Connecticut Supreme Court Overturns Same-Sex Marriage Ban

by Michael Jones · 2008-10-10 09:46:00 UTC

Connecticut Supreme CourtSame-sex marriage bans aren't quite dropping like flies, but today the Connecticut Supreme Court ruled that same-sex couples have the right to marry, effectively overturning the state's ban on gay marriage.

Connecticut now becomes the third state in the country, behind Massachusetts and California, to legalize gay marriage.

So much for Friday not being that much of a news day!

The Connecticut Supreme Court ruled 4-3 that gay and lesbian couples cannot be denied the freedom to marry under the state constitution. What's most interesting about this case, though, is that the court said that Connecticut's civil unions law - which went into effect in 2005 - does not provide same-sex couples with the same rights as heterosexual couples.

That's historic. Because what this does is set a precedent that civil unions are "separate and unequal" to marriage rights. And that could have massive implications in states like Vermont and New Jersey, which recognize civil unions but do not recognize same-sex marriage. Per the Court's ruling:

"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," Justice Richard N. Palmer wrote in the majority opinion. "To decide otherwise would require us to apply one set of constitutional principles to gay persons and another to all others."

Connecticut's Governor, M. Jodi Rell, has said that she does not support the ruling, and that most Connecticut residents likely do not support the ruling. Yet the governor is not going to fight the decision:

"I do not believe their voice reflects the majority of the people of Connecticut. However, I am also firmly convinced that attempts to reverse this decision — either legislatively or by amending the state Constitution — will not meet with success." -- Gov. M. Jodi Rell

As such, let's welcome the newest state to recognize that marriage equality is something all residents should be afforded.

Huge news. We'll have to wait and see whether this has any affect on California's Proposition 8 - the bogus statewide ballot measure that would rescind the right of same-sex couples to marry in California - or how it plays out on the politics of the Presidential race. Expect John McCain and Sarah Palin to come out like gangbusters against the decision, and against what they'll call activist judges. From Obama and Biden -- who knows. My guess is that they'll distance themselves from the ruling, and say that while they support equal rights for LGBT couples, they don't want to redefine marriage. We'll have to wait and see how long these talking points will carry both tickets.

Michael Jones is a Change.org Editor. He has worked in the field of human rights communications for a decade, most recently for Harvard Law School.
PREVIOUS STORY:
Judy Shepard's Statement on the 10th Anniversary of Matthew Shepard's Death
NEXT STORY:
Bullied high schooler convinces MPAA to change ‘Bully’ rating to “PG-13”

COMMENTS (4)

    Comment Policy

    · All fields are required to comment.

    [X]

    Comments on Change.org are meant for further exploration and evaluation of the campaign on Change.org. To that end, we welcome constructive comments. However, we reserve the right to delete comments which, as determined solely in our discretion: (1) are offensive, abusive, or off-topic; (2) include content solely intended to personally attack the campaign creator, (3) are designed to subvert or hijack comment threads rather than contribute to them; and/or (4) violate our terms of service and/or privacy policy. Repeat offenders may be permanently removed from the site at our discretion. Please also be advised that: (A) we do not actively curate and/or monitor in any manner whatsoever the comments made on the Change.org platform, and (B) the creator of each campaign on Change.org may remove any comment at her/his/its discretion.