Vermont Marriage/Relationship Recognition Law
Licenses marriages for same-sex couples? No.
Honors marriages of same-sex couples from other jurisdictions? No.
Vermont law states: “‘Marriage’ means the legally recognized union of one man and one woman.”
Any form of statewide relationship recognition for same-sex couples? Yes.
In 1999 the Legislature passed a law that created the legal status of civil unions. Parties to a civil union are entitled to all of the state-level spousal rights and responsibilities. These rights and responsibilities are only for couples who live in the state of Vermont.
Citations: VT. STAT. ANN. tit. 15, §1201(4)(2003); VT. STAT. ANN. tit. 15 §23.
Vermont Civil Unions
Same-sex couples who are Vermont residents can receive the same state protections, benefits and responsibilities that are granted to married opposite-sex couples by entering into a civil union.
Civil unions do not, however, grant any of the more than 1,100 federal benefits of marriage.
Benefits
Among the rights and responsibilities available to Vermont residents who enter into a civil union are:
- Responsibility for supporting each other “to the same degree and in the same manner as prescribed under law for married persons”;
- State tax benefits;
- Improved access to family health insurance policies and joint credit;
- The right to leave work to care for an ill partner;
- Co-parenting privileges and responsibilities for any child who becomes the child of one or both partners during the civil union;
- Automatic preference for the guardianship of, and medical decision making for, a partner should he or she become incapacitated;
- Inheritance rights (even without a will); and
- Equal access to state separation, divorce, child custody, child support and property division laws if the civil union ends.
Eligibility
To be eligible for a civil union, both partners must be:
- At least 18 years old;
- Of the same sex;
- Of sound mind;
- Not closely related; and
- Not already in another marriage or civil union.
What If You Live Outside Vermont?
You can live in any state in the nation and, if you choose, travel to Vermont to obtain a civil union certificate. In fact, about 75 percent of the couples who obtained civil union certificates in the first year they were available came from out of state. But civil unions will not necessarily carry any legal weight outside Vermont.
Getting a Civil Union License
To obtain a civil union license, visit the Vermont Secretary of State's office in The Vermont Guide to Civil Unions. The Human Rights Campaign recommends consulting an attorney to discuss your specific situation before deciding to enter a civil union.
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 3/14/2007