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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?


Connecticut Trial Firm, LLC

Connecticut Trial Firm, LLC