CIVIL UNIONS

The Connecticut Supreme Court issued a decision in Kerrigan et al. v. Commissionr of Public Health et al. finding that the bar against same sex marriage violated the equal protection principles of Connecticut's Constitution.  On November 12, 2008, the Supreme Court struck down the state's civil union law and ruled that same-sex couples have a constitutional right to marry.

Many questions from local registrars and the general public were not addressed in the Kerrigan decision, so the State Registrar of Vital Records solicited the opinion of the Attorney General for guidance.  Following are the questions asked of the Attorney General and the corresponding response.

What is the status of civil unions in Connecticut?  Is it still an option available for same sex couples?
The Connecticut Supreme Court's decision does not address the status of civil unions.  Therefore, unless the legislature acts to repeal the civil union laws, a civil union remains a valid option for same sex couples.

If a couple has entered into a civil union, must the civil union be dissolved prior to entering into a marriage?
As long as a person is marrying his or her current civil union partner, dissolution of the civil union will NOT be required prior to entering into marriage.

Do the age restrictions that prohibit persons under 18 from entering into civil unions also apply to same sex marriage?
The age restrictions for civil unions do NOT apply to same sex marriage.  Nothing in the Connecticut marriage statutes distinguish between same sex and opposite sex marriage applicants, thus persons under 18 years of age may enter into a same sex marriage with the proper consent.

Will out of state same sex marriages be recognized in Connecticut?
A same sex marriage entered into in Massachusetts or California will now be recognized in Connecticut, so anyone who is already married in these states CANNOT enter into a Connecticut marriage.

Can a person authorized to perform marriages refuse to marry a same sex couple?
Connecticut law does not impose a duty on persons authorized to perform marriages to officiate a ceremony for any particular couple or establish a right for a couple to have a marriage ceremony performed by a particular authorized person.  However, as is curently the case, public officials who have been authorized to perform marriages, may not refuse to perform a marriage for discriminatory reasons, in violation of the Connecticut Constitution.