Civil Unions In Connecticut
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Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
has been legally recognized in
Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
since November 12, 2008 as a result of the
Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the supreme court, highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit i ...
ruling 4–3 in ''
Kerrigan v. Commissioner of Public Health ''Kerrigan v. Commissioner of Public Health'', 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that allowing same-sex couples to form same-sex unions but not marriages violates the Constitution of Connecti ...
'' that the state's statutory prohibition on same-sex marriage violated the
Constitution of Connecticut The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 artic ...
and that the state's
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...
s failed to provide same-sex couples with rights and privileges equivalent to those of
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
. Connecticut was the second
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...
to legalize same-sex marriage after neighboring
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
. In 2009, the
Connecticut General Assembly The Connecticut General Assembly (CGA) is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. The ...
repealed the statutory prohibition on same-sex marriage, and in October 2010 it ended the ability to enter into civil unions.


Cohabitation agreements and domestic partnerships

On February 17, 1987, the Connecticut Supreme Court ruled in the case of ''Boland v. Catalano'' that
cohabitation agreement A cohabitation agreement is a form of legal agreement reached between a couple who have chosen to live together (whether they are heterosexual or homosexual). In some ways, such a couple may be treated like a married couple, such as when applyi ...
s between unmarried partners could be enforced, provided they were not based on
sexual services Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-pe ...
. From March 10, 2000 to November 30, 2009, Connecticut offered
domestic partnership A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married (to each other or to anyone else). People in domestic partnerships receive legal be ...
benefits to state employees. On July 10, 2000,
Hartford Hartford is the List of capitals in the United States, capital city of the U.S. state of Connecticut. The city, located in Hartford County, Connecticut, Hartford County, had a population of 121,054 as of the 2020 United States census, 2020 ce ...
established a domestic partnership registry, and
Mansfield Mansfield is a market town and the administrative centre of the Mansfield District in Nottinghamshire, England. It is the largest town in the wider Mansfield Urban Area and the second largest settlement in Nottinghamshire (following the city ...
followed suit on October 14, 2003. Both registries are still in effect.


Civil unions

The state enacted a
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...
law in 2005 that provided same-sex couples with the same rights and responsibilities under state law as
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
, while also explicitly defining marriage as between "one man and one woman". Connecticut became the second state in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, following
Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...
, to adopt civil unions, and the first to do so without judicial intervention. The bill was passed by the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
on April 13 in an 85–63 vote and by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on April 20 in a 26–8 vote. Governor
Jodi Rell Mary Carolyn Rell (née Reavis; June 16, 1946 – November 20, 2024), known as M. Jodi Rell, was an American politician who served as the 87th governor of Connecticut from 2004 to 2011. Rell also had served as the state's 105th lieutenant gove ...
signed the bill into law later the same day, and it went into effect on October 1, 2005. Prior to the passage of the civil union legislation, Connecticut had recognized same-sex relationships solely for the purpose of providing benefits to the same-sex partners of state employees. Following the
Supreme Court of Connecticut The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, ac ...
's October 2008 ruling which found that civil unions failed to provide same-sex couples with the rights and responsibilities of marriage, civil unions ceased to be performed and all existing unions were automatically transformed into marriages on October 1, 2010. Same-sex marriages, civil unions and domestic partnerships from other jurisdictions are now legally treated as marriages in Connecticut.


Same-sex marriage


Statutes

On April 11, 1991, the House of Representatives passed legislation prohibiting
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
based on
sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
in housing, employment and credit, along with a provision prohibiting "the recognition of the right of marriage between persons of the same sex". The Senate passed the bill on April 17. On May 1, 1991, Governor
Lowell Weicker Lowell Palmer Weicker Jr. (; May 16, 1931 – June 28, 2023) was an American politician who served as a U.S. Representative, U.S. Senator, and the 85th Governor of Connecticut. Weicker unsuccessfully sought the Republican nomination for presi ...
signed it into law, and it went into effect on October 1, 1991. On April 29, 2000, the House adopted legislation 96–51 stating that the "current public policy of the state of Connecticut is now limited to a marriage between a man and a woman", along with a provision stating that nothing "in this act shall be construed to establish or constitute an endorsement of any public policy with respect to marriage". The Senate approved the bill on May 3, 2000 by a vote of 31 to 5. It was signed into law by Governor
John G. Rowland John Grosvenor Rowland (born May 24, 1957) is an American former politician, author, and radio host who served as the 86th governor of Connecticut from 1995 to 2004. Rowland served three terms representing Connecticut's 5th congressional distri ...
on June 1, and went into effect on October 1, 2000. On April 13, 2005, addressing concerns raised by Governor
Jodi Rell Mary Carolyn Rell (née Reavis; June 16, 1946 – November 20, 2024), known as M. Jodi Rell, was an American politician who served as the 87th governor of Connecticut from 2004 to 2011. Rell also had served as the state's 105th lieutenant gove ...
, the House passed an amendment to the civil union bill, by 80 votes to 67, defining marriage as "the union of one man and one woman". The civil union bill was later passed in the Senate and signed into law by Governor Rell. On January 31, 2007, State Senator Andrew J. McDonald and State Representative Michael Lawlor, co-chairpersons of the Judiciary Committee, announced the introduction of a bill that would give same-sex couples full marriage rights in the state of Connecticut. The bill, ''HB 7395'', passed the Judiciary Committee by a vote of 27–15 on April 12, 2007. Governor Rell said she would
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...
any same-sex marriage legislation. The bill was never submitted to the full House or Senate prior to the
adjournment In parliamentary procedure, an adjournment ends a meeting. It could be done using a motion to adjourn. A time for another meeting could be set using the motion to fix the time to which to adjourn. Law In law, to adjourn means to suspend or postp ...
of the 2007 legislative session. On April 22, 2009, Connecticut legislators, both in the House (by a 100–44 vote) and in the Senate (by a 28–7 vote), agreed to replace all statutory references to marriage with
gender-neutral language Gender-neutral language or gender-inclusive language is language that avoids reference towards a particular sex or gender. In English, this includes use of nouns that are not gender-specific to refer to roles or professions, formation of phrases i ...
. Governor Rell, a Republican, signed the law on April 23. The definition of marriage in Connecticut is now the following:


Lawsuits


''Kerrigan v. Commissioner of Public Health''

In August 2004,
Gay & Lesbian Advocates & Defenders GLBTQ Legal Advocates & Defenders (GLAD Law) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organizati ...
(GLAD) representing eight same-sex couples from Connecticut filed a
lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
in state court, challenging what they described as the state's discriminatory exclusion of same-sex couples from the right to marry. The couples, seven of whom had been denied
marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions ...
s in
Madison Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States * Madison (footballer), Brazilian footballer Places in the United States Populated places * Madi ...
, sued the Connecticut Department of Public Health and the Madison registrar of vital statistics, Dorothy Dean. They argued that this discrimination violated the equality and liberty provisions of the
Constitution of Connecticut The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 artic ...
and were supported by the Connecticut Civil Liberties Union. The case was opposed by the Family Institute of Connecticut, which was denied
intervenor In law, intervention is a procedure to allow a Party (law), nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original lit ...
status in the case. On July 12, 2006, Superior Court Judge Jonathan Silbert ruled against the plaintiffs, finding that: The judge concluded that denying same-sex couples the right to marry did not violate the Connecticut Constitution. The
Supreme Court of Connecticut The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, ac ...
heard an
appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
by the plaintiffs in ''
Kerrigan v. Commissioner of Public Health ''Kerrigan v. Commissioner of Public Health'', 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that allowing same-sex couples to form same-sex unions but not marriages violates the Constitution of Connecti ...
'' on May 14, 2007. On October 10, 2008, the court released an opinion guaranteeing marriage rights to same-sex couples. The court ruled 4–3 that denying same-sex couples the right to marry violated the equality and liberty provisions of the Constitution of Connecticut. The court also held that it would be unconstitutional to relegate same-sex couples to a status less than full marriage by enacting legislation treating same-sex unions as civil unions rather than marriage: The decision was originally scheduled to go into effect on October 28, 2008, but was delayed until November 12, 2008 in order to allow state agencies and local officials time to update procedures and prepare for issuing marriage licenses to same-sex couples. On November 12, the first marriage licenses were issued to same-sex couples in Connecticut. Among the first couples to obtain marriage licenses were plaintiffs in the ''Kerrigan'' case, Robin and Barbara Levine-Ritterman in
New Haven New Haven is a city of the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound. With a population of 135,081 as determined by the 2020 U.S. census, New Haven is the third largest city in Co ...
, and Elizabeth Kerrigan and Joanne Mock-Kerrigan in
West Hartford West Hartford is a town in Hartford County, Connecticut, United States, west of downtown Hartford. The town is part of the Capitol Planning Region. The population was 64,083 at the 2020 census. The town's popular downtown area is colloquiall ...
. The court decision made Connecticut the third
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...
to recognize same-sex marriage, but by the time the first same-sex marriages were solemnized in Connecticut,
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
voters had approved a same-sex marriage ban by
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
. Governor Rell reacted to the ruling by issuing the statement: "The Supreme Court has spoken. I do not believe their voice reflects the majority of the people of Connecticut. However, I am also firmly convinced that attempts to reverse this decision - either legislatively or by amending the state Constitution - will not meet with success." State Senator Donald E. Williams Jr. called it a "civil rights victory". Before the court issued its decision, a coalition of groups that included such opponents of same-sex marriage as the state's
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
bishops and the Family Institute of Connecticut supported a November referendum on a proposal to convene a constitutional convention. On November 4, 2008, voters opposed calling a constitution convention by a 2 to 1 margin.


''Mueller v. Tepler''

On July 16, 2014, the Connecticut Supreme Court, reversing judgments in lower courts, ruled unanimously that a same-sex couple in a relationship established before the state afforded legal recognition to their relationship has the same rights as other married couples. In the case of ''Mueller v. Tepler'', it allowed a woman to pursue a medical practice claim for the loss of income and companionship based on the care her female partner received between 2001 and 2004.


Native American nations

Same-sex marriage has been legal on the reservation of the
Mashantucket Pequot Tribe The Mashantucket Pequot Tribal Nation is a federally recognized American Indian tribe in the state of Connecticut. They are descended from the Pequot people, an Algonquian-language tribe that dominated the southern New England coastal areas, and ...
since April 29, 2010. The Tribal Code states that "two persons may be joined in marriage" provided the parties are of
marriageable age Marriageable age is the minimum legal age of marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriageable age as a right is set at the age of majority. Nevertheless, ...
and meet all the legal requirements to marry. Marriages entered into outside the tribe's jurisdiction are valid if they are valid in the jurisdiction where they were entered into. Marriages performed under native
Pequot The Pequot ( ) are a Native Americans in the United States, Native American people of Connecticut. The modern Pequot are members of the federally recognized Mashantucket Pequot Tribe, four other state-recognized groups in Connecticut includin ...
custom, known as (), are also recognized on the reservation. While there are no records of same-sex marriages as understood from a
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized
two-spirit ''Two-spirit'' (also known as ''two spirit'' or occasionally ''twospirited'', or abbreviated as ''2S'' or ''2E'', especially in Canada) is a umbrella term used by some Indigenous North Americans to describe Native people who fulfill a trad ...
individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. This two-spirit status allowed for marriages between two biological males to be performed in some of these tribes. In the
Mohegan-Pequot language Mohegan-Pequot (also known as Mohegan-Pequot-Montauk, Secatogue, and Shinnecock-Poosepatuck; dialects in New England included Mohegan, Pequot, and Niantic; and on Long Island, Montaukett and Shinnecock) is an Algonquian language formerly s ...
, two-spirit individuals are known as ().


Demographics and marriage statistics

Data from the 2000 U.S. census showed that 7,386 same-sex couples were living in Connecticut. By 2005, this had increased to 10,174 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all
counties A county () is a geographic region of a country used for administrative or other purposesL. Brookes (ed.) '' Chambers Dictionary''. Edinburgh: Chambers Harrap Publishers Ltd, 2005. in some nations. The term is derived from the Old French denoti ...
of the state, and constituted 1.1% of coupled households and 0.6% of all households in the state. Most couples lived in
Hartford Hartford is the List of capitals in the United States, capital city of the U.S. state of Connecticut. The city, located in Hartford County, Connecticut, Hartford County, had a population of 121,054 as of the 2020 United States census, 2020 ce ...
, Fairfield and
New Haven New Haven is a city of the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound. With a population of 135,081 as determined by the 2020 U.S. census, New Haven is the third largest city in Co ...
counties, but the counties with the highest percentage of same-sex couples were Litchfield (0.60% of all county households) and Hartford (0.59%). Same-sex partners in Connecticut were on average younger than opposite-sex partners, and more likely to be employed. In addition, the median household income of same-sex couples was higher than different-sex couples, but same-sex couples were far less likely to own a home than opposite-sex partners. 19% of same-sex couples in Connecticut were raising children under the age of 18, with an estimated 3,140 children living in households headed by same-sex couples in 2005. From 2009 to 2021, 13,766 same-sex marriages were performed in the state of Connecticut: 543 in 2008, 2,706 in 2009, 1,791 in 2010, 1,262 in 2011, 668 in 2012, 1,356 in 2013, 1,057 in 2014, 689 in 2015, 704 in 2016, 672 in 2017, 639 in 2018, 617 in 2019, 549 in 2020, and 513 in 2021. The Connecticut Department of Public Health has collected data on the county of occurrence of same-sex marriages since 2016: The 2020 U.S. census showed that there were 7,760 married same-sex couple households (3,432 male couples and 4,328 female couples) and 4,881 unmarried same-sex couple households in Connecticut.


Public opinion


See also

*
LGBT rights in Connecticut The establishment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBTQ rights taking place in the late 20th century and early 21st century. Connecti ...
*
Same-sex marriage in the United States The legal recognition of same-sex marriage in the United States expanded from one state in 2004 (Massachusetts) to Same-sex marriage law in the United States by state, all fifty states in 2015 through various court rulings, state legislation ...
*
Same-sex marriage legislation in the United States In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions. ...
*
Same-sex marriage law in the United States by state This article summarizes the same-sex marriage laws of states in the United States. Via the case ''Obergefell v. Hodges'' on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, ...
*
Public opinion of same-sex marriage in the United States Public opinion of same-sex marriage in the United States has significantly changed since the 1990s, and a majority of Americans now favor same-sex marriage. Approval of same-sex marriage is higher in younger generations; in the 2022 General Soc ...
*
Same-sex marriage status in the United States by state The legal recognition of same-sex marriage in the United States expanded from one state in 2004 (Massachusetts) to Same-sex marriage law in the United States by state, all fifty states in 2015 through various court rulings, state legislation ...
*
Rights and responsibilities of marriages in the United States According to the United States Government Accountability Office (GAO), there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights were a key issue in the debate over fede ...
*
History of civil marriage in the United States Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage. 1900–1999 * 1900 – All st ...


Notes


References

{{Same-sex marriage in the United States 2008 in LGBTQ history
Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
LGBTQ rights in Connecticut 2008 in Connecticut LGBTQ history in Connecticut