Reading questions for Baker v. Vermont, due October 19, 2006

  1. Find the exact language of the Common Benefits Clause of the Vermont Constitution.  (p. 46, 2nd paragraph)
  2. The plaintiffs first argued that the marriage statute applies to them as well as opposite sex couples and that they should have been given a marriage license.  This is Part I of the decision, “Statutory Claim.”  Why do the plaintiffs claim that the statute should be “interpreted broadly to include committed same-sex couples”?  What is the case that they rely on?  How does this case help them?  (p. 47)
  3.  What is the court’s response to this argument?  (p. 47, last paragraph before Part II)
  4. Part II of the decision deals with the constitutional claim.  Do the plaintiffs rely on the federal Equal Protection Clause or the Vermont Common Benefits Clause?  What’s the difference between them?  (p. 47-48)
  5. How does the Vermont Supreme Court analyze claims under the Common Benefits Clause?  What standard of review does it use?  (p. 49, Sec. II. E)
  6. What governmental interest does the state claim is promoted by excluding same sex couples from the legal benefits of marriage?  (p.49)
  7. Why does the court reject the state’s claim that it has a governmental interest in denying same sex couples the same rights as married couples?  (p. 49-50)
  8.  What are benefits that same-sex couples are denied?  (p. 51)
  9.  What does the court say about the “laudable governmental goal of promoting a commitment between married couples to promote the security of their children”?  (p. 51 last paragraph)
  10. Why does the court find that the “legislature’s endorsement of a policy [is] diametrically at odds with the state’s claim”?  (p. 52, 2nd paragraph)
  11.  What does “an animus against a class” mean and how does the court treat it?  (p. 52, last paragraph)
  12.  What is the remedy that the court requires?  What are the options available for ensuring that same sex couples have the same benefits as opposite sex couples?  (p. 74, Sec. F)
  13.  Why do you think the court included the language in the first paragraph of the decision (p. 67 and the last three paragraphs of the decision (p. 53-54 Sec. III).