Features
Sixteen Queer Questions
An Interview with Gov. Jim Douglas
by Paul Olsen
Just
over one year into his first term, Gov. James Douglas (R) agreed to an
interview with Out in the Mountains at his Montpelier office.
The interview covered a broad range of issues, including gay marriage
and civil unions, medical marijuana, Gay Pride Day, and making gay and
lesbian appointments. Excerpts from the interview follow.
OITM: Shortly after the Supreme Judicial Court's decision legalizing gay
marriages in Massachusetts you said you opposed amending the U.S. Constitution
to prohibit gay marriage. How did you come to this decision?
Douglas: I think each state can decide for itself how it wants to handle
the issue. Vermont made a decision four years ago after our own Supreme
Court decision and I think most Vermonters have come to accept the civil
union statute that was enacted that year. I don't see the need for an
amendment to the U.S. Constitution.
OITM: Will you discuss your opposition [to the Federal Marriage Amendment]
with President Bush?
Douglas: I don't know if that will come up. We have a lot of things to
talk about when we meet with him. I expect that matters of education,
human service programs and funding, homeland security, and other matters
might be higher on everybody's agenda.
OITM: Amendments to the Vermont Constitution declaring same-sex marriage
illegal have been introduced by Sens. Canns (R-Caledonia), Maynard (R-Rutland),
Hull (R-Rutland), Mayo (R-Caledonia), and Shepard (R-Bennington). What
is your position on these amendments?
Douglas: I don't see the need for those proposals. The statute that passed
four years ago when we enacted the civil union law restated the statutory
definition of marriage as the union of a man and a woman. That's sufficient
as far as I am concerned.... The Governor has no role in constitutional
amendments. Obviously I could weigh in, but I don't have the role that
I do in legislation.
OITM: State Rep. David Zuckerman (P-Burlington) introduced a bill (H.676)
that would change existing civil unions to same-sex marriages in Vermont.
What is your opinion of H.676?
Douglas: When Dave introduced it he admitted that it was an antidote to
the constitutional amendment proposal in the (state) senate, so I don't
know how serious he is in advancing it this session. I think we ought
to leave the status quo alone. That's where most Vermonters would like
to see the policy on same-sex unions. I remember as you do the divisive
experience of four years ago and I don't want to relive that. We've got
so many other issues on our agenda - health care reform, improving the
economy, and addressing a lot of other issues facing our state. I don't
see the need to revisit that in any context.
OITM: When faced with the opportunity to make an appointment to the Vermont
Supreme Court you referred to the Baker v. Vermont decision as "judicial
activism." Is judicial activism a decision that you don't agree with?
Douglas: Your assessment is right. It is in the eye of the beholder at
the time but I know a lot of attorneys believe that it is a stretch to
look at the [Vermont] constitution and read that into the [Common Benefits]
clause that they cited. But there'’s no question that the law of
the state is whatever a majority of the Supreme Court say it is at any
point. They made a decision that we all must now respect. I didn't
ask about any specific cases with candidates for the (Supreme Court) appointment,
I didn't think that was appropriate.
OITM: Last year when we met you said you needed to "huddle with your
team" before deciding whether you would issue a proclamation recognizing
Gay Pride Day. What did your team say?
Douglas: I don't know if we had that huddle frankly (laughs). We haven't
talked about it.
OITM: Would you issue the proclamation if asked?
Douglas: I'd have to huddle with my team (laughs). We get so many requests
every week for different proclamations I don't know if we ever got around
to discussing it.
OITM: If a request were made this year would you issue a proclamation?
Douglas: I guess we'd have to assess it as we do with others. I don't
honor every request for a proclamation that comes in but we'd certainly
consider it.
OITM: Will you attend Gay Pride Day in July if you are invited?
Douglas: I don't know. I get so many invitations I’d have to see
if it fit the schedule and make a decision at the time. I just don't know.
OITM: I don't mean any disrespect, but does "I don't know" mean
you don't want to think about it or you don't want to answer the question?
Douglas: It is obviously not without controversy in terms of making that
decision so I'd have to think about it.
OITM: Gender identity is not currently included in Vermont's nondiscrimination
statutes. What is your view on H.366, a bill amending state law to prohibit
discrimination on the basis of gender
identity?
Douglas: I didn't know that there was a bill in. It hasn't been prominently
discussed by committees so I don't know. I'd have to think about it.
OITM: As Governor, through an Executive Order, you could prohibit discrimination
on the basis of gender identity in state employment. Would you consider
doing that?
Douglas: I am happy to consider it. We have a union contract with state
employees and I'm not sure how [an Executive Order] relates to that. We'll
talk to Personnel.
OITM: You've expressed your opposition to the legalization of marijuana
for medical purposes (H.111). Why?
Douglas: The federal government has not approved it for medicinal purposes.
The FDA has made it very clear that not only does it reserve the right
to prosecute people who use it but also government officials who sanction
it. That got my attention! It is awkward when the federal government has
a view that is quite clear on its use and for states to do something different.
There is a process for the FDA to approve medications and it has approved
a form of THC that is available for medicinal purposes and could, if it
felt appropriate, approve marijuana but it has chosen not to do so. My
predecessor, who is a physician, felt very strongly about it. I'm not
persuaded that we want to do something in contravention of the federal
law.
OITM: I think many people felt that Governor Dean's position on medical
marijuana was wrong. The concern with THC pills is that if you are suffering
from nausea you are unable to take pills, so smoking marijuana is a better
delivery device for many people living with HIV/AIDS and other illnesses.
Douglas: The FDA must understand that when it makes its decisions. I assume
they must have heard all the arguments about medicinal marijuana and decided
against it. I accept the notion that it provides relief to people. The
question the FDA and other drug agencies pose is, is it the only way to
do it?
OITM: In November you'll face a challenge from pro-gay Burlington Mayor
Peter Clavelle (D). What parts of your record as Governor would lead GLBT
Vermonters to support your reelection?
Douglas: I think Vermonters of all identities and persuasions want the
same things that most Vermonters do. That is the chance to be successful,
improve the quality of their lives, have a decent job, and be able to
afford a home, education and retirement. I think many Vermonters share
my goals in terms of the initiatives I have offered. There's a lot in
my record of accomplishment that I'll offer to the voters at the end of
two years that will be impressive.
OITM: As Governor, what other message do you have for gay and lesbian
Vermonters?
Douglas: Vermont is historically and traditionally a place of inclusion
and nondiscrimination. That's a long legacy of which I'm proud and which
I know all Vermonters are. It is one that I plan to
continue.
Paul Olsen also writes for In Newsweekly and lives in Colchester.