Is CT’s Civil Union Statute Unconstitutional?
I don’t have a ton of time today so this is some thinking out loud.
Here’s my question: Is it unconstitutional for the State to deny opposite sex couples the ability to enter into a civil union?
Here are the eligibility requirments for civil unions in Connecticut:
A person is eligible to enter into a civil union if such person is:
(1) Not a party to another civil union or a marriage;
(2) Of the same sex as the other party to the civil union;
(3) At least eighteen years of age; and
(4) Not prohibited from entering into a civil union pursuant to section 46b-38cc. Conn. Gen. Stat. Sec. 46b-38bb.
What if an opposite sex couple for whatever reason wanted to enter into a civil union instead of a marriage? They’d be denied a civil union license.
In light of Kerrigan, I’m not sure what the courts would do with such a claim. As of today, same-sex couples have the option of either marriage or a civil union while opposite sex couples have no such choice. Is there a valid reason for treating the groups seperately?
What are your thoughts?