NYT Analysis: Connecticut Gay Marriage Ruling “groundbreaking in various respects,” first to cite equal protection clause

Posted on October 11, 2008
Filed Under Uncategorized

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.

The Connecticut decision, which elicited strong dissenting opinions from three justices, also opened the door to marriage a bit wider for gay couples in New York, where state laws do not provide for same-sex marriages or civil unions, although Gov. David A. Paterson recently issued an executive order requiring government agencies to recognize same-sex marriages performed in other states.

The opinion in Connecticut was hailed by jubilant gay couples and their advocates as a fulfillment of years of hopes and dreams. Hugs, kisses and cheers greeted eight same-sex couples as they entered the ballroom at the Hartford Hilton, where four years ago they had announced they would file a lawsuit seeking marriage licenses.

One of those couples, Joanne Mock, 53, and her partner, Elizabeth Kerrigan, 52, stood with their twin 6-year-old sons, choking back tears of joy and gratitude. Another plaintiff, Garret Stack, 59, introduced his partner, John Anderson, 63, and said: “For 28 years we have been engaged. We can now register at Home Depot and prepare for marriage.”

Religious and conservative groups called the ruling an outrage but not unexpected, and spoke of steps to enact a constitutional ban on gay marriage. Peter Wolfgang, executive director of the Family Institute of Connecticut, blamed “robed masters” and “philosopher kings” on the court. “This is about our right to govern ourselves,” he said. “It is bigger than gay marriage.” MORE