Seen on the AP wire:
Connecticut’s civil unions law, the first in the nation passed without court intervention, faces a stern test in the state Supreme Court.
Eight gay and lesbian couples say the state’s refusal to grant marriage licenses violates their constitutional rights and denies them the financial, social and emotional benefits of marriage.[...]
The Connecticut couples, who have been together between 10 and 32 years, say civil unions are inferior to marriage and violate their rights to equal protection and due process.
Married couples have federal rights related to taxes, Social Security beneficiary rules, veterans’ benefits and other laws that people in civil unions don’t have.
This comes just after efforts to get a same-gender marriage bill through the Connecticut legislature faded, due insufficient support to override a promised veto by Governor Rell, and a not-quite-adequate level of support indicated in state polling numbers.
While I am firmly in the camp of thinking it’s silly at best (and incredibly arrogant at worst) to legislate whom God can or cannot marry, I can’t help but wonder if the suit is doomed to failure due to its partial mootness.
While I’m not a lawyer, it’s my understanding that same-gender marriages in Massachusetts aren’t recognized under federal law, which would imply that the tangible benefits of marriage not available in civil unions cannot be granted by a state court. It’s a battle that would necessarily need to be fought at the federal level.
Unless, of course, the state could be forced to de-recognize marriage, and recognize only civil unions…in which case equality (at the state level) would be enhanced.
However, somehow I doubt that the court would go there.
It should be interesting to see what happens.