Since July 2000, Vermont has allowed eligible couples of the same sex to be joined in civil union. According to Vermont law these couples, "shall have all the same benefits, protections, and responsibilities under Vermont law, whether they derive from statute, policy, administrative or court rule, common law, or any other source of civil law, as are granted to spouses in a marriage."

1. Who can be joined in civil union

To be joined in civil union a couple must satisfy all of the following criteria:

• Neither person may already be married, joined in civil union, or be a party to a legal reciprocal beneficiary relationship
• The couple must be of the same gender
• The couple may not be close family members
• Each person must be 18 years of age or older
• Neither person may be of unsound mind
• Neither person may be under guardianship, unless the guardian consents in writing

2. How to get a Vermont civil union

In order to be joined in civil union the couple must complete the following 3 steps:

• Obtain a civil union license from a Vermont town clerk. Vermont residents must get a civil union license from the town clerk of the town where one of them resides. Nonresidents may go to any town clerk in the state to obtain a civil union license. It is not necessary for both parties to be present to obtain the license, as only one signature is required on the application form. A $23.00 fee must be paid to the town clerk.
• Solemnize the civil union. After obtaining the license, the couple must have the civil union solemnized by an official authorized by a Vermont judge, a Vermont justice of the peace, a member of the Vermont clergy, or a clergy person from another state who has been granted permission by a Vermont probate judge to certify a civil union. The civil union may be solemnized anywhere in the state but must occur within sixty days of receiving the license from the town clerk.
• Return the certified license to the town clerk. The official who has solemnized the union must fill out and sign a portion of the civil union license. Within ten days of the certification, the official who certifies the union must return it to the town clerk who issued it. If the official delays returning the certification beyond the tenth day, the official may be penalized, but the civil union will still be valid.

3. Who may certify a Vermont civil union

Civil unions may be certified by any of the following:

• Vermont Judges: Supreme Court justices, a superior court judge, a district judge, a judge of probate, an assistant judge.
• Vermont Justices of the Peace: Only Vermont justices of the peace may solemnize civil unions. Performing ceremonies (marriage and civil union) are discretionary functions of this office.
• Vermont clergy: Members of the clergy residing in Vermont who are ordained, licensed, or authorized by his or her denomination may solemnize Vermont civil unions. In addition, a clergy person from an adjoining state or country, whose organization serves Vermont may solemnize Vermont civil unions.
• Out of state clergy members (aside from those in adjoining jurisdictions whose organization serves Vermont) must obtain permission to perform civil unions in Vermont from the probate court of the district within which the civil union is to be certified.
• Special rules that apply to certain religious societies and faiths without clergy. Civil unions among the Friends or Quakers, the Christadelphian Ecclesia, and the Baha'i Faith may be certified in the manner used in such societies.

4. Where the official record of the civil union is held

Once the civil union license is certified and returned to the town clerk, the town clerk records the certificate in the permanent records of the town. The clerk must send a copy of the certificate to the department of health. A copy of the civil union certificate received from the town clerk, the commissioner of health, or the director of public records shall be presumptive evidence of the civil union in all courts.

5. What a Vermont civil union ceremony must include

There is no law governing what a civil union ceremony (or marriage ceremony) must include. The couple is free to decide with the justice, judge, or clergy member what they want in a ceremony. What is important is that the officiant is present for the ceremony and is able to certify that the parties entered into the civil union with mutual consent.

6. The legal consequences of a civil union

Parties to a civil union are given all the same benefits, protections, and responsibilities under Vermont law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a marriage. These include:

• Mutual financial support.
• Domestic relations law.
• Laws regarding child custody and support.
• Property law and laws relating to decedents estates and probate.
• Tort law.
• Tax laws and public assistance.
• Spousal benefits.
• Right to make medical decisions and to take family leave.
• Other laws that may apply to parties to a civil union:
  • prohibitions against discrimination based upon marital status
  • laws relating to immunity from compelled testimony and the marital communication privilege
  • the definition of family farmer under
  • application for absentee ballot under
  • family landowner rights to fish and hunt under
  • legal requirements for assignment of wages under
  • affirmance of relationship under

7. Parties to a civil union may modify the terms of the union

Parties to a civil union may modify the terms, conditions, or effects of their civil union in the same manner and to the same extent as parties to a marriage. This is done by executing an antenuptial agreement or other agreement recognized and enforceable under the law, setting forth particular understandings with respect to their union. The family court determines the enforceability of such agreements.