Drama Escalates as Primary Results Spell Danger For Vermont Civil Unions Law

Drama Escalates as Primary Results Spell
Danger For Vermont Civil Unions Law
by Lisa Keen

While the mainstream media has been quick to point out that "several" legislators who voted for the civil unions legislation in Vermont last spring lost re-election during Tuesday's primaries, the facts indicate that the anti-civil union side "lost" just as many on the House side. The Senate results were a different story: The "yes" votes lost six from their tally while the "no" votes lost none.

But beyond the facts lies the reality: Vermont is a state whose political elections, at least this year, are being played out as an opera - it's a long, tedious, and complicated production (no offense intended to the opera buffs out there). This is a state in which a Republican who voted for civil unions and was defeated in her own party's primary won the Democratic primary Tuesday as a write-in. And this is a state which allows anyone to register to appear on the November ballot as an independent -as long as they register by Sept. 20. So, in all seriousness, it ain't over 'til the full electorate sings on Nov. 7.

There is no official body count yet from the Secretary of State as to who won and who lost during the Sept. 12 primary. That will be available Sept. 20. But reports from newspapers around the state provide some pieces of the picture that is evolving around the possibility the legislature could change composition enough to endanger the state's historic civil union law, and the pieces look like this:

It will take 76 votes for the state House to repeal the civil unions law and 16 votes in the Senate.

When the law was passed, the "no" votes in the House amounted to 69. Thirteen of those "no" votes are now gone - three lost their primary races and 10 did not run again. That leaves the repeal-oriented side with 56 votes of their original 69. Newcomers who won their primaries included at least 9 who have expressed their support for repealing the civil union law. That would put the "no" votes back up to 65.

When the law was passed, the "no" votes in the Senate amounted to 11. All 11 are still onboard.

Meanwhile, on the pro-civil union side, supporters lost one vote in the Senate and four supporters in the House, but they picked up one supportive newcomer in the House.

Thus, if the legislature that remains and is a known quantity should vote today, the civil unions bill would still pass - 64 to 56 in the House; 13 to 11 in the Senate.

The reason there is no comfort in this data for Gay activists in Vermont is that there is no certainty that some of the legislators who voted for the bill in April would do so now. Polls have been showing that voters are opposed to the new law........

Not surprisingly then, the group that lobbied the legislature to pass the civil union bill is now lobbying Gay civil rights supporters to pitch in financially to support the re-election campaigns of Dean and others who they hope can beat back any repeal attempt. The group, Vermonters for Civil Unions, a political action committee, is holding fundraisers and seeking contributions through its Web site at www.VTcivilUnionPac.org.

And, of course, those hoping to repeal the civil union law have set up their war chest operations, too. One Web site (www.religioustolerance.org) offers visitors a 900-number to call in order to make their donation to a group called "ReligiousTolerance.org."

Beth Robinson, a key attorney on the legal case which led the legislature to pass the civil unions bill and now a director of Vermonters for Civil Unions, found the bright spots in Tuesday's outcome but also sounded poised for a fury - this one signifying quite a lot.

"Of the eight supporters [the anti-Gay forces] challenged in the House because of their vote for civil unions, we won four and lost four," said Robinson. Two of the four losses could be mitigated. One Republican "yes" vote has signaled he may run as an independent on the November ballot; the other Republican "yes" vote won her district's Democratic primary, thanks to write-in votes. The pro-civil union side also won a primary in which a newcomer challenged a "no" vote and won. But a big loss in the Senate for supporters of the law was that of a longterm incumbent who had consistently been the top vote-getter in his races; Tuesday, he came in at the bottom.

"I don't feel safe at all," said Robinson, about the prospects for how the November elections will eventually turn out. "This law passed by the thinnest of margins; it won't take much of a swing - three or four votes - and both houses are vulnerable."

Robinson said supporters of the law are also feeling vulnerable about the stability of the votes of incumbents, even if they do get re-elected.

"I hate to ask for help again," said Robinson, whose group has called on Gays around the state and country to help support candidates and educate voters in preparation for the passage of the legislation and for the primaries. "But what happens here in November in Vermont is important to everybody around the country. It will have as much impact on the efforts to move toward equality in New York, Indiana, Hawaii and Alabama - as much as anything in this election year. All of our rights are at stake."