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10 October 2008

Developing: Connecticut Supreme Court Rules Gay Couples Can Marry

An historic ruling in Connecticut. Same sex couples have won the right to marry.

Citing the equal protection clause, the Connecticut Supreme Court ruled in favor of eight gay couples who sued the state and charged the 2005 civil unions law is discriminatory.

In a 4-3 decision released at 11:30am, the majority found in Kerrigan & Mock v. Dept. of Public Health that the state's "understanding of marriage must yield to a more contemporary appreciation of the rights entitled to constitutional protection."

"Like these once prevalent views, our conventional understanding of marriage must yield to a more contemporary appreciation of the rights entitled to constitutional protection. Interpreting our state constitutional provisions in accordance with firmly established equal protection principles leads inevitably to the conclusion that gay persons are entitled to marry the otherwise qualified same sex partner of their choice. To decide otherwise would require us to apply one set of constitutional principles to gay persons and another to all others. The guarantee of equal protection under the law, and our obligation to uphold that command, forbids us from doing so. In accordance with these state constitutional requirements, same sex couples cannot be denied the freedom to marry."

Kerrigan & Mock v. Dept. of Public Health dates back to 2004 when eight same-sex couples eight same-sex couples had brought their action after they were denied marriage licenses in 2004 by the Madison town clerk. The full opinion PDF.

According to The New York Times, the "decision takes effect on October 28, and the first same-sex marriages will be able to occur sometime in November."

Connecticut joins Massachusetts and California as the only states that allow same-sex couples to marry. Connecticut, Vermont, New Hampshire and New Jersey have civil unions. Maine, Washington, Oregon and Hawaii have domestic partnership laws that allow same-sex couples to receive some of the same benefits granted to those in civil unions.

This is great news to end an otherwise disappointing week. But make no mistake, with only weeks to go before the November elections, the Republican Party and the social conservatives will probably use this case to exemplify the danger of "activist judges" legislating gay marriage from the bench

Comments

Excellent fabulous wonderful news. My mom lives in Bridgeport. Too bad I am stuck in Pennsylvania, it ain't happening here anytime soon.

Three states down. It looks like New York and New Jersey will be next.

This is great news. When do marriages begin?

I wager that 20 years from now, gay marriage will be more widely accepted and legal across the nation.

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