'Grave' issue draws lawmakers attention
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By JOSH O'GORMAN RUTLAND HERALD STAFF - Published: February 23, 2009
MONTPELIER – Two legislators have introduced a bill that would change state law governing grave removal, an issue that can stir deep emotions and controversy.
Democratic Reps. Alison H. Clarkson of Woodstock, and Richard J. Marek of Newfane, are lead sponsors on a bill that would broaden the scope of those who are allowed to object when someone petitions to relocate a grave. It would provide greater protections for historic gravesites, its backers say.
Clarkson said the bill was introduced Friday in the House Committee on General, Housing and Military Affairs.
The bill is motivated by Springfield resident J. Michel Guite's successful petition last year to relocate three 19th century graves from the Aldrich Cemetery, which is located on a farm he wished to purchase in Hartland.
The burial statute as written allows a parent, spouse, sibling or child of the deceased to object to a grave relocation. In June, Woodstock Superior Court Judge Joanne Ertel reluctantly granted Guite's petition, writing in her decision, "This court finds it difficult to fathom his persistence in the face of such widespread and heartfelt opposition."
Marek said the case led him to review the state's burial statutes.
"I read the existing law and I was dumbfounded that I could petition to move Ethan Allen's body to my backyard and there's nobody who could object," Marek said. "It's certainly sad that a stranger can come along and move a grave but a grandson can't object to it."
Clarkson said while the bill will not affect Guite's plans, it could prevent something like it from happening again.
"The public opinion on this is pretty clear that everyone wants to fix the gap in the law," Clarkson said, who counted Judge Ertel among her constituents who asked her to become involved. "The Aldrich Cemetery is a bit of a sacrificial lamb, but this bill isn't about Guite so much as establishing protections for these historic cemeteries."
The proposed bill will expand the scope of those allowed to object to a grave relocation petition to include descendents of the deceased beyond the first generation, as well as local cemetery commissioners, historical societies, veterans groups and cemetery preservation groups such as the Vermont Old Cemetery Association.
"This is something the activists have been wanting and I think it's for the public good," said Vermont Old Cemetery Association President Tom Giffin. "I'm looking forward to this legislation and I know a lot of legislators are really interested in this."
josh.ogorman@rutlandherald.com
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