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In both VT and Mass the whole issue got adjudicated by the State Supreme Court first. VT's was first, when in 1998 or thereabouts the Supreme Court determined that under the State Constitution, you could not deny the basic rights of marriage to non-traditional couples, such as gays. Rather than do anything, the Court gave the legislature time to fix it. The legislature came up with the Civil Union, a parallel to marriage crafted to benefit gays and other life partnership couples (such as sisters living out their elder years together).
In Massachussetts, the court also determined the same sort of thing. The legislature then certified a legal question to the Court, asking it if a Civil Union would satisfy the Mass Constitution. The Court said no, it must be marriage.
In neither case was there a popular vote on the issue. However, the "take back Vermont" campaign to rip every legislator out of office who voted for the Civil Union failed pretty miserable -- though some folks did lose their legislature positions. As well, attempts in Massachussetts toward a constitutional amendment have also failed. So, in both cases, there is no popular will to undo it.
[ 11-05-2004, 12:18 PM: Message edited by: Timber Loftis ]
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