr., Rep. Thomas A. Little, Hon. Francis McCaffrey, Stephen Reynes, and Wendy Z. Yoder. Senator Sears participated by telephone for part of the meeting.
Michele Childs, Legislative Counsel, called the meeting to order. Members of the commission introduced themselves to the other members of the commission. Ms. Childs reviewed the commission’s charge pursuant to Sec. 40 of Act 91 of the 1999 Adjourned Session. At the suggestion of Representative Little, the commission deferred electing a chair and vice-chair until later in the meeting.
The commission heard testimony from some representatives of state government regarding their agency’s activities with respect to the civil union law.
William K. Apao, Health Statistics Director with the Department of Health, distributed written comments to the commission. Mr. Apao also distributed copies of forms for a Vermont License and Certificate of Civil Union, Vermont Record of Civil Union Dissolution or Annulment, Application for Vermont License of Civil Union, Establishment of Reciprocal Beneficiaries Relationship, and Termination of Reciprocal Beneficiaries Relationship, along with informational sheets entitled Civil Unions in Vermont Questions & Answers to Help You Plan Your Vermont Civil Union, Getting Married in Vermont Questions & Answers to Help You Plan Your Vermont Wedding, Reciprocal Beneficiaries Relationship in Vermont Questions & Answers, Completing the Marriage or Civil Union Certificate Guidelines for Officiants, and statistical tables identifying information about civil unions which have been registered with the Department of Health. All information, excluding the statistical tables, is available on the department’s website.
Mr. Apao informed the commission that the Department of Health serves as a custodian of all vital records which now include civil unions. Part of the department’s role in implementing Act 91 was to create forms necessary for establishing and dissolving civil unions as well as reciprocal beneficiary relationships. Those forms were distributed to town clerks along with some information and training on how to register, record, and report civil unions. The department prepared statistical tables on civil union which will be included in the annual report for vital records. The department also maintains records of all civil unions and reciprocal beneficiaries relationships, and prepared an informational circular on reciprocal beneficiaries relationships.
Mr. Apao reviewed the forms and fact sheets which the department prepared to implement Act 91. Mr. Apao estimates that civil unions have added an additional five hours per week to the workload of the Office of Vital Statistics. With six staff members, the additional work is minimal and manageable. Mr. Apao expects this staff time to decrease as soon as the office implements a three-year plan to collect all data electronically. Approximately $5,000.00, excluding staff time, was spent on start-up costs for implementation of Act 91. Most of the money was spent for printing and photocopying. Mr. Apao testified that the administration of civil unions is operating well and the workload is manageable for the agency.
Mr. Apao reported the preliminary statistics which have been filed with the Office of Vital Records. The data indicates that 769 civil unions have been filed from July through part of September. There were 399 filed in July, 300 in August, and 70 in the first part of September; 284 involved male partners and 485 involved female partners. Mr. Apao also reviewed the statistical table showing the residence of parties to civil unions. So far, most (75%) civil unions have involved parties residing outside Vermont. Residents of 46 states, plus the District of Columbia, Canada and a few other countries, have established civil unions in Vermont. The largest number of Vermont residents who established civil unions reside in Chittenden County. Compared to marital partners, parties to civil unions are older (median ages: 40 for parties to civil unions vs. 31 for brides and grooms). No reciprocal beneficiaries relationships have been filed with the office at this time.
Deborah Markowitz, Secretary of State, told the commission how the Office of the Secretary of State provided information to implement the civil unions law. The J. P. Guide, published by the office, states the duties of Vermont’s justices of the peace and includes a section regarding certifying civil unions. Training sessions for justices of the peace were conducted around the state and included a discussion regarding civil unions. The office also published the Vermont Guide to Civil Unions which explains the steps to obtaining a civil union and provides answers to frequently asked questions. The guide was distributed to town clerks. Secretary Markowitz testified that she has not received any report of a town clerk denying a civil union license.
Harvey Golubock, Executive Director of the Human Rights Commission, informed the commission that the Human Rights Commission is responsible for enforcing the civil rights laws, particularly those prohibiting discrimination based upon a person’s sexual orientation with regard to fair housing and public accommodations. The Human Rights Commission is also responsible for public education and outreach. Mr. Golubock distributed a fact sheet entitled Vermont’s Civil Union Law which has been published by the Human Rights Commission, as well as copies of press releases, entitled The Basics About Vermont’s New Civil Union Law and Human Rights Commission Ready to Handle Civil Union Discrimination Cases. The fact sheet was distributed to town clerks.
Mr. Golubock told the commission about the type of inquiries and complaints that the Human Rights Commission has received regarding the civil union law. Two complaints have involved inns which do not want to accommodate civil union ceremonies while continuing to provide services for marriage ceremonies. Another complaint focuses on a newspaper that publishes wedding announcements, but not civil union announcements. A fourth complaint involves a photographer who wishes to continue photographing marriages, but refuses to photograph civil unions. These complaints are confidential and are currently under investigation at the Human Rights Commission. An investigator at the Human Rights Commission may issue a report which is sent to the parties and then parties are given an opportunity to meet with the commission. If discrimination is found, the parties are offered mediation. The commission may bring a lawsuit seeking an injunction, compensatory and/or punitive damages, civil penalties of up to $10,000.00, and attorney’s fees and costs.
Mr. Golubock said that his office has received several calls from town clerks regarding the public accommodations law, but none from justices of the peace. He has advised town clerks that they are obligated under the law to provide civil union licenses to qualified applicants. The issue of whether clergy are required to perform a civil union ceremony was discussed, and Mr. Golubock advised the commission that clergy are not obligated to perform such a ceremony.
Ann Metayer, Assistant General Counsel with the Department of Banking, Insurance, Securities, and Health Care Administration (BISHCA), reviewed the proposed BISHCA rule relating to civil unions and three draft endorsements relating to civil unions which the department is in the process of circulating to industry and other interested persons. BISHCA may make some revisions to the proposed rule to address concerns raised during the comment period, such as provisions regarding annuities and allowing amended policies which include the January 1st effective date to be sent during renewals. There was discussion regarding ERISA (Employee Retirement Income Security Act). Later in the meeting, Ms. Childs distributed material to the commission members regarding ERISA which were prepared by BISHCA during the legislative session.
Ms. Metayer informed the commission that BISHCA was looking at developing a consumer pamphlet on civil unions, which may be a joint venture with the Department of Taxes, and hopes to work with the city and town clerks to provide the consumer pamphlet at the time when individuals are applying for civil unions.
Bridget Asay, Assistant Attorney General with the Attorney General’s Office, testified regarding pending litigation challenging Act 91. Plaintiffs allege there was an illegal betting pool in connection with one of the preliminary House votes on Act 91 (H.847) which violated Rules of the House of Representatives, rendering the law void. An additional claim from town clerks asserts that being required under Act 91 to issue civil union licenses is a violation of their free exercise of rights under the Vermont Constitution. The state has filed a motion to dismiss which is currently pending before Judge Katz in Washington Superior Court.
Commission discussion focused on the most effective ways in which to disseminate information about Act 91 and how to gather information from the public, as well as private and public organizations and businesses, about the implementation, operation, and effect of the act.
Ms. Childs will work with Duncan Goss, Director of Information Technologies at Legislative Council, to create a link off the General Assembly website for information regarding the commission’s work and civil unions in general. The commission agreed that it would be useful if all of the existing civil union information available on the websites of various state agencies can be accessed through one site.
In an effort to solicit feedback about the civil union law from Vermont attorneys, Ms. Childs will publish an announcement in the Vermont Bar Association’s newsletter seeking input regarding the implementation, operation, and effect of the act. To gather information regarding the recognition and treatment of civil unions by other states and jurisdictions, Ms. Childs will seek similar avenues through bar associations and the courts to obtain feedback.
Ms. Childs will continue to keep the commission updated with civil union statistics from the Department of Health, and will contact the Interagency Committee on Administrative Rules (ICAR) to request that it advise state agencies to file a copy of a proposed rule that affects civil unions or parties to a civil union with Ms. Childs at the time they file the proposed rule with the Secretary of State.
Mr. Golubock will develop a brief statement from the Human Rights Commission regarding clarification about clergy’s right to choose whether or not to perform civil unions. Mr. Golubock will also work on a Human Rights Commission fact sheet regarding the public accommodations law.
The commission would like to provide an opportunity for public input at future meetings, beginning in the new year. The commission favored setting aside a half hour at the end of each meeting to allow for public comment on the implementation, operation, and effect of the act. The commission will consider holding future meetings in locations around the state.
Suggested witnesses list for next meeting:
Lee Suskin, Court Administrator, and Sally Fox, Director of Family Court Operations
Vermont Chamber of Commerce
An insurance association representative
Vermont Municipal Clerks and Treasurers Association
A couple who has joined in civil union
Tax Department
BISHCA
Upon nomination made by Representative Little, the commission elected Stephen Reynes as Chair and Mary Kehoe as Vice-Chair of the commission.
The next meeting of the commission was scheduled for Wednesday, November 15, 2000, beginning at 10:00 a.m. in Room 10 of the State House in Montpelier, Vermont.
Respectfully submitted,
Michele Childs
Legislative Counsel