Marriage is the legally recognized union of one man and one woman.
(Vermont Statutes title 15 § 8)
Marriage entered into in another state
If a person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and such person goes into another state or country and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state.
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(Vermont Statutes title 15 § 5)
Marriage void in state of residence
A marriage shall not be contracted in this state by a person residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction. Every marriage solemnized in this state in violation of this section shall be null and void.
(Vermont Statutes title 15 § 6)
Baker v. State, 744 A.2d 864 (Vt. 1999)
In this lawsuit demanding a right to same-sex “marriage,” the Vermont Supreme Court ruled that under the common benefits clause of the Vermont Constitution, same-sex couples are entitled to the same benefits and protections as married couples. However, the court held that there is no fundamental right to same-sex marriage, and that the marriage laws do not constitute sex discrimination. The court ruled that it was up to the legislature to determine how those benefits and protections should be granted. The legislature subsequently enacted the “civil union” scheme that makes civil union partners “spouses” for purposes of Vermont law.