STATUTES
Marriage definition
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.
Best Section End
(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.
