Sunday, June 25, 2000 Topsham clerk firm against civil unions By HEATHER STEPHENSON Staff Writer Calling them "endorsed perversion," the Topsham town clerk says she will not personally issue civil-union licenses to same-sex couples and she is asking residents whether the town should defy state law by not making the licenses available at all. The law, which goes into effect July 1, states that if a town clerk does not want to issue the licenses he or she must at least appoint someone else to do so. In a memo sent on town letterhead to every Topsham household earlier this month, Town Clerk Juanita Claflin tells voters she will not issue the licenses and asks if they believe she should defy the law, resign or appoint a willing assistant to deal with the paperwork. Most of the responses so far have urged defiance of the law, Claflin said Saturday, but she has not decided whether to risk lawsuits and penalties by following the townspeople's wishes. "I still have to make that absolute final decision," she said. She has given townspeople until Monday to respond to her letter. Then she will meet with the selectboard and possibly hold a public meeting to tell residents about the potential consequences of defying the law. "I made the commitment to the people that I would uphold what they said," she added. "If they're still of that opinion (after being informed of the consequences), I'll take my licks." The civil unions law, passed by the Legislature this spring, conveys most of the benefits and responsibilities of marriage to committed same-sex couples. The Legislature considered the measure after the state Supreme Court ruled that same-sex couples had a constitutional right to benefits equal to those granted to married couples. Opponents are seeking a preliminary court injunction to block the new law. At least one other town clerk, in Tunbridge, has resigned over the issue. In Waterbury, the town clerk and assistant town clerk also resigned recently, citing unspecified personal reasons and an effective date of July 1. According to an informal opinion from the attorney general's office, a person who is wrongfully denied a civil union license could sue the clerk and/or the town, seeking issuance of the license and compensatory and punitive damages. The aggrieved person could also ask the attorney general's office to go to court to compel compliance with the law. The Human Rights Commission could initiate an enforcement action under the state's public accommodations law, which bars discrimination on the basis of sex or sexual orientation in places of public accommodation. Criminal penalties also could be pursued, but probably would not be, according to the attorney general's office. Claflin said she had received 67 responses to her letter urging the town to refuse to issue civil union licenses and see what happens. Twelve respondents said the clerk should resign and the selectboard should appoint one who will obey the law, and 11 respondents said a volunteer assistant should be appointed to issue the licenses. Claflin said the letter was sent to more than 200 households. The town has 615 voters on its checklist. Claflin's opposition to civil unions has been no secret since she was elected in March. When she was sworn in, she inserted the phrase "except to sell civil union licenses" into her oath of office. At the time Claflin thought the bill, then being debated, would not pass, she says in her letter. "Well, I was wrong … the unthinkable did become law …," she writes. "I stand firm and unwavering in my commitment to refuse to be a party to this endorsed perversion based on my Constitutional Rights and personal belief." William Dalton, deputy secretary of state, said Friday that nothing in Vermont law allows "modification of the oath" by public officials. But he pointed out that the civil unions law allows clerks to retain or appoint assistants to deal with civil unions paperwork. Claflin said an assistant in Topsham, who she recommends could be available to process civil union paperwork for one hour a month, would have to be a volunteer or be paid separately by the selectboard. "I will not subsidize any salary from my current pay," she writes in her letter. On Saturday, she suggested that finding an assistant might be prudent despite her opposition to the law. "For the good of the town," she said, "I think that may have to be a possibility." http://www.worldnetdaily.com/forum/skyline.htm Bard No more same-sex 'marriages'..... http://dailynews.yahoo.com/h/nm/20000525/ts/pope_gays_1.html <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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