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 Topic: Marriage Victory in Connecticut!

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JayJay  



Joined: 27 Sep 2006
Posts: 79
Interests: gay history

Posted: 10 Oct 2008, 11:26 am    Post subject: Marriage Victory in Connecticut! Reply with quote

The Connecticut Supreme Court, in a 4-3 decision, declared the state's ban against same-sex marriage unconstitutional.

The court found that it was unconstitutional to deny marriage rights to gay and lesbian couples and that civil unions create a separate but unequal institution.

"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," Justice Richard N. Palmer wrote for the majority.

Justice Palmer also declared that "...our conventional understanding of marriage must yield to a more contemporary appreciation of the rights entitled to constitutional protection. Interpreting our state constitutional provisions in accordance with firmly established equal protection principles leads inevitably to the conclusion that gay persons are entitled to marry the otherwise qualified same sex partner of their choice. To decide otherwise would require us to apply one set of constitutional principles to gay persons and another to all others. The guarantee of equal protection under the law, and our obligation to uphold that command, forbids us from doing so. In accordance with these state constitutional requirements, same sex couples cannot be denied the freedom to marry."
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