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Legal Commentary

: TalkLeft

Same-Sex Marriage Is a Right Under CT Constitution

By TChris

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The Connecticut Supreme Court today joined the highest courts in Massachusetts and California in deciding that their state constitutions prohibit a legislative ban on same-sex marriages.

The case, Kerrigan v. the state Commissioner of Public Health, was brought by eight same-sex couples who were denied marriage licenses by the Madison town clerk. They argued that the state's civil union law was discriminatory and unconstitutional because it established a separate and therefore inherently unequal institution for a minority group. Citing the equal protection under the law, the state Supreme Court agreed.
While the decision (pdf) may energize the religiously intolerant branch of the right wing, it won't be of much help to John McCain, who has never been a point man for his party's anti-gay faction. Expect to hear considerable whining about "activist" judges -- the ones who actively support the constitutional value of equal protection -- but expect to hear an even louder celebration of this important victory for human rights.

Full post as published by TalkLeft on October 10, 2008 (boomark / email).

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