Civil Unions
In 2005, the state passed a civil union statute that gave same-sex couples the same legal rights and obligations as married couples. After Vermont, Connecticut became the second state in the union to legalize civil unions; it was the first to do so without judicial approval. On April 13, the House of Representatives voted 85-63 to pass the measure, and on April 20, the Senate voted 26-8 to pass it. Later that day, Governor Jodi Rell signed the legislation into law, which became effective on October 1, 2005.
The only reason Connecticut recognized same-sex relationships before the civil union legislation was so that state employees’ same-sex partners could get benefits.
All current civil unions were automatically converted into marriages on October 1, 2010, as a result of the Supreme Court of Connecticut’s October 2008 decision, which concluded that civil unions did not give same-sex couples the privileges and obligations of marriage.
Same-Sex Marriage
The Judiciary Committee’s co-chairmen, State Senator Andrew J. McDonald and State Representative Michael Lawlor, announced the initiation of a measure on January 31, 2007, which would grant same-sex couples in the state of Connecticut full marriage privileges. On April 12, 2007, the Judiciary Committee approved HB 7395 by a vote of 27 to 15. Governor Jodi Rell stated she would veto any same-sex marriage law.
Before the end of the 2007 legislative session, the bill was never sent to the full House or Senate.
On April 22, 2009, legislators in Connecticut decided to change all statutory references to marriage to gender-neutral terminology. This was approved by both the House (by a vote of 100-44) and the Senate (by a vote of 28-7). On April 23, Republican governor Jodi Rell signed the legislation.
Civil unions were no longer performed as of October 1, 2010, and any existing civil unions were immediately changed to marriages. Before that time, partners in Connecticut civil unions could voluntarily become married.
Domestic partnerships, civil unions, and same-sex marriages from other states are considered marriages in Connecticut.
Lawsuits
In August 2004, Gay & Lesbian Advocates & Defenders (GLAD), on behalf of eight same-sex couples from Connecticut, filed a lawsuit in state court to challenge what they deemed to be the state’s discriminatory exclusion of same-sex couples from the right to marry. Kerrigan v. Commissioner of Public Health. The Madison registrar of vital statistics, Dorothy Dean, and the Connecticut Department of Public Health were both sued by the couples, seven of whom had been refused marriage licenses in Madison.
The Connecticut Civil Liberties Union sided with them in their claim that this discrimination violated the equality and freedom clauses of the Connecticut Constitution. The Family Institute of Connecticut opposed the case, but they were not allowed to be an intervenor.
A Superior Court judge decided against the plaintiffs on July 12, 2006, stating that: “In Connecticut, civil union and marriage now share the same rights, protections, and duties under the law.” The Connecticut Constitution does not specify that the terms “equal protection” and “due process of law” must be used interchangeably.
The judge concluded that it was not against the Connecticut Constitution to forbid same-sex couples from getting married.
On May 14, 2007, the plaintiffs in Kerrigan v. Commissioner of Public Health appealed to the Supreme Court of Connecticut, which heard their case. The court ruled on October 10, 2008, ensuring same-sex couples’ right to get married.
The Connecticut Constitution’s equality and liberty clauses were violated, and the court concluded 4-3 by denying same-sex couples the opportunity to wed.
The court ruled that it would be unlawful to pass laws that would regard same-sex partnerships as civil unions rather than marriage to reduce same-sex couples to a status less than full marriage:
“Despite the legislature’s admirable efforts to equalize the legal protections provided to same-sex and opposite-sex couples, there is little question that civil unions are less respected in our society than marriage.”
The first marriage licenses for same-sex couples in Connecticut were granted on November 12, 2008. Plaintiffs in the Kerrigan lawsuit, Robin and Barbara Levine-Ritterman in New Haven and Elizabeth Kerrigan and Joanne Mock-Kerrigan in West Hartford, were among the first couples to acquire marriage licenses.
The court’s ruling gave Connecticut the third state in the union to recognize same-sex unions.
Still, by the time Connecticut witnessed its first such unions, Californians had imposed a ban on them through a ballot initiative. In response to the decision, Governor Rell stated:
“The Supreme Court made its decision. They don’t, in my opinion, speak for the majority of Connecticut. However, I’m also certain that legislative efforts or attempts to change the state Constitution won’t succeed in overturning this choice.” Civil rights advocate Donald E. Williams Jr. referred to it as a ‘win.’”
Before the court’s ruling, a coalition of organizations advocated a November referendum on the call for a constitutional convention, including the state’s Roman Catholic bishops and the Family Institute of Connecticut.
Voters rejected calling a constitutional convention on November 4, 2008, by a 2 to 1 margin.
Tepler v. Mueller
On July 16, 2014, the Connecticut Supreme Court unanimously decided that same-sex couples who started dating before the state granted legal recognition to their relationship have the same rights as married couples, overturning decisions made by lower courts. In the case of Mueller v. Tepler, a woman was able to bring a medical malpractice claim based on the care her female partner received between 2001 and 2004 for the loss of income and companionship.
Native Americans
Since April 29, 2010, same-sex unions have been permitted on Mashantucket Pequot Tribe reservations. According to the Tribal Code, as long as both partners are of legal age to marry and comply with all other legal conditions, “two persons may be joined in marriage.” Outside of the tribe’s jurisdiction, marriages are recognized as valid if they are recognized in the jurisdiction in which they were consummated.
Statistics on Marriage and the Population
In Connecticut, there were 7,386 same-sex couples, according to data from the 2000 U.S. Census. Due to same-sex couples’ growing willingness to report their relationships on government surveys, this figure rose to 10,174 couples by 2005. Same-sex couples comprised 0.6% of all households and 1.1% of coupled households in the state, living in every county.
The counties with the highest proportion of same-sex couples were Litchfield (0.60% of all county households) and Hartford (0.59%), where most couples resided. In Connecticut, same-sex partners were often younger and more likely to be in the workforce than opposite-sex couples.
Additionally, same-sex couples had higher median household incomes than heterosexual couples, but they were much less likely to be homeowners than partners of the opposite sex. In Connecticut, 19% of same-sex couples were responsible for raising children under 18, with an estimated 3,140 kids residing in such households in 2005.
Should I Seek Legal Advice?
Making difficult legal decisions can be a part of planning to start a life with your spouse. Same-sex relationships may encounter obstacles when defending their rights. You might wish to speak with a Connecticut family lawyer regarding your marriage.
