( CNN ) -- Vermont is weighing a bill that could make it the first state to legalize same-sex marriage without being prompted by the courts . Vermont could become the first state to legalize same-sex marriage without prompting from courts . The state 's House Judiciary Committee has scheduled a hearing for Tuesday afternoon to consider a bill that the Vermont Senate passed Monday by a vote of 26-4 . The House is expected to pass the bill . Republican Gov . Jim Douglas , however , has said he opposes the bill . `` Governor Douglas agrees with President Obama that marriage is between a man and a woman . He supports Vermont 's current civil union law , which provides equal rights , benefits , and responsibilities to Vermonters in civil unions , '' said the governor 's spokeswoman , Dennise Casey . The governor `` believes this bill is a distraction from the important work the legislature needs to do to pass a responsible budget and get our economy going again , '' Casey added . It is unclear whether both chambers of the state legislature would vote to override a potential gubernatorial veto . Vermont made history in 2000 by becoming the first state to approve civil unions for gay and lesbian couples . Massachusetts and Connecticut are the only states that allow same-sex marriage . Vermont , New Hampshire , and New Jersey allow civil unions for gay and lesbian couples . Vermont legalized civil unions nine years ago in response to a ruling from its high court . Nationwide , the issue of same-sex marriage remains highly divisive . A June 2008 CNN/Opinion Research Corporation poll found that 44 percent of adult Americans believe gay marriage should be recognized by law as valid ; 53 percent are opposed . The issue took center stage in the nation 's largest state last November , when California voters narrowly approved a proposition amending the state constitution to ban same-sex marriage . California had been issuing marriage licenses to same-sex couples since a May 2008 ruling by the state Supreme Court legalized the unions . California 's high court heard arguments three weeks ago in a case tackling the constitutionality of the controversial ballot proposition . It has not yet issued a decision . The 1996 federal Defense of Marriage Act effectively bars the federal government from recognizing same-sex unions by defining marriage as `` a legal union between one man and one woman as husband and wife '' and a spouse as `` a person of the opposite sex who is a husband or a wife . ''
Vermont poised to pass legislation to legalize same-sex marriage . It would be the first time a state took the action without being forced by courts . Vermont 's governor opposes the bill and has called the measure a 'distraction '