The defendants moved to dismiss the lawsuit on the grounds that no relief could be legally granted for the plaintiffs' grievances. On December 19 at the trial court in Chittenden County, Superior Court Judge Linda Levitt granted the defendants' motion, ruling that the marriage statutes could not be construed to allow same-sex marriages and that the statutes were constitutional because they served the public interest by promoting "the link between procreation and child rearing". She disagreed with the defendants' contention that "history and tradition" justify the state's interest in preserving marriage. The plaintiffs appealed the decision to the Vermont Supreme Court.