Baker v. State

170 Vt. 194, 744 A.2d 864 (1999)

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Nature of the Case

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Facts

Ps were three same sex couples who lived in committed relationships for periods from 4 to 25 years. Two of the couples have raised children together. Each couple applied for a marriage license through their town clerks, and each was refused because they were deemed to be ineligible under applicable state marriage laws. They sued because they were denied the same rights as married couples who lived together in committed relationships. The State moved to dismiss their actions on failure to state a claim for which relief can be granted. The trial court granted the motions to dismiss and the motion for judgment on the pleadings. The court ruled that the marriage statutes could not be construed to permit the issuance of licenses to same sex couples. The court also ruled that the statutes were constitutional because they rationally furthered the State’s interest in promoting the link between procreation and child rearing. Ps appealed contending that the trial court erred.