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Only in Vermont: the first attempt for out-of-state recognition of civil unions fails. (Same - Sex Unions).


For the first time since the creation of civil unions in Vermont in 2000, the legality le·gal·i·ty  
n. pl. le·gal·i·ties
1. The state or quality of being legal; lawfulness.

2. Adherence to or observance of the law.

3. A requirement enjoined by law. Often used in the plural.
 of the institution has been put to the test outside the state--and it failed. A Georgia appeals court ruled on January 23 that civil unions are not valid outside Vermont and are in no way equal to marriage. But some activists say the issue is far from resolved.

The decision came in the case of Susan Freer, a Georgia lesbian battling her ex-husband for visitation rights In a Divorce or custody action, permission granted by the court to a noncustodial parent to visit his or her child or children. Custody may also refer to visitation rights extended to grandparents.  with their three sons. Their 1995 divorce agreement stipulates that the children cannot visit either parent when they are living with someone to whom they are neither married nor related. Freer and her partner, Debra (whose last name Susan took), argued that the civil union they entered into in Vermont in 2000 should count as a marriage.

Even though the court disagreed with Freer, experts say the decision may not be as dire as it sounds. Freer's case was tried in state court--the decision won't apply to other states. And a tough argument was made even harder to win by the language of the divorce decree Freer had signed.

The American Civil Liberties Union's Gay and Lesbian Rights The goal of full legal and social equality for gay men and lesbians sought by the gay movement in the United States and other Western countries.

The term gay originally derived from slang, but it has gained wide acceptance in recent years, and many people who are
 Project, for one, says the case may not have much impact in the long run. "This is not going to decide anything outside of Georgia," said James Esseks, litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 director for the project, "and it is not clear whether it will have an effect within Georgia."

Another expert said the Georgia court's decision highlights the danger of settling for a separate-but-equal status like that set up by civil unions. "We are going down a path of accepting a status that changes drastically from location to location in a way that no one in a heterosexual heterosexual /het·ero·sex·u·al/ (-sek´shoo-al)
1. pertaining to, characteristic of, or directed toward the opposite sex.

2. one who is sexually attracted to persons of the opposite sex.
 marriage would say is acceptable at all," said Barbara Cox “Barbara Cox” redirects here. For the daughter of James M. Cox, see Barbara Cox Anthony.

Barbara Cox is a writer and script editor, mainly in British television, who has worked on such programmes as The Bill, The Paradise Club,
, a professor at California Western School of Law Founded in 1924, California Western School of Law (popularly known as California Western or Cal Western) is a private, non-profit law school located in San Diego, California. .

As for Freer, she has not committed to appealing the decision to Georgia's highest court, but in an E-mail message she told The Advocate, "For my children's sake, we are planning to continue to fight this injustice and are evaluating all of our options."
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Article Details
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Author:Schuerman, Matthew
Publication:The Advocate (The national gay & lesbian newsmagazine)
Article Type:Brief Article
Geographic Code:1U1VT
Date:Mar 5, 2002
Words:357
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