Friday, October 10, 2008

Connecticut: State supreme court upholds gay marriage


In the case Elizabeth Kerrigan v. Commissioner of Public Health in Connecticut, officially to be published Oct. 28, 2008, and argued May 14, 2007 the Connecticut state supreme court has ruled that the state must recognized same-sex marriages. The 85-page PDF file for the opinion is here.  
The arguments are fairly traditional or conventional in nature, and refer to the long but changing social history of the disapproving attitude of society toward homosexuality. The opinion quotes a sentence from Lawrence v. Texas that mentions the older concerns over “respect for the traditional family” (that is, “karma”).

AOL carried the AP story and runs a poll that shows only a 54-46 range of disapproval of same-sex marriage in 10000 responses.

The majority opinion was written by Richad N. Palmer. A dissenting opinion by Peter T. Zarella wrote that traditional marriage law was a mechanism for society to “privilege and regulate procreative conduct” but the word “privilege” admits that the resources of persons who do not procreate can sometimes be compromised for the benefit of those who do.

Connecticut is the third state to officially recognize gay marriage, after state supreme court wins in Massachusetts and California. Civil unions are recognized in these states: Vermont, New Jersey, New Hampshire, Oregon, Hawaii, Maine, Washington and the District of Columbia.

The AOL copy of the AP story, by David Collins is here.

Lambda Legal Defense and Education Fund (LLDEF) has a story here.

The AP link, this time featured on the AP home page today, is here.

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