Statute Annotations › Vermont › 15 Vt. Stat. Ann. § 1204

15 Vt. Stat. Ann. § 1204

Rights and responsibilities of civil-union parties: the cases that interpreted this section

Jurisdiction
Vermont
Case notes
5
Cited in passing
6
Citing cases indexed
17
Case dates
2006–2020
Screened through
2024-03-01
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

11 citing cases reviewed of 17 in the citation index: 5 interpreted the section (annotated below), 6 cited it only in passing. Cases filed after 2024-03-01 may not have been reviewed yet.

Have a situation under 15 Vt. Stat. Ann. § 1204?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Civil union partners—rights of children and intestate succession

Section 1204(f) places civil-union partners on equal footing with spouses concerning children, including a recognized child's right to inherit from a partner who dies intestate.

Whether the Defense of Marriage Act Precludes the Nonbiological Child of a Member of a Vermont Civil Union From Qualifying for Child's Insurance Benefits Under the Social Security Act · filed 2007-10-16(f)

Insofar as Vermont law further seeks to place partners in a civil union on equal footing with married couples with respect to children, see id. § 1204(f), we believe that Vermont courts similarly would conclude that the property of a partner in a civil union who dies intestate would descend on the same terms as it would for a married person, and in particular, would go to those who would be recognized as his or her children under Vermont law. Accordingly, as applied here, we conclude that Vermont law would recognize Elijah as Karen’s child for purposes of his right to inherit, should she die intestate.
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Civil-union parties have the same legal rights and responsibilities as married spouses, so a parent's sexual orientation is irrelevant to a custody determination.

Miller-Jenkins v. Miller-Jenkins · filed 2010-10-29(a)

The State of Vermont has determined that same-sex couples have the same rights and responsibilities as opposite-sex couples—thus, the sexual orientation of the parents is irrelevant in a custody determination.
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Section 1204(a) gives civil-union parties the same legal benefits, protections, and responsibilities as married spouses.

Neyman, F. v. Buckley, F. · filed 2016-12-28(a)

The Vermont statute specifically grants parties to a civil union all the same “benefits, protections and responsibilities under law” as are conferred to “spouses in a marriage.”
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Section 1204 gives civil-union parties access to divorce, property division, and maintenance as part of their spousal rights.

Sherman v. Rouse · filed 2020-03-02(d)

As we indicated above, under Vermont law, parties to a civil union share a “spousal relationship” that entitles them to “all the same benefits, protections, and responsibilities under law . . . as are granted to spouses in a civil marriage[,]” which includes the right to a divorce, property division, and “maintenance.” 15 V.S.A. § 1204.
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Civil union eligibility

Section 1204(a) governs the rights and responsibilities of civil-union parties but does not import marriage eligibility requirements into civil unions.

Miller-Jenkins v. Miller-Jenkins · filed 2006-08-04(a)

Section 1204 plainly addresses the responsibilities of persons who have entered into a civil union and not the eligibility for that status. ... These provisions would be superfluous if § 1204 generally made chapter 1 applicable to civil unions. Accordingly, there is no indication that the Legislature intended to apply chapter 1 generally to civil unions or to apply specific sections beyond those explicitly adopted.
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6 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

Arizona Together v. Brewer, the court cited § 1204(a) only as a comparative example in discussing how other states treated marriage and domestic partnerships; it did not construe or apply the Vermont statute. opinion →
Jones v. Barlow, the statute is cited in the dissent as background for the parties' Vermont civil union and to support an analogy to a stepparent or parent. The opinion does not decide what § 1204 means or require, and does not adjudicate the parties' rights under Vermont law. opinion →
Appling v. Doyle, the opinion mentions § 1204 in a footnote as historical background and an example of a marriage-mimicking civil-union law; it does not construe, apply, or decide anything about the Vermont statute. opinion →
Elia-Warnken v. Elia, the court describes § 1204 as background to its decision under Massachusetts comity and polygamy law; it does not decide a rule of § 1204. opinion →
Moreau v. Sylvester, Sylvester v. Moreau, the dissent cites § 1204(f) as support for considering a legal relationship in its parentage analysis, without deciding what the section means. opinion →
norton v. jarvis, the court mentions § 1204 in a footnote while deciding whether a stepchild can recover under the Wrongful Death Act. opinion →

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