The WBA commends the Connecticut Supreme Court in joining the highest courts of Massachusetts and California in applying constitutional protections to all of its citizens.  Last week, the Court issued a ruling in Kerrigan v. Commissioner of Public Health, holding unconstitutional state regulations which prohibited same sex couples from marrying.  The Court stated, “We conclude that, in light of the history of pernicious discrimination faced by gay men and lesbians, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody, the segregation of heterosexual and homosexual couples into separate institutions constitutes a cognizable harm.”

The Court highlighted the importance of the right to marriage in and of itself, rejecting the trial court’s holding that a civil union provides same sex couples precisely the same benefits as legal marriage.  In the opinion, the Court applied a heightened level of scrutiny to the statutory scheme preventing same sex marriage.  Noting its accord with the California Supreme Court, the Court rejected defendants’ argument that same sex and opposite sex couples should be not be considered similarly situated for purposes of the constitutional analysis.  The Court also held that allowing same sex marriage does not affect marriage as an institution or the rights of opposite-sex couples, stating, “Nor will same sex marriage deprive opposite sex couples of any rights.  In other words, limiting marriage to opposite sex couples is not necessary to preserve the rights that those couples now enjoy.” 

The WBA makes special note of this opinion, as it represents one more state that recognizes the importance of protecting basic equality and promoting fairness in marriage rights.  As an organization that promotes justice and equality under the law, the WBA has prioritized same sex marriage as a core legislative and civil rights issue.   

WBA President Kathy Jo Cook stated, “Whether through testifying before the Massachusetts state legislature, alerting the public to the importance of these issues, or educating our membership, we have been longtime advocates of the right for same sex couples to marry as well as the responsibility of government to protect that right.  We are pleased that the Connecticut Supreme Court took on this issue and recognized that same sex couples deserve equal marriage rights.”