Same-sex marriage in Connecticut
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| Same-sex marriage |
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Netherlands (2001) |
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Argentina |
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Civil union |
Same-sex marriage is not currently recognized or allowed in the State of Connecticut. However, in 2005, the Connecticut General Assembly passed a bill to adopt civil unions, which allow same-sex couples to receive statewide benefits. It was signed into law by Governor M. Jodi Rell, a Republican, on April 20, 2005. Civil unions provide same sex couples with many of the same rights and responsibilities as marriage, including a voice in medical-care issues and legal standing to inherit money and property. Connecticut became the fifth state in the United States (following Vermont, Maine, California, and New Jersey) to adopt civil unions or domestic partnership, and the first to do so without judicial intervention.
Full marriage rights for same-sex couples are still not available, but may be provided by a pending legal case. A ruling in the affirmative for the same-sex plaintiffs in the case could force the state to immediately start issuing licenses to gay and lesbian couples. The Court could also rule in favor of the plaintiffs, but tell the Legislature it must change the law within a certain window of time, just as the Massachusetts Supreme Judicial Court did — and if the legislature failed to act, gay marriage would automatically become the law when the window period expires. The Court, could, also uphold a Superior Court decision which ruled Connecticut's Civil Union law is enough to comply with the liberty and equal provisions clause of the Connecticut Constitution.
End January 2007, a bill is announced to legalize same-sex marriage in Connecticut but Governor Jodi Rell said she would veto it.
There is no violation of civil rights un Connecticut Law.
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[edit] Background
Connecticut is a state that is traditionally quite liberal on most political issues. However, most gay rights activists don't see the Connecticut legislature addressing the issue in the near future. In most states, legislatures have voted against same-sex marriage. Thus, the only avenue left is to take the matter to Court.
A bill was passed by the Connecticut Senate on April 6, 2005 in a 27-9 vote in favor of civil unions. Six of the Senate's 12 Republicans and 21 of the 24 Democrats voted for the bill. Six Republicans and three Democrats voted against it. Connecticut General Assembly oval of the Senate came after the bill cleared the powerful Judiciary Committee in a 25-13 vote, and after Governor Jodi Rell (a moderate Republican) gave her support for the measure. The bill, however, contained a clause that affirms that marriage is an institution between one man and one woman. The bill went into effect in October, 2005.
An amendment to specifically define "marriage" as being between one man and one woman failed on a 23-10 vote.
The plaintiff couples, who have been in committed relationships for between 10 and 28 years, many of them raising children, contend that only marriage will provide them with the protections and benefits they need to live securely as a family. Five of the seven couples have young children; some have faced health issues and worry about being denied access to one other in times of crisis. While all the couples are concerned about receiving the full range of protections that only flow through marriage, many also believe that only marriage will convey the depth and commitment of their relationships to their families and the world at large.
GLAD is representing the plaintiffs in cooperation with Maureen Murphy of Murphy, Murphy, Nugent in New Haven, Kenneth J. Bartschi of Horton, Shields & Knox in Hartford, and the Connecticut Civil Liberties Union. The defendants are the Connecticut Department of Public Health (DPH), which supervises the registration of all marriages, and Dorothy C. Bean, the town registrar of vital statistics in Madison, who denied plaintiffs marriage licenses.
The case is Kerrigan & Mock v. CT Dept. of Public Health
[edit] Timeline
August 25, 2004: Eight couples from across Connecticut filed suit in New Haven Superior Court, challenging the State's discriminatory exclusion of same-sex couples from the right to marry. The case is called Kerrigan & Mock v. Connecticut Department of Public Health. [1]
July 28, 2005: GLAD filed its opening briefs with the trial court, arguing that denying same-sex couples the right to marry violates the equality and liberty provisions of the Connecticut Constitution. The case is expected to be heard in New Haven Superior Court at the end of 2005.
March 21, 2006: Plaintiffs appear in front of Superior Court Judge Patty Jenkins, arguing the civil union law does not go far enough as it puts them in a separate category, and civil union status still denies them their fundamental right to marry their life partner. They contend by denying them the ability to marry, the State is violating the liberty and equal provision of Connecticut's Constitution. They also say they are tired of having to try to answer questions from their children as to why they are not married. The Herald
July ??, 2006: A Connecticut lower court judge rules that the Connecticut Family Institute should not be allowed to intervene in the case. The CFI had claimed the Attorney General's office wasn't vigorously defending Connecticut's marriage law, and they wanted to present evidence that it says shows children are hurt by living in gay and lesbian homes. The group says it will appeal the decision to the Supreme Court of Connecticut. [2]
July 12, 2006: Superior Court Judge Patty Jenkins rules that denying same-sex couples the right to marry does not violate the Constitution of Connecticut. "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 plaintiffs say they will appeal the ruling.
August 08, 2006: The Connecticut Supreme Court denies the Family Institute of Connecticut intervenor status in the case.
[edit] Connecticut Supreme Court decision
There is no decision on same-sex marriage from the Supreme Court of Connecticut, because the case has yet to be heard.
[edit] Facts and figures
The 2000 U.S. Census found 7,400 same-sex couples living in Connecticut.
[edit] Opinion polls
A Quinnipiac University poll released April 7th, a day after the Senate approved civil unions, showed that 56% of registered voters in support, while 37% are opposed. The poll shows 53% oppose same-sex marriage, while 42% approve.
Democrats back same-sex civil unions 66 – 29 percent and gay marriage 53 – 42 percent. Republicans are narrowly divided on civil unions, with 45 percent in favor and 48 percent opposed. But Republicans opposed gay marriage 70 – 26 percent. Independent voters support civil unions 56 – 37 percent, but oppose gay marriage 52 – 42 percent.
Women voters support civil unions 60 – 34 percent, but split 47 – 48 percent on gay marriage. Men back civil unions 52 – 42 percent, but oppose gay marriage 59 – 36 percent.
[edit] New elements
On January 31st, 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. Opponents of same-sex marriage said Wednesday that they want a non-binding public referendum on the issue. McDonald and Lawlor said they would oppose a referendum because there’s no process for which to hold a non-binding referendum in the state.
But overall, Governor Jodi Rell said last week she would veto any same-sex marriage legislation that came across her desk. She said the civil unions bill that passed two years ago “covered the concerns that have been raised.” [3] & [4].
[edit] See also
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Freedom to Marry Coalition
- History of civil marriage in the U.S.
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