Cameron Miranda
Connecticut has been regarded as one of the most LGBTQ-friendly U.S. states, owing to its early adoption of LGBTQ+ rights legislation. In 1971, Connecticut became the second U.S. state to repeal the sodomy law, and in 2008, it became the second state to legalise same-sex marriage. Same-sex marriage has been legally recognised in Connecticut since November 12, 2008, following a ruling by the Connecticut Supreme Court that the state's statutory prohibition on same-sex marriage violated the Connecticut Constitution. This ruling also resulted in the automatic conversion of all civil unions into marriages on October 1, 2010. Today, any couple in Connecticut, regardless of gender, can marry provided they meet the state's marriage requirements.
| Characteristics | Values |
|---|---|
| Same-sex marriage legalised | 2008 |
| First same-sex marriages | 12 November 2008 |
| Civil unions abolished | 1 October 2010 |
| Civil unions converted to marriages | 1 October 2010 |
| Same-sex marriage definition | "Marriage means the legal union of two persons." |
| Same-sex marriage rights | Same as opposite-sex couples |
| Same-sex adoption rights | Yes |
| IVF access for lesbian couples | Yes |
| LGBTQ-friendly state | Yes |
| Sodomy law repealed | 1971 |
| Age of consent | 16 regardless of gender and sexual orientation |
| Bans unfair discrimination | In employment, housing and public accommodations |
| Conversion therapy outlawed | Yes |
| Gay panic defence outlawed | Yes |
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What You'll Learn
Same-sex marriage legalisation in Connecticut
Same-sex marriage has been legally recognised in Connecticut since November 12, 2008, following a ruling by the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health. The court found that the state's statutory prohibition on same-sex marriage violated the Connecticut Constitution and that civil unions did not provide same-sex couples with the same rights as married couples. This made Connecticut the second US state to legalise same-sex marriage, after neighbouring Massachusetts.
The road to legalisation began in January 2007, when State Senator Andrew J. McDonald and State Representative Michael Lawlor, co-chairpersons of the Judiciary Committee, introduced a bill that would give same-sex couples full marriage rights in Connecticut. The bill passed the Judiciary Committee in April 2007, but it was never submitted to the full House or Senate before the adjournment of the 2007 legislative session.
In 2008, eight same-sex couples who had been denied marriage licenses in the town of Madison brought a case before the Connecticut Supreme Court. On October 10, 2008, the court ruled in their favour, guaranteeing marriage rights to same-sex couples and concluding that denying them the right to marry violated the equality and liberty provisions of the Connecticut Constitution.
In April 2009, the Connecticut General Assembly passed a bill to fully codify same-sex marriage in state statutes, abolish civil unions, and convert all existing civil unions into civil marriages from October 1, 2010. The bill was signed into law by Republican Governor Jodi Rell.
Today, any couple in Connecticut, regardless of gender, can marry provided they meet the state's marriage requirements. These include being 18 or older, not being married or in a civil union with another person (although you can marry someone with whom you already have a civil union), not being closely related by blood or marriage, and having approval if under conservatorship. Connecticut is regarded as one of the most LGBTQ-friendly US states due to its early adoption of LGBTQ rights legislation.
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LGBTQ+ rights in Connecticut
Connecticut has a history of adopting legislation that supports the rights of the LGBTQ+ community. In 1967 and 1968, legislative commission reports recommended repealing the sodomy law, which was enforced only by "capricious selection", to discourage blackmail and encourage those who identify as LGBTQ+ to seek psychiatric help without fear of legal repercussions. In 1969, a comprehensive criminal code was passed that repealed the sodomy law in relation to consensual acts, with the law taking effect in 1971. This made Connecticut the second US state to decriminalise same-sex couples.
In 2005, Connecticut enacted a civil union law that provided same-sex couples with some of the same rights and responsibilities under state law as married couples. However, this law also included a statute that restricted marriage to different-sex couples. On 10 October 2008, the Connecticut Supreme Court ruled in Kerrigan v. Commissioner of Public Health that same-sex couples have a constitutional right to marry, and that the state's civil union statute violated the equal protection clause of the state Constitution. The first same-sex marriages in Connecticut took place on 12 November 2008.
In April 2009, the Connecticut General Assembly passed a bill to fully codify same-sex marriage in state statutes, abolish civil unions, and convert all existing civil unions into civil marriages from 1 October 2010. This bill was signed into law by Republican governor Jodi Rell. As of 2016, same-sex couples in Connecticut have the same rights as opposite-sex couples, including the right to adopt.
In May 2021, the Connecticut General Assembly passed a bill to legally recognise same-sex parentage for children of same-sex couples, regardless of the marital status of the parents. Lesbian couples also have access to in vitro fertilisation (IVF) and the state recognises the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, provided the parents are married.
Connecticut law also bans unfair discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. Conversion therapy and the gay panic defence are outlawed in the state, with the latter being repealed in June 2019. In July 2021, the Governor of Connecticut signed a bill into law that implemented state-based LGBTQ+ discharged veteran's military benefits.
While Connecticut has made significant strides in protecting the rights of the LGBTQ+ community, there are still areas where further action may be needed. For example, in April 2021, a federal judge dismissed high-profile lawsuits regarding transgender individuals playing sports and athletics within the state, triggering a wave of bills across various state legislatures aimed at legally banning transgender individuals from participating in these activities.
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Civil unions in Connecticut
Connecticut enacted a civil union law on October 1, 2005, that provided same-sex couples with the same rights and responsibilities under state law as married couples. The state became the second in the US to adopt civil unions, and the first to do so without judicial intervention. The bill was passed by the House of Representatives on April 13, 2005, in an 85–63 vote, and by the Senate on April 20, 2005, in a 26–8 vote.
The civil union bill was signed into law by Governor Jodi Rell on the same day it passed the Senate. Notably, this bill defined marriage as "the union of one man and one woman". Despite this definition of marriage, the civil union law still provided same-sex couples with the same rights and responsibilities under state law as married couples.
In 2008, the Connecticut Supreme Court ruled in Kerrigan v. Commissioner of Public Health that the state's statutory prohibition on same-sex marriage violated the Constitution of Connecticut. The court also found that the state's civil unions failed to provide same-sex couples with the same rights and privileges as marriages. As a result, civil unions ceased to be performed and all existing unions were automatically converted to marriages on October 1, 2010.
Today, same-sex marriage is legal in Connecticut, and the state recognizes same-sex marriages, civil unions, and domestic partnerships from other jurisdictions as marriages. Any couple, regardless of gender, can marry in Connecticut, provided they meet the state's marriage requirements.
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Common-law and same-sex cohabitation
Common-law marriage is not recognized in Connecticut. However, the state has a rich history of LGBTQ rights legislation, including the legalization of same-sex marriage in 2008. This landmark decision by the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health affirmed the constitutional right of same-sex couples to marry and struck down the state's civil union law, which had failed to provide these couples with the full rights and privileges of marriage.
Prior to the 2008 ruling, Connecticut had been a pioneer in recognizing same-sex relationships. In 2005, the state enacted a civil union law, becoming the second state in the US to do so and the first to achieve this without judicial intervention. This law provided same-sex couples with some of the same rights and responsibilities under state law as married couples. However, the 2008 ruling found that these civil unions did not offer true equality, and as a result, all existing civil unions were automatically converted into marriages on October 1, 2010.
The road to legal same-sex marriage in Connecticut was not without its challenges. In 2004, eight same-sex couples were denied marriage licenses in Madison, leading to a lawsuit against the Connecticut Department of Public Health. Despite initial rulings in favor of the state, the Connecticut Supreme Court ultimately sided with the plaintiffs in 2008, recognizing the denial of the right to marry as a constitutionally cognizable injury.
In addition to marriage equality, Connecticut has also taken steps to ensure fairness in other areas of life for LGBTQ individuals. The state bans unfair discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. Conversion therapy and the gay panic defense have been outlawed, and same-sex couples are treated the same as opposite-sex couples in matters of adoption and parentage.
Overall, Connecticut has a strong record of protecting the rights of LGBTQ individuals and same-sex couples, moving from the recognition of civil unions in 2005 to the full legalization of same-sex marriage in 2008, and continuing to promote equality in various aspects of life.
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Marriage requirements in Connecticut
Same-sex marriage has been legal in Connecticut since 2008, making it the second US state to legalise it. As of October 1, 2010, all civil unions were converted into marriages by operation of law. This means that any couple, regardless of gender, can marry in Connecticut, provided they meet the state's marriage requirements.
To get married in Connecticut, couples must obtain a marriage license from the vital records office of the town where the marriage will take place. There is a \$50 fee for each marriage license, which must be paid at the time of application. The marriage license application must be completed, identification provided, and a sworn statement made that the information provided is true. A blood test is not required.
Both parties must appear in person, and the marriage ceremony must take place within 65 days of the date of issue of the marriage license. The legal age for marriage in Connecticut is 18. If either party is under 18, written consent from a parent, guardian, or probate court judge is required. If under 16, consent from a probate court judge is necessary.
Once the marriage ceremony has taken place, the marriage officiator will submit the license to the registrar of vital records of the town. The license will then be filed in the official marriage records of Connecticut and becomes a vital record, referred to as a marriage certificate.
Judges, retired judges, justices of the peace, family support magistrates, state referees, and ordained or licensed clergy members are authorised to marry couples in Connecticut.
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Frequently asked questions
Common-law marriage is not recognized in Connecticut. However, same-sex marriage has been legally recognized in Connecticut since 2008, and the state offers domestic partnership benefits to same-sex couples.
Any couple, regardless of gender, can marry in Connecticut provided they meet the state's marriage requirements. These include not being married or in a civil union with a different person, and both parties must complete a marriage application at their town hall.
Yes, as of 2010, all civil unions in Connecticut were automatically converted to marriages. Same-sex couples are treated the same as opposite-sex couples in Connecticut.
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