AN ACT CONCERNING MARRIAGE EQUALITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46b-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

As used in this chapter:

[(a)] (1) "Registrar" means the registrar of vital statistics;

[(b)] (2) "Applicant" means applicant for a marriage license;

[(c)] (3) "License" means marriage license; and

(4) "Marriage" means the legal union of two persons.

Sec. 2. (NEW) (Effective October 1, 2007) A person is eligible to marry if such person is:

(1) Not a party to another marriage or to a civil union or domestic partnership in this state or another state or jurisdiction;

(2) Of the same or opposite sex as the other party to the marriage;

(3) Except as provided in section 46b-30 of the general statutes, at least eighteen years of age;

(4) Except as provided in section 46b-29 of the general statutes, not under the supervision or control of a conservator; and

(5) Not prohibited from entering into a marriage pursuant to section 46b-21 of the general statutes, as amended by this act.

Sec. 3. Section 46b-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

No license may be issued by the registrar until both persons have appeared before the registrar and made application for a license. The registrar shall issue a license to any two persons eligible to marry under this chapter. 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 bride and the groom] both 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.

Sec. 4. Section 46b-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

[No man may marry his mother, grandmother, daughter, granddaughter, sister, aunt, niece, stepmother or stepdaughter, and no woman may marry her father, grandfather, son, grandson, brother, uncle, nephew, stepfather or stepson.] No person may marry such person's parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent or stepchild. Any marriage within these degrees is void.

Sec. 5. (NEW) (Effective October 1, 2007) (a) No person authorized to join persons in marriage pursuant to section 46b-23 of the general statutes shall be required to solemnize any marriage in violation of his or her right to the free exercise of religion guaranteed by the first amendment to the United States Constitution or section 3 of article first of the Constitution of the state.

(b) Any person authorized to join persons in marriage pursuant to section 46b-23 of the general statutes who fails or refuses to join persons in marriage for any reason shall not be subject to any fine or other penalty for such failure or refusal.

Sec. 6. (NEW) (Effective October 1, 2007) Wherever in the general statutes or the public acts the term "husband", "wife", "groom", "bride", "widower" or "widow" is used, such term shall be deemed to include one party to a marriage between two persons of the same sex.

Sec. 7. (NEW) (Effective October 1, 2007) (a) Notwithstanding the provisions of subdivision (1) of section 2 of this act, on and after the effective date of this section and prior to October 1, 2008, two persons who are parties to a civil union entered into pursuant to sections 46b-38aa to 46b-38oo, inclusive, of the general statutes, as amended by this act, may apply for and be issued a marriage license provided such persons are otherwise eligible to marry under section 2 of this act and the parties to the marriage will be the same as the parties to the civil union.

(b) After the celebration of such marriage and upon the recording of the license certificate or notarized affidavit with the registrar of vital statistics of the town where the marriage took place pursuant to section 46b-34 of the general statutes, the civil union of such persons shall be dissolved by operation of law as of the date of the marriage stated in the certificate or affidavit.

Sec. 8. (NEW) (Effective October 1, 2007) (a) Any civil union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, of the general statutes, as amended by this act, that has not been dissolved by the parties or by operation of law under section 7 of this act as of October 1, 2008, shall become a valid marriage under chapter 815e of the general statutes, as amended by this act, on said date and such civil union shall be dissolved by operation of law on said date.

(b) Notwithstanding the provisions of subsection (a) of this section, any civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on October 1, 2008, shall not become a marriage on said date, and shall continue to be governed by the provisions of the general statutes applicable to civil unions in effect prior to October 1, 2008.

Sec. 9. Section 45a-727a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

The General Assembly finds that:

(1) The best interests of a child are promoted by having persons in the child's life who manifest a deep concern for the child's growth and development;

(2) The best interests of a child are promoted when a child has as many persons loving and caring for the child as possible; and

(3) The best interests of a child are promoted when the child is part of a loving, supportive and stable family, whether that family is a nuclear, extended, split, blended, single parent, adoptive or foster family. [; and]

[(4) It is further found that the current public policy of the state of Connecticut is now limited to a marriage between a man and a woman.]

Sec. 10. Section 46b-38nn of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

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.]

Sec. 11. (NEW) (Effective October 1, 2007) Nothing in this act shall impair or affect any action or proceeding commenced, or any right or benefit accrued, or obligation incurred, by a party to a civil union prior to October 1, 2008.

Sec. 12. Sections 46b-38aa to 46b-38pp, inclusive, of the general statutes are repealed. (Effective October 1, 2008)

Statement of Purpose:

To authorize persons of the same sex to enter into marriage.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]