PA 09-13—sSB 899

Judiciary Committee

AN IMPLEMENTING THE GUARANTEE OF EQUAL PROTECTION UNDER THE CONSTITUTION OF THE STATE FOR SAME SEX COUPLES

SUMMARY: This act redefines “marriage” as the legal union of two persons. On October 1, 2010, it transforms same-sex civil unions into marriages unless they have been annulled or the couple has divorced or is in the process of dissolving their relationship. It exempts clergy; churches; and IRS-qualified, church-controlled organizations from officiating or participating in a marriage ceremony that violates their religious freedom or beliefs. It also (1) provides certain other religious organizations legal protections for refusing to provide services related to marriage ceremonies; (2) leaves unchanged the authority of fraternal benefit societies to determine membership and beneficiaries; and (3) permits religiously-affiliated organizations that provide adoption, foster care, or social services to operate in the manner they choose so long as those specific programs or purposes do not receive state or federal funds.

The act also repeals provisions in prior law that:

1. declare that the current public policy of the state is limited to marriage between a man and a woman and

2. define marriage as the union of one man and one woman.

It establishes a rule controlling when marriages or substantially similar relationships formed in other jurisdictions must be recognized in Connecticut and gives other jurisdictions the discretion to recognize same-sex marriages and substantially similar relationships formed in Connecticut.

Many of the act's provisions conform statutes to the Connecticut Supreme Court's decision in Kerrigan v. Dept. of Public Health, which held that it is unconstitutional to restrict marriage to heterosexual couples.

EFFECTIVE DATE: Upon passage, except the repeal of the civil union statutes and some conforming provisions are effective October 1, 2010.

11-13 — CIVIL UNIONS

Beginning on the date the act passes and until September 30, 2010, parties to Connecticut civil unions may apply for marriage licenses if they are eligible to marry. After the marriage is solemnized and the license certificate is filed with the appropriate vital statistics registrar, their civil union merges into a marriage.

On October 1, 2010 civil unions merge into marriages unless the couple has, or is in the process of divorcing or annulling their civil union merge into marriages by operation of law. The act states that the mergers do not impair or affect any action or proceeding brought before October 1, 2010, any accrued right or benefit, or any responsibility incurred prior to that date. The relationships that have not merged on October 1, 2010 because of pending dissolution, annulment, or legal separation are governed by the civil union statutes in effect on September 30, 2010.

7 & 17-19 — RELIGIOUS EXEMPTIONS

Religious Organizations

The act specifies that a religious organization, association, or society; or any nonprofit institution or organization operated, supervised, or controlled by one of these entities is not required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if:

1. the request is related to the solemnization of a marriage or celebration of a marriage and

2. the solemnization or celebration is in violation of its religious beliefs and faith.

It specifies that the refusal does not subject the entity to civil liability or allow the state to penalize or withhold benefits from it.

Fraternal Benefit Societies

The act specifies that the state's marriage laws cannot be construed to affect the ability of a fraternal benefit society to determine who to admit as members under state law or to decide the scope of legal beneficiaries. The marriage laws also cannot require an existing fraternal benefit society that is (1) operated, supervised, or controlled by, or in connection with, a religious organization and (2) operating for charitable and educational purposes to provide insurance benefits to any person if doing so would violate the society's constitutional rights to free exercise of religion.

Church-Related Adoption, Foster Care, Or Social Service Providers

The act states that nothing in its provisions can be deemed or construed to affect the manner in which a religious organization provides adoption, foster care, or social services if the entity does not receive state or federal funds for those specific programs or purposes.

4 — ELIGIBILITY TO MARRY

The act's marriage eligibility provisions require that the parties be:

1. not in another marriage or substantially similar relationship, except couples who are already married to each other or in substantially similar relationships can marry;

2. at least 18 years of age, unless their parents consent to marriage at age 16 or 17 or a probate judge grants them permission to marry at a younger age;

3. not under a conservatorship, unless the conservator consents; and

4. not so closely related that their marriage would be incestuous under Connecticut law.

1& 2 — MARRIAGE RECOGNITION

The act requires recognition of marriages or relationships that provide substantially the same rights, benefits, and responsibilities between two people entered into in other jurisdictions and recognized as valid in that jurisdiction. These relationships include same-sex and common law marriages, domestic partnerships, civil unions, and same-sex unions formed in other countries. State case law already provides for recognition of common law marriage.

It also allows other states to recognize marriages and substantially similar relationships entered into in Connecticut if the spouse or both spouses travel to or reside in the other jurisdictions, so long as the relationship would be recognized in Connecticut.

17 & 18 — STATUTORY CONSTRUCTION

The act repeals a statute that provides that a number of laws should not be construed to:

1. mean that the state condones homosexuality or bisexuality, or any equivalent lifestyle;

2. authorize the promotion of homosexuality or bisexuality in educational institutions or require the teaching in educational institutions of homosexuality or bisexuality as an acceptable lifestyle;

3. authorize or permit the use of numerical goals or quotas or other types of affirmative action programs with respect to homosexuality or bisexuality in the administration or enforcement of a number or laws;

4. authorize the recognition of same-sex marriage; or

5. establish sexual orientation as a specific and separate cultural classification in society.

The act repeals the civil union statutes, effective October 1, 2010.

BACKGROUND

Kerrigan v. Dept. of Public Health

In Kerrigan v. Dept. of Public Health, 289 Conn. 135 (2008), the Connecticut Supreme Court ruled that it was unconstitutional to deny same-sex couples the right to marry. The court's opinion expressly did not affect civil unions.

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