Copyright © 2005, Judicial Branch, State of Connecticut

Connecticut Judicial Branch Law Libraries

Civil Unions

in Connecticut

A Guide to Resources in the Law Library

· 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) (2008).

· 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) (2008).

· 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(2008). (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, which is defined as the union of one man and one woman.” Conn Gen. Stats. § 46b-38nn (2008).

· “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) (2008). “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.

Contents

§ 1. Who may enter into a civil union in Connecticut

§ 2. License for a civil union in Connecticut

§ 3. Who may join persons in a civil union

§ 4. The civil union ceremony

§ 5. Civil Unions celebrated in foreign countries

§ 6. Recognition of Civil Unions by other States or federal government

Tables

Table 1.Civil Union Licenses

Table 2. Miscellaneous Provisions

FIGURES:

Figure 1. 2005 Conn. Acts 10 §§ 1-15

Treated Elsewhere:

Dissolutions of Marriages and Civil Unions in Connecticut

Annulment of Marriage and Civil Unions in Connecticut

Legal Separation in Connecticut

Section 1 Who May Enter Into a

Civil Union in Connecticut

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to persons who may establish a civil union in Connecticut (Effective October 1, 2005).
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 (2008). · 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 (2008). · 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 (2008) (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 (2008). · AGE: “No civil union license may be issued to any applicant under eighteen years of age.” Conn. Gen. Stats. § 46b-38jj (2008). · 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) (2008).
STATUTES:	· Conn. Gen. Stats. (2008) § 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
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, Connecticut General Assembly, Office of Legislative Research, OLR Research Report, 2005-R-0410 (April 22, 2005). · Office of Legislative Research, OLR Bill Analysis, sSB 963 (as amended by House "A" and "B"), An Act Concerning Civil Unions (File Copy 379).
CASES:	· 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.” · Kerrigan v. State, 49 Conn. Sup. 644, 667, 909 A.2d 89 (2006). “Civil union and marriage in Connecticut now share the same benefits, protections and responsibilities under law. The Connecticut constitution requires that there be equal protection and due process of law, not that there be equivalent nomenclature for such protection and process.”
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL

Section 2 License for a

Civil Union in Connecticut

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to issuing and use of a license for a civil union in Connecticut (effective October 1, 2005)
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 (2008). · 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 (2008). · 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) (2008). · 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) (2008).
STATUTES:	· Conn. Gen. Stats. (2008) § 7-45. Preparation of certificates § 17b-137a. Social Security number to be recorded on license applications, certain documents and death certificates. Confidentiality
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL

Table 1 Civil Union Licenses

Civil Union Licenses

CONN. GEN. STATS. (2008)

§ 46b-38hh

“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.”

§ 46b-38ii

(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.

§ 46b-38jj

No civil union license may be issued to any applicant under eighteen years of age.

Section 3 Who May Join

Persons in a Civil Union

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to who may join persons in a civil union.
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) (2008). · 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) (2008). · “Any person violating any provision of this section shall be fined not more than fifty dollars.” § 46b-38dd(c) (2008). · “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 (2008). · “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 (2008).
STATUTES:	· Conn. Gen. Stats. (2008). 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
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL

Section 4 The Civil Union Ceremony

A Guide to Resources in the Law Library

SCOPE:

Bibliographic resources relating to civil union ceremonies in Connecticut

STATUTES:

· Conn. Gen. Stats. (2008)

§ 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, which is defined as the union of one man and one woman.

COMPILER:

Lawrence Cheeseman, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL

Section 5 Civil Unions Celebrated

in a Foreign Country

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the validity of civil unions celebrated in a foreign country.
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.”
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).
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL

Table 2 Miscellaneous Provisions

Miscellaneous Changes to Conn. Gen. Stats.

Probate Courts and Procedure

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)(2008).

Appointment of plenary guardian or limited guardian

“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) (2008) [Emphasis added]

Juvenile Matters

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) (2008). [Emphasis added]

Courts

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) (2008) [Emphasis added].

Figure 2

Sections 1-15 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.

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.

(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.

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)

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.

Section 6 Recognition of Connecticut Civil Unions by Other States or the Federal Government

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the recognition of civil unions by other states of the federal government.
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.
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. “
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.”
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).
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).
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).
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL