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Copyright 2000 Globe Newspaper Company  
The Boston Globe

October 1, 2000, Sunday ,THIRD EDITION

SECTION: METRO/REGION; Pg. C11

LENGTH: 1205 words

HEADLINE: TRACING THE CIVIL UNIONS FALLOUT ON VERMONT RACE

BYLINE: By Bryan K. Marquard, Globe Staff

BODY:
BURLINGTON, Vt. - In the suddenly dog-eat-dog world of Vermont politics, it wasn't surprising that Attorney General William H. Sorrell opted for a canine metaphor at a candidates' rally to introduce his longtime nemesis, State Auditor Edward S. Flanagan.

"I don't know whether this fellow is a bulldog," he said, alluding to the campaign mascot Flanagan is featuring in his US Senate bid, "but I have been bitten by him a few times."

   The attorney general is too modest, Flanagan countered, adding that "for every bite he got from me, I got four bites back - and he drew more blood."

Though lighthearted, the exchange a few days after Flanagan won the Democratic primary summed up the bad blood between the executive branch and the auditor, who has vexed Governor Howard Dean's administration with scathing reports on some of its practices. In an ordinary election year, Flanagan's penchant for stepping on the toes of fellow Democrats might prompt many in the party to give him the boot - or at least to publicly support US Senator James M. Jeffords, a moderate Republican who is popular with many Democrats.

This, however, is no ordinary time in Vermont politics, and the US Senate race is a case in point.

In the September primary, voters turned out five incumbent Republicans, apparently as a penalty for their votes in favor of civil unions for same-sex partners. But Flanagan, who is gay, won his primary. And in this campaign season in which the civil unions issue has loomed large in nearly every race, it will not be a factor in the Flanagan-Jeffords race; both support them. But most other incumbents who supported civil unions, like Dean, are feeling more vulnerable than usual.

Flanagan, 49, who reportedly is the nation's only openly gay or lesbian official elected to a statewide office, as well as the first to run for the US Senate, acknowledged his sexual orientation five years ago. He was midway through his second term as auditor.

Flanagan is "a candidate who could make history for the gay and lesbian community. That is an enormous opportunity," said Winnie Stachelberg, political director of the Washington-based Human Rights Campaign, which bills itself as the nation's largest gay and lesbian political organization.

The organization endorsed Flanagan's Senate bid, but in an unusual move, it is also backing Jeffords, 66, whom Stachelberg praised for the way he "navigated the often turbulent waters of antigay politics" fostered by Senators Jesse Helms of North Carolina and Bob Smith of New Hampshire. The group endorsed Jeffords for authoring the Ryan White Care Act, which provides services to people with AIDS, and sponsoring a bill that would outlaw job bias based on sexual orientation.

This race represents "the clearest case where a dual endorsement ought to be employed," Stachelberg said.

If the candidates' records provide little guidance for backers of the unions, worse is the dilemma faced by opponents who used the primary to punish Republicans who back the new law.

One of Vermont's most prominent opponents of civil unions said through an aide that he had no comment on the Jeffords-Flanagan race.

Polls have shown that a majority of Vermonters oppose the civil unions law, and results from the primary suggest that the backlash can affect the outcome of a race: Four Republican House members and one GOP senator who voted for the law were ousted. Many civil unions supporters in the Legislature did not face primary opponents, so they won't learn if they will be penalized until next month's election.

Patrick Garahan, the state Republican chairman, said the anticivil unions sentiment could work against Flanagan. "If the polling is accurate, I don't see how they elect him," he said.

Flanagan survived the Democratic primary with a victory margin of about 1,000 votes.

The civil unions law granting same-sex couples most of the legal rights of marriage was passed after Flanagan decided to enter the Senate race. He had expected his sexual orientation to be "almost irrelevant to the contest," given that he was reelected as auditor twice after coming out, but the new law changed things. Flanagan was sought out for interviews.

"While I knew it was not what the political doctor ordered, that was not a difficult political decision," Flanagan said. "It's the whole point of what I'm in public service about - these very basic fundamental issues of right and wrong." And so he was very clear about what he thought "in terms of firmly believing that all Vermonters should have equal marriage rights."

Ultimately, many political observers say, the impact of the civil unions issue will be felt most strongly in legislative races and the gubernatorial contest, rather than in the US Senate election. And Flanagan urged voters in the primary to focus on his record, rather than "waste" a vote on him, one way or the other, based on his sexual orientation.

But even absent the civil unions debate, Flanagan faces a daunting task in his bid to unseat Jeffords, who has been winning statewide races for the US House and Senate since the mid-1970s. Through his career, Jeffords has cemented his appeal to Vermont's independent-minded voters by swimming against the Republican tide on issues such as the impeachment vote last year, when he voted to acquit President Clinton.

"He's a Republican, but by any measure he's a moderate to liberal Republican," said Garahan.

Not the least of Flanagan's troubles is his testy relationship with Democrats who support the governor. Like Dean, Flanagan is a Democrat and a four-term incumbent.

As auditor, Flanagan turned a quiet office few had noticed into an operation that generated headlines with a series of reports often critical of Dean administration practices, such as no-bid contracts.

"Sometimes he said people were doing a good job," said Michael J. Obuchowski, a Democrat who is speaker of the Vermont House and a Flanagan ally. But when the auditor's reports "weren't flattering, usually the tip of the ice pick was pointed at the administration."

Sorrell, the attorney general and a Dean ally, said the disputes were often about Flanagan's approach, rather than the substance of his work. The administration felt there was a degree of grandstanding involved, Sorrell said. Flanagan and Obuchowski, however, say that administration stonewalling prompted the public disputes.

Of his differences with Dean and other Democrats, Flanagan said after the primary, "It's all mended now."

The candidacies of Texas Governor George W. Bush and Ruth Dwyer, Dean's Republican opponent, are "a powerful force to bring Democrats together," Flanagan said. "And it has successfully done so. I'm very strongly supporting Howard Dean's reelection."

Dean was a little less effusive. Asked if he had any reservations about endorsing Flanagan, the governor replied: "When the party nominates a candidate, if you're a Democrat, you support him."

Still, some Democrats - Flanagan supporters and opponents alike - say the backlash against civil unions will force the party to rally behind all of its candidates.

"Civil unions is going to be some of the glue that holds us together," said Obuchowski, the House speaker.

GRAPHIC: PHOTO, 1. James Jeffords / AP PHOTO 2. Edward Flanagan / AP PHOTO

LOAD-DATE: October 24, 2000




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