Connecticut- Cause for Celebration

The other day, the Connecticut Supreme Court ruled that same-sex couples have the constitutional right to marry and got rid of their civil union law. This makes Connecticut the third state to legalize same-sex marriages. However, this ruling is slightly different than the previous two states’ (California and Massachusetts) in that it not only legalized gay marriage but also declared that civil unions violate the equal protection clause of their state constitution.

The ruling was groundbreaking in various respects. In addition to establishing Connecticut as the third state to sanction same-sex marriage, it was the first state high court ruling to hold that civil union statutes specifically violated the equal protection clause of a state constitution. The Massachusetts high court held in 2004 that same-sex marriages were legal, while California’s court decision in May related to domestic partnerships and not the more broadly defined civil unions.

Though I believe that civil unions have been beneficial and important to many committed couples, they are not a sufficient separate-but-equal alternative to marriage regardless of the legal benefits conferred by them. Justices Palmer, Flemming L. Norcott Jr., Joette Katz, and Lubbie Harper got it right when they agreed that “The former is an institution of transcendent historical, cultural and social significance, whereas the latter is not.” (The former=marriage. The latter=civil unions.) But also for this reason, I think that both the option to marry and the option to obtain civil unions should be and remain available to all committed couples.

Many, many things about the recent Biden/Palin vice presidential debate saddened me, not the least of which is that neither of the two main parties in the country is ready to attribute more value to equal respect for all citizens (this includes sharing the word marriage; favoring respectful treatment for all over the hoarding of language and value systems which disparage particular groups of them) than to hurtful notions of tradition and to ideologies of hatred and fear. Patience is not always a virtue!

But: slowly, steadily, the LGBT community and allies are gaining ground.

Posted under Politics, Sexuality

This post was written by Emily on October 13, 2008

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