Connecticut Judicial Branch Law Libraries
Copyright © 2006-2009, Judicial Branch, State of Connecticut. All rights reserved.
A Guide to Resources in the Law Library – 2009 Edition
PUBLIC ACT 09-13 - AN ACT IMPLEMENTING THE GUARANTEE OF EQUAL PROTECTION UNDER THE CONSTITUTION OF THE STATE FOR SAME SEX COUPLES.
To implement the decision of the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health [289 Conn. 135], provide for the recognition of marriages and relationships providing substantially the same rights, benefits and responsibilities entered into in another state or jurisdiction and provide for the merger of existing civil unions into marriages. [2009 Conn. Acts. 13]
Bill (SB 899) Analysis from the Office of Legislative Research [Full-Text]:
SUMMARY: This bill redefines “marriage” as the legal union of two persons. On October 1, 2010, it transforms civil unions into marriages unless they have been annulled or the couple has divorced or is in the process of dissolving their relationship. It exempts clergy; churches; and IRS-qualified, church-controlled organizations from officiating or participating in a marriage ceremony that violates their religious freedom or beliefs. It also (1) provides certain other religious organizations legal protections for refusing to provide services related to marriage ceremonies; (2) leaves unchanged the authority of fraternal benefit societies to determine membership and beneficiaries; and (3) permits religiously-affiliated organizations that provide adoption, foster care, or social services to operate in the manner they choose so long as the specific program or purpose does not receive state or federal funds.
The bill also repeals provisions in current law that:
1. declare that the current public policy of the state is limited to marriage between a man and a woman and
2. define marriage as the union of one man and one woman.
It establishes a rule controlling when marriages or substantially similar relationships formed in other jurisdictions must be recognized in Connecticut and gives other jurisdictions the discretion to recognize marriages and substantially similar relationships formed in Connecticut.
Many of the bill's provisions conform statutes to the Connecticut Supreme Court's decision in Kerrigan v. Dept. of Public Health, which held that is was unconstitutional to restrict marriage to a man and a woman.
It also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage, except the repeal of the civil union statutes and some conforming provisions are effective October 1, 2010.
Contents
§ 1 Who May Enter into a Civil Union in Connecticut
§ 2 License for a Civil Union in Connecticut
§ 3 Who May Join in a Civil Union
§ 5 Civil Unions Celebrated in Foreign Countries
§ 6 Recognition of Civil Unions by Other States or Federal Government
Tables
Table 11-1 Civil Union Licenses
Table 11-2 Miscellaneous Provisions
Figures:
Figure 1. Public Act 09-13, 2009 Conn. Acts 13
Figure 2. Public Act 05-10, 2005 Conn. Acts 10
Dissolutions of Marriages and Civil Unions in Connecticut
Annulment of Marriage and Civil Unions in Connecticut
· CIVIL UNIONS: “means a union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, between two eligible persons . . . .” Conn Gen. Stats. § 46b-38aa (1) (2009).
· PARTY TO A CIVIL UNION: “means a person who has established a civil union pursuant to sections 46b-38aa to 46b-38oo, inclusive.” Conn Gen. Stats. § 46b-38aa (2) (2009).
· INCORPORATION BY REFERENCE: “Wherever in the general statutes the terms ‘spouse’, ‘family’, ‘immediate family’, ‘dependent’, ‘next of kin’ or any other term that denotes the spousal relationship are used or defined, a party to a civil union shall be included in such use or definition, and wherever in the general statutes, except sections 7-45 [Preparation of certificates] and 17b-137a [Social Security number to be recorded on license applications, certain documents and death certificate. Confidentiality.] of the general statutes, as amended by this act, subdivision (4) of section 45a-727a [State policy re best interest of the child; public policy re marriage.], sections 46b-20 to 46b-34[Marriage], inclusive, section 46b-150d[Emancipation under common law] of the general statutes, as amended by this act, and section 14 of this act, the term ‘marriage’ is used or defined, a civil union shall be included in such use or definition. Conn Gen. Stats. § 46b-38oo (2009). (emphasis added).
· “Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage.” Conn Gen. Stats. § 46b-38nn (2009) as amended by Public Act 09-13.
· “A marriage [civil union] is dissolved only by (1) the death of one of the parties or (2) a decree of annulment or dissolution of the marriage by a court of competent jurisdiction.” Conn. Gen. Stats. § 46b-40(a) (2009). “Civil Unions” incorporation by reference.
· STATISTICS-BY-TOWN: Christopher Reinhart, Senior Attorney, Conn. Gen. Assembly, OLR Report 2007-R-0370 (May 8, 2007). CIVIL UNION STATISTICS BY TOWN.
A Guide to Resources in the Law Library
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SCOPE: |
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DEFINITIONS: |
· ELIGIBLE:“A person is eligible to enter into a civil union if such person is: (1) Not a party to another civil union or a marriage; (2) Of the same sex as the other party to the civil union; (3) At least eighteen years of age; and (4) Not prohibited from entering into a civil union pursuant to section 46b-38cc.” Conn. Gen. Stats. § 46b-38bb (2009). · WHO SHALL NOT ENTER INTO A CIVIL UNION : “(a) A woman shall not enter into a civil union with her mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister. (b) A man shall not enter into a civil union with his father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother. (c) A civil union between persons prohibited from entering into a civil union pursuant to subsection (a) or (b) of this section is void.” Conn. Gen. Stats. § 46b-38cc (2009). · APPLICANT UNDER THE SUPERVISION OR CONTROL OF A CONSERVATOR: “(a) No civil union license may be issued to any applicant under the supervision or control of a conservator, appointed in accordance with sections 45a-644 to 45a-662, inclusive, of the general statutes unless the written consent of the conservator, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a of the general statutes or authorized to take acknowledgments in any other state or country, is filed with the registrar of vital statistics. CONN. GEN. STATS. § 46b-38ii (2009) (b) Any person who enters into a civil union without the consent provided for in subsection (a) of this section shall acquire no rights by such civil union in the property of any person who was under such control or supervision at the time the civil union was entered into.” Conn. Gen. Stats. § 46b-38ii (2009). · AGE: “No civil union license may be issued to any applicant under eighteen years of age.” Conn. Gen. Stats. § 46b-38jj (2009). · EMANCIPATED MINOR: “(i) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under subsection (b) of section 46b-30 or a civil union license section 10 of this act without parental consent . . . .” CONN. GEN. STATS. § 46b-150d(i) (2009).
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STATUTES: |
· Conn. Gen. Stats. (2009) § 46b-38aa. Definitions § 46b-38bb. Eligibility § 46b-38cc. Kindred prohibited from entering into civil union § 46b-38dd. Person authorized to join persons in a civil union § 46b-38ee. Penalty for unauthorized joining of persons in a civil union § 46b-38ff. Failure or refusal to join persons in a civil union § 46b-38gg. License § 46b-38hh. Application for license § 46b-38ii. Issuance of license to persons under conservatorship § 46b-38jj. Issuance of license to minor is prohibited § 46b-38kk. Civil union certificate. Affidavit in lieu of certificate § 46b-38ll. Evidentiary weight of certificate or affidavit § 46b-38mm. Validity of civil union celebrated in foreign countries § 46b-38nn. Equality of benefits, protections and responsibilities § 46b-38oo. Applicability of statutes to civil unions and parties to a civil union § 46b-38pp. Applicability of estate tax, gift tax and income tax to parties to a civil union
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LEGISLATIVE: |
· Susan Price, KERRIGAN V. COMMISSIONER OF PUBLIC HEALTH, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2008-R-0585 (November 7, 2008). [Link] · Susan Price, Questions about civil unions legislation, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2005-R-0354 (April 5, 2005). · Susan Price, Civil Unions and Gay Marriage, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2005-R-0410 (April 22, 2005). |
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CASES: |
· Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407 (2008). “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.” · State v. F.M, 285 Conn. 528, 548-550, 940 A.2d 755 (2008). “The defendant claims, however, that our construction of § 53a-72a (a) (2) creates absurd and unworkable results because a stepparent and stepchild legally may enter into a civil union under § 46b-38cc, but are prohibited from consummating that union under § 53a-72a (a) (2). We are not persuaded. ‘Where, as here, more than one statute is involved, we presume that the legislature intended them to be read together to create a harmonious body of law. . . . The legislature is presumed to be aware and to have knowledge of all existing statutes and the effect which its own action or nonaction may have on them.’ (Citation omitted; internal quotation marks omitted.) State v. George B., 258 Conn. 779, 795, 785 A.2d 573 (2001). A comparison of the degrees of kindred specified in § 46b-38cc with those specified in § 46b-21 reveals that they are the same, with the exception of the stepparent-stepchild relationship. We conclude that the omission of the stepparent-stepchild relationship from § 46b-38cc merely reflects the fact that a stepparent is not eligible to enter into a civil union with a stepchild because he or she necessarily already is married to, or has entered into a civil union with, the stepchild's parent.”
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CURRENT COMPILER: |
Christopher Roy, Connecticut Judicial Branch Law Library at New Britain, 20 Franklin Square, New Britain, CT 06051. (860) 515-5110. Email
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* Originally compiled by Lawrence Cheeseman, retired Connecticut Judicial Branch Supervising Law Librarian.
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to issuing and use of a license for a civil union in Connecticut (effective October 1, 2005)
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DEFINITION: |
· REQUIREMENTS: “No persons may be joined in a civil union in this state until both have complied with the provisions of sections 46b-38hh to 46b-38jj, inclusive, of this act and have been issued a license by the registrar of vital statistics for the town in which (1) the civil union is to be celebrated, or (2) either person to be joined in the civil union resides, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of sections 46b-38hh to 46b-38jj, inclusive, of this act.” Conn. Gen. Stats. § 46b-38gg (2009). · FORMALITIES: “No license for a civil union may be issued by the registrar of vital statistics until both persons have appeared before the registrar and made application for a license. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of the two persons shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application. The registrar shall issue a copy of sections 46b-38aa to 46b-38oo, inclusive, to any person making application for a license.” Conn. Gen. Stats. § 46b-38hh (2009). · TIME LIMIT OF APPLICATION: “Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a civil union ceremony in this state to join such persons in a civil union, provided the ceremony is performed not more than sixty-five days after the date of application.” Conn. Gen. Stats. §46b-38gg(b) (2009). · PENALTY: “Any person who joins any persons in a civil union without having received such license from them shall be fined not more than one hundred dollars.” CONN. GEN. STATS. §46b-38gg(c) (2009).
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STATUTES: |
· Conn. Gen. Stats. (2009) § 7-45. Preparation of certificates § 17b-137a. Social Security number to be recorded on license applications, certain documents and death certificates. Confidentiality
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CURRENT COMPILER: |
Christopher Roy, Connecticut Judicial Branch Law Library at New Britain, 20 Franklin Square, New Britain, CT 06051. (860) 515-5110. Email
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* Originally compiled by Lawrence Cheeseman, retired Connecticut Judicial Branch Supervising Law Librarian.
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Table 11-1 Civil Union Licenses
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Civil Union Licenses
CONN. GEN. STATS. (2009)
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§ 46b-38hh
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“No license for a civil union may be issued by the registrar of vital statistics until both persons have appeared before the registrar and made application for a license. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of the two persons shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application. The registrar shall issue a copy of sections 46b-38aa to 46b-38oo, inclusive, to any person making application for a license.”
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(a) No civil union license may be issued to any applicant under the supervision or control of a conservator, appointed in accordance with sections 45a-644 to 45a-662, inclusive, unless the written consent of the conservator, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a or authorized to take acknowledgments in any other state or country, is filed with the registrar of vital statistics.
(b) Any person who enters into a civil union without the consent provided for in subsection (a) of this section shall acquire no rights by such civil union in the property of any person who was under such control or supervision at the time the civil union was entered into.
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§ 46b-38jj |
No civil union license may be issued to any applicant under eighteen years of age.
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to who may join persons in a civil union.
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DEFINITIONS: |
· WHO MAY JOIN PERSONS IN A CIVIL UNION: “All judges and retired judges, either elected or appointed, including federal judges and judges of other states who may legally join persons in marriage or a civil union, family support magistrates, state referees and justices of the peace may join persons in a civil union in any town in the state, and all ordained or licensed members of the clergy, belonging to this state or any other state, as long as they continue in the work of the ministry may join persons in a civil union. All civil unions solemnized according to the forms and usages of any religious denomination in this state are valid. All civil unions attempted to be celebrated by any other person are void.” CONN. GEN. STATS. § 46b-38dd(a) (2009). · WHO MAY NOT: “No public official legally authorized to issue civil union licenses may join persons in a civil union under authority of a license issued by such official, or such official's assistant or deputy; nor may any such assistant or deputy join persons in a civil union under authority of a license issued by such public official.” CONN. GEN. STATS. § 46b-38dd(b) (2009). · “Any person violating any provision of this section shall be fined not more than fifty dollars.” § 46b-38dd(c) (2009). · “Any person who undertakes to join persons in a civil union, knowing that such person is not authorized to do so, shall be fined not more than five hundred dollars or imprisoned not more than one year or both.” CONN. GEN. STATS. § 46b-38ee (2009). · “Any person authorized to join persons in a civil union pursuant to section 46b-38dd who fails or refuses for any reason to join persons in a civil union shall not be subject to any fine or other penalty for such failure or refusal.” CONN. GEN. STATS. § 46b-38ff (2009).
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STATUTES: |
· Conn. Gen. Stats. (2009). Chapter 815f. Civil Union § 46b-38dd. Persons authorized to join persons in a civil union § 46b-38ee. Penalty for unauthorized joining of persons in a civil union § 46b-38ff. Failure or refusal to join persons in a civil union
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CURRENT COMPILER: |
Christopher Roy, Connecticut Judicial Branch Law Library at New Britain, 20 Franklin Square, New Britain, CT 06051. (860) 515-5110. Email |
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* Originally compiled by Lawrence Cheeseman, retired Connecticut Judicial Branch Law Librarian. |
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to civil union ceremonies in Connecticut
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STATUTES: |
· Conn. Gen. Stats. (2009) § 46b-38gg. License (a). No persons may be joined in a civil union in this state until both have complied with the provisions of sections 46b-38hh to 46b-38jj, inclusive, and have been issued a license by the registrar of vital statistics for the town in which (1) the civil union is to be celebrated, or (2) either person to be joined in the civil union resides, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of sections 46b-38hh to 46b-38jj, inclusive. (b) Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a civil union ceremony in this state to join such persons in a civil union, provided the ceremony is performed not more than sixty-five days after the date of application. § 46b-38kk. Civil Union Certificate. Affidavit in lieu of certificate (a) Each person who joins any person in a civil union shall certify upon the license certificate the fact, time and place of the civil union, and return it to the registrar of vital statistics of the town where it was issued, before or during the first week of the month following the celebration of the civil union. Any person who fails to do so shall be fined not more than ten dollars. (b) If any person fails to return the certificate to the registrar of vital statistics, as required under subsection (a) of this section, the persons joined in a civil union may provide the registrar with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the civil union. Upon the recording of such affidavit by the registrar of vital statistics, the civil union of the affiants shall be deemed to be valid as of the date of the civil union stated in the affidavit. § 46b-38ll. Evidentiary weight of certificate or affidavit. The certificate required by section 46b-38kk or an affidavit recorded pursuant to subsection (b) of said section shall be prima facie evidence of the facts stated in them 46b-38nn. Equality of benefits, protections and responsibilities. Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage.”
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CURRENT COMPILER: |
Christopher Roy, Connecticut Judicial Branch Law Library at New Britain, 20 Franklin Square, New Britain, CT 06051. (860) 515-5110. Email |
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* Originally compiled by Lawrence Cheeseman, retired Connecticut Judicial Branch Supervising Law Librarian.
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the validity of civil unions celebrated in a foreign country.
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STATUTES: |
· § 46b-38mm. Validity of civil union celebrated in foreign country. “All civil unions in which one or both parties are citizens of this state, celebrated in a foreign country, shall be valid, provided: (1) Each party would have legal capacity to contract such civil union in this state and the civil union is celebrated in conformity with the law of that country; or (2) the civil union is celebrated in the presence of the ambassador or minister to that country from the United States or in the presence of a consular officer of the United States accredited to such country, at a place within his or her consular jurisdiction, by any ordained or licensed member of the clergy engaged in the work of the ministry in any state of the United States or in any foreign country.”
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LEGISLATIVE: |
· Susan Price, Questions about civil unions legislation, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2005-R-0354 (April 5, 2005). 1. How does the bill compare with Vermont’s civil union law · Susan Price-Livingston, Recognition of same-sex cANADIAN mARRIAGES IN cONNECTICUT, Connecticut General Assembly, Office of Legislative Research, OLR Research Report NO. 2003-r-0514 (July 23, 2003).
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CURRENT COMPILER: |
Christopher Roy, Connecticut Judicial Branch Law Library at New Britain, 20 Franklin Square, New Britain, CT 06051. (860) 515-5110. Email |
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* Originally compiled by Lawrence Cheeseman, retired Connecticut Judicial Branch Supervising Law Librarian.
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Table 11-2 Miscellaneous Provisions
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Miscellaneous Changes to Conn. Gen. Stats.
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Probate Courts and Procedure
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Entry fees. Basic costs other than for decedent’s estates and fiduciary accountings |
“For proceedings brought under section 46b-30, the cost shall be twenty-five dollars.” CONN. GEN. STATS. § 45a-106(7)(2009).
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Appointment of plenary guardian or limited guardian
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“For the purposes of sections 45a-669 to 45a-684, inclusive, and 46b-38ii, any alleged inability of the respondent must be evidenced by recent behavior that would cause harm or create a risk of harm, by clear and convincing proof.” CONN. GEN. STATS. § 45a-676(c) (2009) [Emphasis added]
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Juvenile Matters
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Effect of emancipation |
“ . . . . the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under subsection (b) of section 46b-30 or a civil union license under section 46b-38jj without parental consent . . . .” CONN. GEN. STATS. §46b-150d(9) (2009). [Emphasis added]
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Courts
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Infractions of the law. Procedure upon summons for infractions or certain violations. Payment by mail. Procedure at trial. |
“(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section . . . 46b-38dd, 46b-38gg, 46b-38kk . . . shall follow the procedures set forth in this section.” CONN. GEN. STATS. § 51-164n(b) (2009) [Emphasis added].
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the recognition of civil unions by other states of the federal government.
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DEFINITIONS: |
· DOMA: Defense of Marriage Act, P.L. 104-199 (September 21, 1996) · Full Faith and Credit Clause: Article IV, Section 1 of the Constitution.
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STATUTES: |
· 1 U.S.C. § 7. Definition of “marriage” and “spouse” “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.” · 28 U.S.C. § 1738B. Certain acts, records, and proceedings and the effect thereof “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship. “
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LEGISLATIVE HISTORY: |
· House Report No. 104-664, 5 U.S.C.C.A.N. 2905 (104th Congress, Second Session 1996) “H.R. 3396, the Defense of Marriage Act, has two primary purposes. The first is to defend the institution of traditional heterosexual marriage. The second is to protect the right of the States to formulate their own public policy regarding the legal recognition of same-sex unions, free from any federal constitutional implications that might attend the recognition by one State of the right for homosexual couples to acquire marriage licenses.
To achieve these purposes, H.R. 3396 has two operative provisions. Section 2, entitled ‘Powers Reserved to the States,’ provides that no State shall be required to accord full faith and credit to a marriage license issued by another State if it relates to a relationship between persons of the same sex. And Section 3 defines the terms ‘marriage’ and ‘spouse’ for purposes
of federal law only, to reaffirm that they refer exclusively to relationships between persons of the opposite sex.”
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LEGISLATIVE: |
· Susan Price, Questions About Civil Unions Legislation, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2005-R-0354 (April 5, 2005). · Susan Price, Civil Unions And Gay Marriage Compared, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2005-R-0410 (April 22, 2005).
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ENCYCLOPEDIAS: |
· Robin Cheryl Miller and Jason Binimow, Annotation, Marriage Between Persons Of Same Sex—United States And Canadian Cases, 1 ALR Fed. 2d 1 (2005).
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LAW REVIEWS: |
· Maureen M. Murphy, Connecticut’s Civil Union Law: A Look Forward, 16 Connecticut Lawyer 18 (no. 2, October 2005) n Legal issues facing parties to a Civil Union n Moving to Connecticut or traveling outside the state: Taking your status with you · Lynn D. Wardle, Non-recognition of same-sex marriage judgments under DOMA and the Constitution. (Defense of Marriage Act of 1996)(Symposium on the Implications of Lawrence and Goodridge for the Recognition of Same-Sex Marriages and the Validity of DOMA), 38 Creighton Law Review 365-420 (Issue 2, February 2005).
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CURRENT COMPILER: |
Christopher Roy, Connecticut Judicial Branch Law Library at New Britain, 20 Franklin Square, New Britain, CT 06051. (860) 515-5110. Email |
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* Originally compiled by Lawrence Cheeseman, retired Connecticut Judicial Branch Supervising Law Librarian.
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Figure 1: Public Act No. 09-13
2009 Conn. Acts 13
AN ACT IMPLEMENTING THE GUARANTEE OF EQUAL PROTECTION UNDER THE CONSTITUTION OF THE STATE FOR SAME SEX COUPLES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) A marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, between two persons entered into in another state or jurisdiction and recognized as valid by such other state or jurisdiction shall be recognized as a valid marriage in this state, provided such marriage or relationship is not expressly prohibited by statute in this state.
Section 2. (NEW) (Effective from passage) A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, in another state or jurisdiction if one or both persons travel to or reside in such other state or jurisdiction.
Section 3. Section 46b-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As used in this chapter:
[(a)] (1) "Registrar" means the registrar of vital statistics;
[(b)] (2) "Applicant" means applicant for a marriage license;
[(c)] (3) "License" means marriage license; and
(4) "Marriage" means the legal union of two persons.
Section 4. (NEW) (Effective from passage) A person is eligible to marry if such person is:
(1) Not a party to another marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, entered into in this state or another state or jurisdiction, unless the parties to the marriage will be the same as the parties to such other marriage or relationship;
(2) Except as provided in section 46b-30 of the general statutes, at least eighteen years of age;
(3) Except as provided in section 46b-29 of the general statutes, not under the supervision or control of a conservator; and
(4) Not prohibited from entering into a marriage pursuant to section 46b-21 of the general statutes, as amended by this act.
Section 5. Section 46b-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
No license may be issued by the registrar until both persons have appeared before the registrar and made application for a license. The registrar shall issue a license to any two persons eligible to marry under this chapter and section 4 of this act. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of [the bride and the groom] both persons shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application.
Section 6. Section 46b-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[No man may marry his mother, grandmother, daughter, granddaughter, sister, aunt, niece, stepmother or stepdaughter, and no woman may marry her father, grandfather, son, grandson, brother, uncle, nephew, stepfather or stepson. ] No person may marry such person's parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent or stepchild. Any marriage within these degrees is void.
Section 7. (NEW) (Effective from passage) (a) No member of the clergy authorized to join persons in marriage pursuant to section 46b-22 of the general statutes shall be required to solemnize any marriage in violation of his or her right to the free exercise of religion guaranteed by the first amendment to the United States Constitution or section 3 of article first of the Constitution of the state.
(b) No church or qualified church-controlled organization, as defined in 26 USC 3121, shall be required to participate in a ceremony solemnizing a marriage in violation of the religious beliefs of that church or qualified church-controlled organization.
Section 8. (NEW) (Effective from passage) Wherever in the general statutes or the public acts the term "husband", "wife", "groom", "bride", "widower" or "widow" is used, such term shall be deemed to include one party to a marriage between two persons of the same sex.
Section 9. Section 45a-727a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The General Assembly finds that:
(1) The best interests of a child are promoted by having persons in the child's life who manifest a deep concern for the child's growth and development;
(2) The best interests of a child are promoted when a child has as many persons loving and caring for the child as possible; and
(3) The best interests of a child are promoted when the child is part of a loving, supportive and stable family, whether that family is a nuclear, extended, split, blended, single parent, adoptive or foster family. [; and]
[(4) It is further found that the current public policy of the state of Connecticut is now limited to a marriage between a man and a woman. ]
Section 10. Section 46b-38nn of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage. [, which is defined as the union of one man and one woman. ]
Section 11. (NEW) (Effective from passage) (a) On and after the effective date of this section and prior to October 1, 2010, two persons who are parties to a civil union entered into pursuant to sections 46b-38aa to 46b-38oo, inclusive, of the general statutes, as amended by this act, may apply for and be issued a marriage license, provided such persons are otherwise eligible to marry under section 4 of this act and chapter 815e of the general statutes and the parties to the marriage will be the same as the parties to the civil union.
(b) After the celebration of such marriage and upon the recording of the license certificate or notarized affidavit with the registrar of vital statistics of the town where the marriage took place pursuant to section 46b-34 of the general statutes, the civil union of such persons shall be merged into the marriage by operation of law as of the date of the marriage stated in the certificate or affidavit.
Section 12. (NEW) (Effective from passage) (a) Two persons who are parties to a civil union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, of the general statutes, as amended by this act, that has not been dissolved or annulled by the parties or merged into a marriage by operation of law under section 11 of this act as of October 1, 2010, shall be deemed to be married under chapter 815e of the general statutes, as amended by this act, on said date and such civil union shall be merged into such marriage by operation of law on said date.
(b) Notwithstanding the provisions of subsection (a) of this section, the parties to a civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on October 1, 2010, shall not be deemed to be married on said date and such civil union shall not be merged into such marriage by operation of law but shall continue to be governed by the provisions of the general statutes applicable to civil unions in effect prior to October 1, 2010.
Section 13. (NEW) (Effective from passage) Nothing in section 11, 12 or 21 of this act shall impair or affect any action or proceeding commenced, or any right or benefit accrued, or responsibility incurred, by a party to a civil union prior to October 1, 2010.
Section 14. Section 46a-81a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
For the purposes of sections 4a-60a, 45a-726a and 46a-81b to [46a-81r] 46a-81q, inclusive, "sexual orientation" means having a preference for heterosexuality, homosexuality or bisexuality, having a history of such preference or being identified with such preference, but excludes any behavior which constitutes a violation of part VI of chapter 952.
Section 15. Subsection (a) of section 17b-137a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) The Social Security number of the applicant shall be recorded on each (1) application for a license, certification or permit to engage in a profession or occupation regulated pursuant to the provisions of title 19a, 20 or 21; (2) application for a commercial driver's license or commercial driver's instruction permit completed pursuant to subsection (a) of section 14-44c; and (3) application for a marriage license made under section 46b-25, as amended by this act. [or for a civil union license under section 46b-38hh. ]
Section 16. Section 46b-150d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
An order that a minor is emancipated shall have the following effects: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor's own name; (4) the minor shall be entitled to such minor's own earnings and shall be free of control by such minor's parents or guardian; (5) the minor may establish such minor's own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not thereafter be the subject of a petition under section 46b-129 as an abused, dependent, neglected or uncared for child or youth; (8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under subsection (b) of section 46b-30; [or a civil union license under section 46b-38jj without parental consent; ] (10) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12; (11) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (12) the parents of a minor shall be relieved of any obligations respecting such minor's school attendance under section 10-184; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor's acts under section 52-572; (15) the minor may execute releases in such minor's own name under section 14-118; and (16) the minor may enlist in the armed forces of the United States without parental consent.
Section 17. (NEW) (Effective from passage) Notwithstanding any other provision of law, a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if the request for such services, accommodations, advantages, facilities, goods or privileges is related to the solemnization of a marriage or celebration of a marriage and such solemnization or celebration is in violation of their religious beliefs and faith. Any refusal to provide services, accommodations, advantages, facilities, goods or privileges in accordance with this section shall not create any civil claim or cause of action, or result in any state action to penalize or withhold benefits from such religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.
Section 18. (NEW) (Effective from passage) The marriage laws of this state shall not be construed to affect the ability of a fraternal benefit society to determine the admission of members as provided in section 38a-598 of the general statutes or to determine the scope of beneficiaries in accordance with section 38a-636 of the general statutes, and shall not require a fraternal benefit society that has been established and is operating for charitable and educational purposes and which is operated, supervised or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society's free exercise of religion as guaranteed by the first amendment to the Constitution of the United States and section 3 of article first of the Constitution of the state.
Section 19. (NEW) (Effective from passage) Nothing in this act shall be deemed or construed to affect the manner in which a religious organization may provide adoption, foster care or social services if such religious organization does not receive state or federal funds for that specific program or purpose.
Section 20. Section 46a-81r of the general statutes is repealed. (Effective from passage)
Section 21. Sections 46b-38aa to 46b-38mm, inclusive, section 46b-38nn, as amended by this act, and section 46b-38oo of the general statutes are repealed. (Effective October 1, 2010)
Figure 2: Public Act 05-10 (Civil Unions)
2005 Conn. Acts 10 §§ 1-15
Section 1. (NEW) (Effective October 1, 2005) For the purposes of sections 1 to 15, inclusive, of this act:
(1) "Civil union" means a union established pursuant to sections 1 to 15, inclusive, of this act between two eligible persons; and
(2) "Party to a civil union" means a person who has established a civil union pursuant to sections 1 to 15, inclusive, of this act.
Section 2. (NEW) (Effective October 1, 2005)
A person is eligible to enter into a civil union if such person is:
(1) Not a party to another civil union or a marriage;
(2) Of the same sex as the other party to the civil union;
(3) Except as provided in section 10 of this act, at least eighteen years of age; and
(4) Not prohibited from entering into a civil union pursuant to section 3 of this act.
Section 3. (NEW) (Effective October 1, 2005)
(a) A woman shall not enter into a civil union with her mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister.
(b) A man shall not enter into a civil union with his father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother.
(c) A civil union between persons prohibited from entering into a civil union pursuant to subsection (a) or (b) of this section is void.
Section 4. (NEW) (Effective October 1, 2005)
(a) All judges and retired judges, either elected or appointed, including federal judges and judges of other states who may legally join persons in marriage or a civil union, family support magistrates, state referees and justices of the peace may join persons in a civil union in any town in the state, and all ordained or licensed members of the clergy, belonging to this state or any other state, as long as they continue in the work of the ministry may join persons in a civil union. All civil unions solemnized according to the forms and usages of any religious denomination in this state are valid. All civil unions attempted to be celebrated by any other person are void.
(b) No public official legally authorized to issue civil union licenses may join persons in a civil union under authority of a license issued by such official, or such official's assistant or deputy; nor may any such assistant or deputy join persons in a civil union under authority of a license issued by such public official.
(c) Any person violating any provision of this section shall be fined not more than fifty dollars.
Section 5. (NEW) (Effective October 1, 2005)
Any person who undertakes to join persons in a civil union, knowing that such person is not authorized to do so, shall be fined not more than five hundred dollars or imprisoned not more than one year or both.
Section 6. (NEW) (Effective October 1, 2005)
Any person authorized to join persons in a civil union pursuant to section 4 of this act, who fails or refuses for any reason to join persons in a civil union shall not be subject to any fine or other penalty for such failure or refusal.
Section 7. (NEW) (Effective October 1, 2005)
(a) No persons may be joined in a civil union in this state until both have complied with the provisions of sections 8 to 10, inclusive, of this act and have been issued a license by the registrar of vital statistics for the town in which (1) the civil union is to be celebrated, or (2) either person to be joined in the civil union resides, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of sections 8 to 10, inclusive, of this act.
(b) Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a civil union ceremony in this state to join such persons in a civil union, provided the ceremony is performed not more than sixty-five days after the date of application.
(c) Any person who joins any persons in a civil union without having received such license from them shall be fined not more than one hundred dollars.
Section 8. (NEW) (Effective October 1, 2005)
No license for a civil union may be issued by the registrar of vital statistics until both persons have appeared before the registrar and made application for a license. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of the two persons shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application. The registrar shall issue a copy of sections 1 to 15, inclusive, of this act to any person making application for a license.
Section 9. (NEW) (Effective October 1, 2005)
(a) No civil union license may be issued to any applicant under the supervision or control of a conservator, appointed in accordance with sections 45a-644 to 45a-662, inclusive, of the general statutes unless the written consent of the conservator, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a of the general statutes or authorized to take acknowledgments in any other state or country, is filed with the registrar of vital statistics.
(b) Any person who enters into a civil union without the consent provided for in subsection (a) of this section shall acquire no rights by such civil union in the property of any person who was under such control or supervision at the time the civil union was entered into.
Section 10. (NEW) (Effective October 1, 2005)
No civil union license may be issued to any applicant under eighteen years of age.
Section 11. (NEW) (Effective October 1, 2005)
(a) Each person who joins any person in a civil union shall certify upon the license certificate the fact, time and place of the civil union, and return it to the registrar of vital statistics of the town where it was issued, before or during the first week of the month following the celebration of the civil union. Any person who fails to do so shall be fined not more than ten dollars.
(b) If any person fails to return the certificate to the registrar of vital statistics, as required under subsection (a) of this section, the persons joined in a civil union may provide the registrar with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the civil union. Upon the recording of such affidavit by the registrar of vital statistics, the civil union of the affiants shall be deemed to be valid as of the date of the civil union stated in the affidavit.
Section 12. (NEW) (Effective October 1, 2005)
The certificate required by section 11 of this act or an affidavit recorded pursuant to subsection (b) of said section shall be prima facie evidence of the facts stated in them.
Section 13. (NEW) (Effective October 1, 2005)
All civil unions in which one or both parties are citizens of this state, celebrated in a foreign country, shall be valid, provided: (1) Each party would have legal capacity to contract such civil union in this state and the civil union is celebrated in conformity with the law of that country; or (2) the civil union is celebrated in the presence of the ambassador or minister to that country from the United States or in the presence of a consular officer of the United States accredited to such country, at a place within his or her consular jurisdiction, by any ordained or licensed member of the clergy engaged in the work of the ministry in any state of the United States or in any foreign country.
Section 14. (NEW) (Effective October 1, 2005)
Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage, which is defined as the union of one man and one woman.
Section 15. (NEW) (Effective October 1, 2005)
Wherever in the general statutes the terms "spouse", "family", "immediate family", "dependent", "next of kin" or any other term that denotes the spousal relationship are used or defined, a party to a civil union shall be included in such use or definition, and wherever in the general statutes, except sections 7-45 and 17b-137a of the general statutes, as amended by this act, subdivision (4) of section 45a-727a, sections 46b-20 to 46b-34, inclusive, section 46b-150d of the general statutes, as amended by this act, and section 14 of this act, the term "marriage" is used or defined, a civil union shall be included in such use or definition.