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Baker v. State : ウィキペディア英語版
Baker v. Vermont

''Baker v. Vermont'', 744 A.2d 864 (Vt. 1999), was a lawsuit decided by Vermont Supreme Court on December 20, 1999. It was one of the first judicial affirmations of the right of same-sex couples to treatment equivalent to that afforded different-sex couples. The decision held that the state's prohibition on same-sex marriage denied rights granted by the Vermont Constitution. The court ordered the Vermont legislature to either allow same-sex marriages or implement an alternative legal mechanism according similar rights to same-sex couples.
==Background==
Following their initial success in Hawaii in 1996 that was later undone by a popular referendum in 1998, advocates for same-sex marriage selected Vermont for their lawsuit on the basis of the state's record of establishing rights for gays and lesbians as well as the difficulty of amending its constitution.
Vermont enacted hate crimes legislation in 1990, one of the first states to do so. From the time the legislation that became the Hate Crimes Act was introduced in 1989, it included sexual orientation. Most of the testimony and statistics that supported the legislation related to the gay and lesbian community and one incident of anti-gay violence helped secure its passage.〔Mary Bernsten, "The Contradictions of Gay Ethnicity: Forging Identity in Vermont," in David S. Meyer, et al., eds, ''Social Movements: Identity, Culture, and the State'' (Oxford University Press, 2002), 96-7, (available online ), accessed July 12, 2013〕 It added ''sexual orientation'' to its anti-discrimination statute, the Human Rights Law, in 1992. In 1993, the Vermont Supreme Court ruled unanimously in the case ''In re B.L.V.B.'' that a woman could adopt her lesbian partner's natural child. The statute provided that an adoption terminates the rights of natural parents, unless the person adopting is the ''spouse'' of the child's natural parent. The Court decided that the statute did not intend to restrict adoption to legal spouses only, that safeguarding the child was its "general intent and spirit", and that adoption by a second woman was therefore permissible. In 1995, in the course of reforming the state's adoption statute, a Senate committee first removed language allowing unmarried couples, whatever their sex, to adopt, but after months of work the legislature passed a version that made same-sex couples eligible to adopt.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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