Three same-sex couples who are residents of Vermont have lived together in committed relationships for a period. Two of the couples have raised children together. All three couples applied for marriage licenses and were refused a license on the ground that they were ineligible under the state marriage laws. Plaintiffs sought a declaratory judgment that the refusal to issue them a license violated the marriage statutes and the Vermont constitution.
They argued that it violated the Common Benefits Clause of the Vermont constitution, which provides "[t]hat government is, or ought to be instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolument or advantage of a single person, family, or set of persons, who are part of that community . . . ."
They argued that in not having access to a civil marriage license, they are denied many legal benefits and protections, including coverage under a spouse's medical, life, and disability insurance; hospital visitation and other medical decision-making privileges; and spousal support.
Argue whether Vermont's marriage license law violates the same-sex couples' rights under the Vermont constitution. Which school of jurisprudence would you apply in your reasoning? Baker v. State of Vermont, 170 Vt. 194; 744 A.2d 864; 1999 Vt. LEXIS 406.