Same-sex marriage in Connecticut

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Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008.^[1] Connecticut was the third state to do so, but only the second where the decision was not repealed.

Civil union

The state enacted a civil union law in 2005 that provides same-sex couples with the same rights and responsibilities under state law as marriage. Connecticut became the second state in the United States (following Vermont) to adopt civil unions, and the first to do so without judicial intervention. The bill was passed by the House on April 13, and by the Senate on April 20. Governor Jodi Rell (a moderate Republican) signed the bill into law later the same day, and it went into effect on October 1, 2005.^[2]

The decision to provide for civil unions and not same-sex marriage was controversial and was challenged in the state's courts. On October 10, 2008, the Supreme Court of Connecticut, in Kerrigan v. Commissioner of Public Health, ruled that failing to give same-sex couples the full rights, responsibilities and name of marriage was against the equal protection clause of the state's constitution, and ordered same-sex marriage legalized.^[3][4]

On October 1, 2010, all existing civil unions were automatically transformed into marriages.^[5]

Marriage

Court case

In August 2004, Gay and Lesbian Advocates and Defenders representing eight gay couples from Connecticut, brought a legal action before the state's courts, challenging what they described as the state's discriminatory exclusion of same-sex couples from the right to marry. They argued that this discrimination violated the equality and liberty provisions of the Connecticut Constitution and are supported by the Connecticut Civil Liberties Union. The case was opposed by the Family Institute of Connecticut; however, they were denied intervenor status in the case.

On July 12, 2006 a Superior Court judge court ruled against them arguing that:

Civil union and marriage in Connecticut now share the same benefits, protections and responsibilities under law. ... The Connecticut Constitution requires that there be equal protection and due process of law, not that there be equivalent nomenclature for such protection and process.

The judge concluded that denying same-sex couples the right to marry does not violate Connecticut's Constitution.^[6]

The Supreme Court of Connecticut heard an appeal by the plaintiffs in Kerrigan and Mock v. Connecticut Department of Public Health, on May 14, 2007. The Attorney General's office represented the state in opposition to the appeal, but Attorney General Richard Blumenthal did not argue the case, sending a subordinate to represent the state. On October 10, 2008, the court released an opinion^[7] guaranteeing same-sex marriage rights.^[3] The Supreme Court ruled 4-3 that denying gays the right to marry was against the equality and liberty rules in the Connecticut Constitution.^[3] The court also held that it similarly would be unconstitutional to relegate same-sex couples to a status less than full marriage by enacting legislation treating same-sex unions as civil unions rather than marriage. On Wednesday, November 12, 2008, pursuant to the order and decision of the Supreme Court of Connecticut, the first marriages licenses were issued to same-sex couples in Connecticut.^[8][9] At the time, it made Connecticut only the third state ever to recognize same-sex marriage. Soon after, Connecticut actually became the second state to allow same-sex marriage because of the passing of a same-sex marriage ban in California, just days before the first same-sex marriages were given in Connecticut. Critics contended that rulings granting same-sex couples the right to marry such as the Connecticut Supreme Court's decision in Kerrigan and Mock v. Connecticut Department of Public Health overstep the constitutional authority of the judicial branch.^[10][11] However, defenders argue that almost every civil rights disagreement in the U.S. has ultimately been decided by the courts, not in Congress.

Legislative action

On January 31, 2007, State Senator Andrew J. McDonald and State Representative Michael Lawlor, Co-Chairpersons of the Judiciary Committee, announced the introduction of a bill that would give same-sex couples full marriage rights in the state of Connecticut. The bill, HB 7395,^[12] successfully passed the judiciary committee by a vote of 27–15 on April 12, 2007. At the time, Connecticut became only the third state in U.S. history, after Massachusetts, then California, to have a legislative body vote in favor of same-sex marriage. Opponents of same-sex marriage have said they want a non-binding public referendum on the issue, however not a single legislator, Democrat or Republican, introduced a bill that would have done so. When it was offered in committee as an amendment, it was defeated by a bipartisan vote.

Governor Jodi Rell had said she would veto any same-sex marriage legislation that came across her desk. She said the civil unions law "covered the concerns that have been raised".^[13] The bill was never submitted to the full House or Senate prior to adjournment of the 2007 session, and it is superfluous because the October 2008 court decision mandated the right to same-sex marriage.

Updates to all marriage statutes

On April 22, 2009 lawmakers of Connecticut both in the House (vote 100-44) and in the Senate (vote 28-7) agreed to repeal all the old marriage laws and fully replace them with genderless quotes and all references to marriage will be fully gender-neutral. Governor Jodi Rell, a Republican, signed the law on April 23. On October 1, 2010, civil unions ceased to be provided and existing civil unions were automatically converted into marriages. Until then, existing civil unions were kept and couples could upgrade to marriage voluntarily.^{[14][15][16][17]} Same-sex marriages, civil unions and broad domestic partnerships from other jurisdictions are legally treated as marriages in Connecticut.^[5]

Public opinion

A Quinnipiac University poll^[18] released April 7, 2005, the day after the Senate approved civil unions, showed that 56% of registered voters were in support of their action, while 37% were opposed to it. The poll shows 42% approved same-sex marriage, while 53% opposed. Democrats backed same-sex civil unions 66–29 percent and same-sex marriage 53–42 percent. Republicans were narrowly divided on civil unions, with 45 percent in favor and 48 percent opposed. But Republicans opposed same-sex marriage 70–26 percent. Independent voters supported civil unions 56–37 percent, but opposed same-sex marriage 52–42 percent. Women voters supported civil unions 60–34 percent, but split 47–48 percent on same-sex marriage. Men backed civil unions 52–42 percent, but opposed same-sex marriage 59–36 percent.

A September 2011 Public Policy Polling survey found that 55% of Connecticut voters thought that same-sex marriage should be legal, while 32% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 81% of respondents supported legal recognition of same-sex couples, with 47% supporting same-sex marriage, 34% supporting civil unions, 16% opposing all legal recognition and 3% not sure.^[19]

See also

• LGBT rights in Connecticut
• Same-sex marriage in the United States
• Same-sex marriage in New England
• Same-sex marriage legislation in the United States
• Same-sex marriage law in the United States by state
• Public opinion of same-sex marriage in the United States
• Same-sex marriage status in the United States by state
• Rights and responsibilities of marriages in the United States
• History of civil marriage in the United States

References

1. ^ "Same-sex marriages to begin Nov. 12 in Connecticut". 365Gay.com (via Associated Press). 11.04.2008. http://www.365gay.com/news/same-sex-marriages-to-begin-nov-12-in-connecticut/. Retrieved 2008-12-10. 
2. ^ Same-sex marriages and civil unions in Connecticut
3. ^ ^{a b c} "Connecticut Supreme Court legalizes same-sex marriage". The Boston Globe. 2008-10-10. http://www.boston.com/news/local/breaking_news/2008/10/connecticut_sup.html. Retrieved 2010-11-26. 
4. ^ US state legalises gay marriage BBC News
5. ^ ^{a b} "GLAD guide to Connecticut Civil Unions". http://www.glad.org/uploads/docs/publications/ct-civil-union.pdf. 
6. ^ Gay Couples Lose Connecticut Marriage Case
7. ^ Advance opinion from the Connecticut Supreme Court
8. ^ Gay Marriages Begin in Connecticut
9. ^ Gay weddings begin in Connecticut as debate rages
10. ^ George, Robert P.. Gay Marriage, Democracy, and the Courts. http://online.wsj.com/article/SB10001424052970204619004574322084279548434.html. Retrieved 13 September 2009. 
11. ^ Holloway, Carson. "Same-Sex Marriage and the Civil-Rights Movement: A Problematic Analogy". http://www.thepublicdiscourse.com/2009/08/778. Retrieved 13 September 2009. 
12. ^ Raised H.B. No. 7395
13. ^ "Marriage Equality Bill Announced:Same-Sex Couples Seek the Freedom to Marry in Connecticut". Love Makes a Family. January 31, 2007. http://www.lmfct.org/site/PageServer?pagename=PressRelease07. Retrieved 2008-12-10. ^{[dead link]}
14. ^ Substitute for Raised S.B. No. 899 Session Year 2009
15. ^ AN ACT IMPLEMENTING THE GUARANTEE OF EQUAL PROTECTION UNDER THE CONSTITUTION OF THE STATE FOR SAME SEX COUPLES
16. ^ Connecticut Gov. signs gay marriage into law
17. ^ Conn. gov. signs bill updating marriage laws
18. ^ "Complete Poll Results". http://www.quinnipiac.edu/x11359.xml. 
19. ^ CT likes gay marriage being legal, wants UConn in Big East