Did the Vermont Supreme Court case legalize same-sex marriage?
The decision does not automatically create same-sex marriage rights in Vermont, but directs the state legislature to either expand marriage to cover same-sex couples, or create a distinct mechanism (domestic partnership or other) that makes available to same-sex couples all of the benefits and privileges of marriage. On what basis did the Vermont Supreme Court find that denying benefits to same-sex couples is unconstitutional? The Vermont Supreme Court found that limiting marriage benefits to opposite sex couples was in violation the Vermont constitution’s “Common Benefits Clause.” This clause says that the government ought to be “instituted for the common benefit, protection and security of the people, nation or community, and not for the particular emolument or advantage of any single person, family or set of persons who are part of only that community.” Can this ruling be appealed to the U.S. Supreme Court? No. The decision cannot be appealed to the U.S. Supreme Court primarily beca
