| Connecticut has become the third state in the nation where full marriage equality has been attained.
The Connecticut Supreme Court today made a decision in favor of the eight gay and lesbian couples who had sued the state. They did so on grounds that the Connecticut Civil Unions Law, enacted in 2005, did not in fact provide equal protections under its State Constitution. Thus, that state joins Massachusetts and California where gays and lesbians have broken down an important area of discrimination.
Our New Hampshire Civil Unions Law, which went into effect on January 1st at 12:01 AM of this year, has been a success -- up to a point. Those of us who fought for it wanted to move the issue along, and it sure did that.
Currently, almost 600 Civil Unions have been celebrated throughout our state. But, the discussion must continue. That's why I am introducing a bill to provide for full marriage equality for the New Hampshire State Legislature in 2009, if I end up being there again. It will change the "Civil Unions" that were enacted from last year's House Bill 437 that I cosponsored with Somersworth State Representative Dana Hilliard to full marriage equality. And if I'm not there, I assume someone else will -- because it's only fair, and we have to get there.
The Connecticut Supreme Court said, "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."
The decision continued, "We also conclude that:
"(1) Our state scheme discriminates on the basis of sexual orientation... |
| "2) For the same reasons that classifications predicated on gender are considered quasi-suspect for purposes of the equal protection provisions of the United States constitution, sexual orientation constitutes a quasi-suspect classification for purposes of the equal protection provisions of the state constitution, and, therefore, our statutes discriminating against gay persons are subject to heightened or intermediate judicial scrutiny, and...
"(3) The state has failed to provide sufficient justification for excluding same sex couples from the institution of marriage. In light of our determination that the state's disparate treatment of same sex couples is constitutionally deficient under an intermediate level of scrutiny, we do not reach the plaintiffs' claims implicating a stricter standard of review, namely, that sexual orientation is a suspect classification, and that the state's bar against same sex marriage infringes on a fundamental right in violation of due process and discriminates on the basis of sex in violation of equal protection."
The Supreme Court concluded, "In accordance with our conclusion that the statutory scheme impermissibly discriminates against gay persons on account of their sexual orientation, we reverse the trial court's judgment and remand the case with direction to grant the plaintiffs' motion for summary judgment."
Good stuff!
The decision of the court came from a suit by eight gay and lesbian couples who were denied marriage licenses in Madison, Connecticut. Each of the couples had been in committed relationships from ten to thirty years, and some also had children. They had pointed out that the state's 2005 Civil Unions Law had done good things, but had failed to offer all the necessary protections for them to live as families.
GLAD, "Gay and Lesbian Advocates and Defenders," had worked on the case, Kerrigan & Mock v. Dept. of Public Health. GLAD has been working on gay and lesbian equality for many years, and assisted in our New Hampshire efforts.
Here in New Hampshire, we adopted Civil Unions through the Legislature and public discussion, not through the courts. We were the only state to have done this through the legislative process. We could adopt full marriage equality by continuing that discussion.
Let's make New Hampshire the fourth state with full marriage equality, sooner than later. The cause continues. |
