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Same-sex marriage has been legally recognized in Connecticut since November 12, 2008, following a state court decision that found the state's civil unions failed to provide same-sex couples with rights and privileges equivalent to those of marriage. Connecticut was the second U.S. state to legalize same-sex marriage, after neighboring Massachusetts.
The state enacted a civil union law in 2005 that provided same-sex couples with the same rights and responsibilities under state law as marriage, while also explicitly defining marriage as between one man and one woman. Connecticut became the second state in the United States, following Vermont, to adopt civil unions, and the first to do so without judicial intervention. The bill was passed by the House of Representatives on April 13 in an 85–63 vote and by the Senate on April 20 in a 26–8 vote. Governor Jodi Rell signed the bill into law later the same day, and it went into effect on October 1, 2005. [1]
Prior to the passage of the civil union legislation, Connecticut had recognized same-sex relationships solely for the purpose of providing benefits to same-sex partners of state employees. [2]
Following the Supreme Court of Connecticut's October 2008 ruling which found that civil unions failed to provide same-sex couples with the rights and responsibilities of marriage, all existing civil unions were automatically transformed into marriages on October 1, 2010. [3]
On January 31, 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. The bill, HB 7395, [4] passed the Judiciary Committee by a vote of 27–15 on April 12, 2007. Governor Jodi Rell said she would veto any same-sex marriage legislation. [5] The bill was never submitted to the full House or Senate prior to the adjournment of the 2007 legislative session.
On April 22, 2009, Connecticut legislators, both in the House (by a 100–44 vote) and in the Senate (by a 28–7 vote), agreed to replace all statutory references to marriage with gender-neutral language. Governor Jodi Rell, a Republican, signed the law on April 23. The definition of marriage in Connecticut is now the following: [6]
Marriage means the legal union of two persons. [CT Gen Stat § 46b-20]
On October 1, 2010, civil unions ceased to be performed, and existing civil unions were automatically converted into marriages. Before that date, couples in existing Connecticut civil unions could convert them to marriages voluntarily. [7] [8] [9] [10] Same-sex marriages, civil unions and domestic partnerships from other jurisdictions are legally treated as marriages in Connecticut. [3]
In August 2004, Gay & Lesbian Advocates & Defenders (GLAD) representing eight same-sex couples from Connecticut filed a lawsuit in state court, challenging what they described as the state's discriminatory exclusion of same-sex couples from the right to marry. The couples, seven of whom had been denied marriage licenses in Madison, sued the Connecticut Department of Public Health and the Madison registrar of vital statistics, Dorothy Dean. They argued that this discrimination violated the equality and liberty provisions of the Constitution of Connecticut and were supported by the Connecticut Civil Liberties Union. The case was opposed by the Family Institute of Connecticut, which was denied intervenor status in the case.
On July 12, 2006, a Superior Court judge ruled against the plaintiffs, finding that:
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 judge concluded that denying same-sex couples the right to marry did not violate the Connecticut Constitution. [11] The Supreme Court of Connecticut heard an appeal by the plaintiffs in Kerrigan v. Commissioner of Public Health on May 14, 2007. On October 10, 2008, the court released an opinion guaranteeing marriage rights to same-sex couples. [12] [13] The court ruled 4–3 that denying same-sex couples the right to marry violated the equality and liberty provisions of the Constitution of Connecticut. [13] The court also held that it would be unconstitutional to relegate same-sex couples to a status less than full marriage by enacting legislation treating same-sex unions as civil unions rather than marriage:
Despite the truly laudable effort of the legislature in equalizing the legal rights afforded same sex and opposite sex couples, there is no doubt that civil unions enjoy a lesser status in our society than marriage.
On November 12, 2008, the first marriage licenses were issued to same-sex couples in Connecticut. Among the first couples to obtain marriage licenses were plaintiffs in the Kerrigan case, Robin and Barbara Levine-Ritterman in New Haven, and Elizabeth Kerrigan and Joanne Mock-Kerrigan in West Hartford. [14] [15] The court decision made Connecticut the third U.S. state to recognize same-sex marriage, but by the time the first same-sex marriages were solemnized in Connecticut, California voters had approved a same-sex marriage ban by referendum. Governor Rell reacted to the ruling by issuing the statement: "The Supreme Court has spoken. 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." State Senator Donald E. Williams Jr. called it a "civil rights victory". [16]
Before the court issued its decision, a coalition of groups that included such opponents of same-sex marriage as the state's Roman Catholic bishops and the Family Institute of Connecticut supported a November referendum on a proposal to convene a constitutional convention. [17] [18] On November 4, 2008, voters opposed calling a constitution convention by a 2 to 1 margin. [19] [20]
On July 16, 2014, the Connecticut Supreme Court, reversing judgments in lower courts, ruled unanimously that a same-sex couple in a relationship established before the state afforded legal recognition to their relationship has the same rights as other married couples. In the case of Mueller v. Tepler, it allowed a woman to pursue a medical practice claim for the loss of income and companionship based on the care her female partner received between 2001 and 2004. [21]
Same-sex marriage has been legal on the reservation of the Mashantucket Pequot Tribe since April 29, 2010. The Tribal Code states that "two persons may be joined in marriage" provided the parties are of marriageable age and meet all the legal requirements to marry. Marriages entered into outside the tribe's jurisdiction are valid if they are valid in the jurisdiction where they were entered into. Marriages performed under native Pequot custom, known as wuhsintamuwôk (pronounced [wʌhsɪntəmʌˈwɔ̃ːk] ), are also recognized on the reservation. [22]
While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. This two-spirit status allowed for marriages between two biological males to be performed among some of these tribes. [23] In the Mohegan-Pequot language, two-spirit individuals are known as nis mucuhcôqak (pronounced [nɪsmʌtʃʌhˈtʃɔ̃ːkʷək] ). [24]
Data from the 2000 U.S. census showed that 7,386 same-sex couples were living in Connecticut. By 2005, this had increased to 10,174 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state, and constituted 1.1% of coupled households and 0.6% of all households in the state. Most couples lived in Hartford, Fairfield and New Haven counties, but the counties with the highest percentage of same-sex couples were Litchfield (0.60% of all county households) and Hartford (0.59%). Same-sex partners in Connecticut were on average younger than opposite-sex partners, and more likely to be employed. In addition, the median household income of same-sex couples was higher than different-sex couples, but same-sex couples were far less likely to own a home than opposite-sex partners. 19% of same-sex couples in Connecticut were raising children under the age of 18, with an estimated 3,140 children living in households headed by same-sex couples in 2005. [25]
From 2009 to 2021, 13,766 same-sex marriages were performed in the state of Connecticut: [26] 543 in 2008, 2,706 in 2009, 1,791 in 2010, 1,262 in 2011, 668 in 2012, 1,356 in 2013, 1,057 in 2014, 689 in 2015, 704 in 2016, 672 in 2017, 639 in 2018, 617 in 2019, 549 in 2020, and 513 in 2021. [27] The Connecticut Department of Public Health has collected data on the county of occurrence of same-sex marriages since 2016, as shown below: [28]
| Year | Fairfield | Hartford | Litchfield | Middlesex | New Haven | New London | Tolland | Windham | Total |
|---|---|---|---|---|---|---|---|---|---|
| 2016 | 145 | 174 | 41 | 32 | 181 | 88 | 19 | 24 | 704 |
| 2017 | 142 | 161 | 46 | 34 | 183 | 71 | 16 | 19 | 672 |
| 2018 | 140 | 141 | 35 | 43 | 167 | 65 | 26 | 22 | 639 |
| 2019 | 149 | 154 | 22 | 39 | 169 | 55 | 14 | 15 | 617 |
| 2020 | 155 | 133 | 28 | 21 | 132 | 50 | 15 | 15 | 549 |
| 2021 | 126 | 110 | 26 | 37 | 129 | 58 | 14 | 13 | 513 |
The 2020 U.S. census showed that there were 7,760 married same-sex couple households (3,432 male couples and 4,328 female couples) and 4,881 unmarried same-sex couple households in Connecticut. [29]
| Poll source | Date(s) administered | Sample size | Margin of error | % support | % opposition | % no opinion |
|---|---|---|---|---|---|---|
| Public Religion Research Institute | March 11 – December 14, 2022 | ? | ? | 81% | 18% | 1% |
| Public Religion Research Institute | March 8 – November 9, 2021 | ? | ? | 77% | 21% | 1% |
| Public Religion Research Institute | April 5 – December 23, 2017 | 659 random telephone interviewees | ? | 73% | 20% | 7% |
| Public Religion Research Institute | May 18, 2016 – January 10, 2017 | 1,073 random telephone interviewees | ? | 70% | 20% | 10% |
| Public Religion Research Institute | April 29, 2015 – January 7, 2016 | 872 random telephone interviewees | ? | 70% | 24% | 7% |
| New York Times/CBS News/YouGov | September 20 – October 1, 2014 | 1,284 likely voters | ± 3.3% | 61% | 26% | 13% |
| Public Religion Research Institute | April 2, 2014 – January 4, 2015 | 565 random telephone interviewees | ? | 67% | 26% | 7% |
| Public Policy Polling | July 26–29, 2012 | 771 voters | ± 3.53% | 55% | 33% | 12% |
| Public Policy Polling | September 22–25, 2011 | 592 voters | ± 4% | 55% | 32% | 13% |
| Quinnipiac University Polling Institute | March 29 – April 4, 2005 | 1,541 registered voters | ± 2.5% | 42% | 53% | 6% |
| Quinnipiac University Polling Institute | May 26 – June 1, 2004 | 1,350 registered voters | ± 2.7% | 45% | 50% | 5% |
| Quinnipiac University Polling Institute | October 1–7, 2003 | 1,519 voters | ± 2.5% | 44% | 50% | 6% |
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
Mary Carolyn "Jodi" Rell is an American former politician who served as the 87th governor of Connecticut from 2004 to 2011. Rell also served as the state's 105th lieutenant governor of Connecticut from 1995 to 2004 under Governor John G. Rowland, and became governor after Rowland resigned from office. She remains the most recent Republican governor of Connecticut.
Same-sex marriage has been legal in Vermont since September 1, 2009. Vermont was the first U.S. state to introduce civil unions on July 1, 2000, and the first to introduce same-sex marriage by enacting a statute without being required to do so by a court decision. Vermont was the fourth state to legalize same-sex marriage after Massachusetts, Connecticut, and Iowa.
Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, the Legislature passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol. The court generally holds eight sessions of two to three weeks per year, with one session each September through November and January through May. Justices are appointed by the governor and then approved by the Connecticut General Assembly.
Same-sex marriage has been legally recognized in the US state of Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were performed on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.
Same-sex marriage has been legally recognized in Maryland since January 1, 2013. In 2012, the state's Democratic representatives, led by Governor Martin O'Malley, began a campaign for its legalization. After much debate, a law permitting same-sex marriage was passed by the General Assembly in February 2012 and signed on March 1, 2012. The law took effect on January 1, 2013 after 52.4% of voters approved a statewide referendum held on November 6, 2012. The vote was hailed as a watershed moment by gay rights activists and marked the first time marriage rights in the United States had been extended to same-sex couples by popular vote.
Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.
Same-sex marriage has been legal in New Hampshire since January 1, 2010, based on legislation signed into law by Governor John Lynch on June 3, 2009. The law provided that civil unions, which the state had established on January 1, 2008, would be converted to marriages on January 1, 2011, unless dissolved, annulled, or converted to marriage before that date.
Same-sex marriage has been legal in Ecuador since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The ruling took effect upon publication in the government gazette on 8 July. Ecuador became the fifth country in South America to allow same-sex couples to marry, after Argentina, Brazil, Uruguay and Colombia, but adoption by married couples remains restricted to opposite-sex couples. The country has also recognized same-sex civil unions since 2008.
Peter T. Zarella is a former Associate Justice of the Connecticut Supreme Court. Zarella sat on the court he was appointed by Governor John G. Rowland in January 2001 until his retirement on December 31, 2016.
Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that allowing same-sex couples to form same-sex unions but not marriages violates the Connecticut Constitution. It was the third time that a ruling by the highest court of a U.S. state legalized same-sex marriage, following Massachusetts in Goodridge v. Department of Public Health (2003) and California in In re Marriage Cases (2008). The decision legalized same-sex marriage in Connecticut when it came into effect on November 12, 2008. There were no attempts made to amend the state constitution to overrule the decision, and gender-neutral marriage statutes were passed into law in 2009.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in the Cayman Islands. Despite anti-gay attitudes expressed by certain members of the government, social acceptance by the Caymanian public has been known to be some of the best in the Caribbean. Some have attributed this to the strong British influence in the territory.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Same-sex marriage has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.
Mary L. Bonauto is an American lawyer and civil rights advocate who has worked to eradicate discrimination based on sexual orientation and gender identity, and has been referred to by US Representative Barney Frank as "our Thurgood Marshall." She began working with the Massachusetts-based Gay & Lesbian Advocates & Defenders, now named GLBTQ Legal Advocates & Defenders (GLAD) organization in 1990. A resident of Portland, Maine, Bonauto was one of the leaders who both worked with the Maine legislature to pass a same-sex marriage law and to defend it at the ballot in a narrow loss during the 2009 election campaign. These efforts were successful when, in the 2012 election, Maine voters approved the measure, making it the first state to allow same-sex marriage licenses via ballot vote. Bonauto is best known for being lead counsel in the case Goodridge v. Department of Public Health which made Massachusetts the first state in which same-sex couples could marry in 2004. She is also responsible for leading the first strategic challenges to section three of the Defense of Marriage Act (DOMA).
The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.
