Conn. Supreme Court Finds Gays Have a Constitutional Right to Marry
Connecticut has become the third state to allow gay marriages with a state supreme court ruling today finding a right to marry.
The 4-3 decision (PDF) was based on equal protection provisions of the state constitution, report the Associated Press and the Boston Globe.
The majority found that the state’s civil union law established a separate and unequal institution for gays wishing to marry. “To decide otherwise would require us to apply one set of constitutional principles to gay persons and another to all others,” Justice Richard Palmer wrote for the majority.
The majority evaluated the gay-marriage ban using an intermediate level of scrutiny and said classifications based on sexual orientation should be considered “quasi-suspect” under the state constitution’s equal protection provisions.
Dissenting Justice Peter Zarella said the decision on gay marriage should be made by the legislature rather than the supreme court. “The ancient definition of marriage as the union of one man and one woman has its basis in biology, not bigotry,” he wrote.
Same-sex couples also have the right to marry as a result of court decisions in Massachusetts and California.
Additional coverage:
Connecticut Post: “Court: Same sex couples have right to wed”
Hartford Courant: “High Court Grants Gay Marriage Rights”
