Waldlaw Blog

Friday, October 10, 2008

Late Breaking News -- Same-Sex Marriage is Legal in Connecticut!

This morning, the Connecticut Supreme Court voted that it is unconstitutional -- under Connecticut's state constitution -- to deny same-sex couples the right to marry. They voted that Connecticut's civil union law -- and the "separate but equal" standard it perpetuates -- is not sufficient to protect same-sex couples and our families. Some choice quotes from the opinion: "[T]he ban on same sex marriage is likely to have an especially deleterious effect on the children of same sex couples. A primary reason why many same sex couples wish to marry is so that their children can feel secure in knowing that their parents' relationships are as valid and as valued as the marital relationships of their friends' parents." "[R]eligious autonomy is not threatened by recognizing the right of same sex couples to marry civilly. Religious freedom will not be jeopardized by the marriage of same sex couples because religious organizations that oppose same sex marriage as irreconcilable with their beliefs will not be required to perform same sex marriages or otherwise to condone same sex marriages or relations. Because, however, marriage is a state sanctioned and state regulated institution, religious objections to same sex marriage cannot play a role in our determination of whether constitutional principles of equal protection mandate same sex marriage." And the punch line: "[O]ur 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." Apparently, for all their money and their lies, the Right cannot stop the tide of equality. To read the whole opinion, go to http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR289/289CR152.pdf

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