Baker V. Vermont - Background

Background

The case was brought by three same-sex couples who applied for and were denied marriage licenses in the towns of Milton, Shelburne and South Burlington. The couples subsequently sued their respective towns, and the state of Vermont, requesting a declaratory judgment that the license refusal violated Vermont's marriage statutes and Constitution. The plaintiffs were represented by Mary Bonauto, an attorney from Boston-based Gay & Lesbian Advocates and Defenders, and two Vermont attorneys: Susan Murray and Beth Robinson. Robinson later chaired Vermont Freedom to Marry and in2011 was appointed to the Vermont Supreme Court by Gov. Peter Shumlin.

The state, along with two of the towns, moved to dismiss the lawsuit on the grounds that no relief could be legally granted for the plaintiffs' grievances. The trial court, located in Chittenden County, granted the defendants' motion, ruling additionally that the marriage statutes could not be construed to allow same-sex marriages, and that the statutes were constitutional because they served the public interest by promoting "the link between procreation and child rearing".

The plaintiffs subsequently appealed the decision to the Vermont Supreme Court in Montpelier. The court received briefs and oral arguments, including an amicus brief from The Vermont Coalition for Lesbian and Gay Rights and the People For the American Way Foundation.

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