Research Guides and Information

• Marriage in Connecticut

• Race Requirements on Marriage Licenses - 2020-R-0061
  Provide information on (1) Connecticut's law that requires individuals to disclose their race on marriage license application forms and (2) a recent court challenge to a similar law in Virginia.

• Justices of the Peace - 2016-R-0004
  How are justices of the peace selected and what are their duties?

• Common-Law Marriage - 2013-R-0264
  You asked for (1) an overview of common-law marriage under Connecticut law, including palimony matters and (2) a summary of all states that allow common-law marriage.

• OLR Backgrounder: Effect of Undissolved Civil Union on Subsequent Marriage - 2012-R-0409
  This backgrounder summarizes Elia-Warnken v. Elia, 463 Mass. 29 (2012), the case in which the Massachusetts Supreme Court invalidated a same-sex marriage because one of the celebrants was in an undissolved civil union when marriage took place.

• Common Law Marriages - 2010-R-0112
  You asked (1) how many states recognize common law marriage and (1) the basic standards for forming them.

• Kerrigan v. Commissioner of Public Health - 2008-R-0585
  You asked us to summarize Kerrigan v. Department of Public Health, 289 Conn. 135 (2008), the recent state Supreme Court case holding it to be unconstitutional to deny same-sex couples the right to marry.  

• License to Perform Marriage - 2006-R-0322
  You asked if a recently ordained minister must obtain a state or municipal license to perform marriages.

• History of Civil Marriage in CT: Selected Changes - 2002-R-0850

• COVID-19 Executive Orders Affecting State and Local Government Operations and Elections - 2020-R-0112 (See Marriage Licenses, page 13)

• P.A. 09-13 - An Act Implementing the Guarantee of Equal Protection Under the Constitution of the State for Same Sex Couples. OLR Bill Analysis

  • To implement the decision of the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health, 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.

Selected Statutes:

Chapter 815e. Marriage

• Sec. 46b-20a. Eligibility to marry. Issuance of license to minor who is sixteen or seventeen, when permitted.

• Sec. 46b-21. Marriage of persons related by consanguinity or affinity prohibited.

• Sec. 46b-22. Who may join persons in marriage. Penalty for unauthorized performance. 

• Sec. 46b-22a. Validation of marriages performed by unauthorized justice of the peace or family support referee.

• Sec. 46b-23. Joining persons in marriage knowingly without authority.

• Sec. 46b-24. License. Period of validity. Penalty for solemnization without license. Validity of marriage ceremony.

• Sec. 46b-24a. Validation of marriage occurring in town other than town where license issued.

• Sec. 46b-25. Application for license.

• Sec. 46b-28. Validity of marriages celebrated in a foreign country.

• Sec. 46b-28a. Recognition of marriages and other relationships entered into in another state or jurisdiction.

• Sec. 46b-28b. Recognition by another state or jurisdiction of marriages entered into in this state.

• Sec. 46b-28c. Prior divorce in another state or country. Validity of marriage in this state.  

• Sec. 46b-29. Marriage of persons under conservatorship.

• Sec. 46b-30. Marriage of minors.