Same-Sex Marriage in
Connecticut
On October 10, 2008, the Connecticut Supreme Court issued its decision in Kerrigan v. Commissioner of Public Health in which it ruled that same-sex couples could not be denied the right to marry in Connecticut. Judge Jonathan E. Silbert signed the final judgment on November 12, 2008 and same-sex marriage became a reality in Connecticut.
Gay and lesbian couples are now entitled to the same state rights and protections as their heterosexual counterparts. However, the federal Defense of Marriage Act restricts marriage as between one man and one woman. Same-sex marriages, therefore, do not receive federal recognition. In fact, the majority of states and most foreign countries also do not recognize same-sex marriage.
The following table illustrates the main differences between heterosexual and same-sex marriage:
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Heterosexual Marriage |
Same-Sex Marriage |
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Heterosexual Marriage versus Same-Sex Marriage
A marriage between a heterosexual couple is portable, meaning that it is recognized in all 50 states. A heterosexual couple married in Connecticut is considered married no matter where they travel or relocate. Heterosexual marriages can be dissolved in any state. By contrast, a valid Connecticut marriage between a same-sex couple is not portable, meaning that a same-sex couple is not considered legally married in those states and/or foreign countries that do not recognize same-sex marriage. Same-sex marriages can only be dissolved in states that recognize such marriages. Here are some key differences between heterosexual and same-sex marriages:
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Heterosexual married couples enjoy all of the rights, benefits, protections and responsibilities offered by the federal government, including spousal veterans benefits, spousal social security benefits, and federal tax benefits. |
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Same-sex couples entering into marriage are not recognized by the federal government and do not enjoy any rights, benefits, protections or responsibilities offered by the federal government to their heterosexual married counterparts. For example, a same sex couple who have entered into marriage cannot file a joint federal return nor can they collect their partner's social security or veteran's survivor benefits. |
Issues to Consider
Before Entering Into Marriage in Connecticut
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Entering into a marriage will revoke your existing Last Will and Testament; |
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If you are in the process of adopting or are considering adopting a child, marriage may provide a barrier. Most foreign countries and some U.S. states prohibit same-sax couples from adopting but do allow single-parent adoptions; |
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You may be disqualified from certain state government programs because your spouse's income and assets may be included with your own; |
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Connecticut law provides that married persons are responsible for their spouse's debts including medical bills, rent and the purchase of items that support the family or benefit the couple; |
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Connecticut law provides that a spouse generally cannot disinherit a spouse by leaving that spouse out of her/his will unless the couple has signed a valid prenuptial agreement; |
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Your marriage cannot be dissolved without meeting specific residency requirements in the State of Connecticut, and other states may or may not allow you to obtain a dissolution of marriage outside of Connecticut; |
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If you choose to dissolve your marriage, a court will determine the division of your property, alimony, child support and visitation, and other related issues, if the couple cannot agree on their own; |
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Absent a clear prenuptial agreement addressing the question, a court may consider any property owned by either or both of the parties as property subject to distribution in a dissolution proceeding; |
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If you are in the military, an "attempted marriage" to a person of the same sex is grounds for discharge under the "Don't Ask, Don't Tell" policy. This is changing but is not yet in full effect; |
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An employer-sponsored domestic partnership plan may require you to be "unmarried" in order to qualify; |
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Foreign nationals should not marry without consulting an experienced immigration attorney. Applying for a change in immigration status based on a marriage to a same-sex partner could lead to deportation or future denials of visa applications; and |
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Marriage is a legal status that will have to be disclosed on forms and records in both public and private contexts. |
Please click on the links below to be re-directed to the appropriate pages for related information:
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Advance Directives and Other Important Documents for Lesbians and Gays |
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Brochures & Pamphlets: (.pdf files requires Adobe®Reader®).
**Contact us for a complimentary copy of these brochures or download them here**
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Before You Enter Into Marriage In Connecticut: A Brief Guide for Lesbian & Gay Couples (.pdf) (the Law Offices of Irene C. Olszewski, LLC) 2009 |
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How To Get Married In Connecticut (.pdf) (GLAD) 2008 |
Click to read
Posts on Same-Sex Marriage and Civil Unions from the
Also see:
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Connecticut Law Tribune Article Revisits Same-Sex Marriage in Connecticut One Year Later |
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(Published in Connecticut Law Tribune 10/13/08. Attorney Olszewski was interviewed for this article)
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What is Civil Union and is a
Civil Union Still Available in Connecticut?The State of Connecticut enacted "An Act Concerning Civil Union" (Public Act 05-10) which went into effect on October 1, 2005. In a nutshell, the Act enabled two people of the same sex to enter into a legally recognized relationship status known as "civil union". A gay or lesbian couple who entered into civil union were entitled to the same state rights, benefits and responsibilities available to heterosexual and same-sex married couples in Connecticut. Note that with the passage of SB-899, which the governor signed into law, the last day to technically obtain a Connecticut civil union license was September 30, 2010.
If
We Already Have a Civil Union in Connecticut Are We Now Considered
Married?YES! Your civil union status automatically ceased and converted to marriage status by operation of law on October 1, 2010.
1) UNLESS you entered into a Connecticut Civil Union and subsequently obtained a marriage license and participated in a marriage ceremony prior to October 1, 2010, because you were considered legally married at that time.
2) UNLESS you filed for divorce, legal separation or annulment of your civil union prior to October 1, 2010, in which case your Civil Union did NOT convert to marriage as of October 1, 2010.
Connecticut Public Act 09-13 states, in pertinent part:
Sec. 12. (NEW) (Effective from passage) (a) Two persons who are parties to a civil union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, of the general statutes, as amended by this act, that has not been dissolved or annulled by the parties or merged into a marriage by operation of law under section 11 of this act as of October 1, 2010, shall be deemed to be married under chapter 815e of the general statutes, as amended by this act, on said date and such civil union shall be merged into such marriage by operation of law on said date.
(b) Notwithstanding the provisions of subsection (a) of this section, the parties to a civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on October 1, 2010, shall not be deemed to be married on said date and such civil union shall not be merged into such marriage by operation of law but shall continue to be governed by the provisions of the general statutes applicable to civil unions in effect prior to October 1, 2010.
Resources for Civil Union Conversions:
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Questions and Answers about Connecticut's Transition From Civil Unions to Marriage [Published by GLAD] |
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To convert your civil union certificate to a
marriage certificate, you must complete
form VS-39CU |
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If you require more information about the form and the procedure for conversion, please contact your local town clerk’s office. List of Town Clerks in Connecticut. |
We have chosen NOT to enter
into Marriage or Civil Union. If you have chosen NOT to enter into marriage or civil union, there are still legal issues you should consider. For example, a Will or Trust document is still appropriate if you own property, have an extensive estate, or wish to direct how your estate is distributed upon your death. For those couples who do not choose to enter into marriage or civil union, but who still wish to protect themselves from various issues that may arise, there are still several legal documents that may be explored. Most notably, a Property Settlement Agreement or Relationship Agreement is still a valuable document that will offer individuals specific protections if a relationship dissolves (especially where real estate is involved).
Whether you are joined in civil union or not, Advance Directives (directions concerning life support measures) are still important to execute. And documents such as a Power of Attorney or Designation of a Conservator may also be in your best interest. You are advised to consult a licensed attorney, who can adequately evaluate your personal needs and draft the appropriate documents of protection. For more information on your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC in East Hartford.
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Legal Documents for Same-Gender Couples & LGBT Individuals (.pdf) (the Law Offices of Irene C. Olszewski, LLC) 2007 |
**Contact us for a complimentary print copy of this brochure**
Books For Further Information
Click on the Book Image(s) of Interest Below to be Re-directed to Amazon.com:
For information on the legal documents described above, please click on the following links to explore a topic of interest:
Co-Parent & Step-Parent Adoptions for Lesbian and Gay Couples
Advance Directives & Other Documents for Lesbians and Gays
Power of Attorney for Lesbians and Gays
Dissolution of Marriage & Civil Union
Other Websites of Interest
to the GLBTI community
Read the Article: 'A Year of Questions' **
(**Published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article)
Read the Article: 'In Transition: Advocates push for stronger bans on transgender bias' **
(**Published in Connecticut Law Tribune 3/28/11. Attorney Olszewski was interviewed for this article)
Read the Article: ‘Connecticut Did Right Thing’ **
(**Published in Connecticut Law Tribune 10/13/08. Attorney Olszewski was interviewed for this article)
Read the Article: 'Note to N.Y.: 'Legal' doesn't mean 'equal' say local couples'**
(**Published in Connecticut Post online 7/2/11. Attorney Olszewski was interviewed for this article)
Blog: Connecticut Lesbian and Gay Law
Blog: Attorney O's Midnight Musings
**
Our Page is titled Law Offices of Irene C. Olszewski, LLC
Twitter: Irene_Olszewski (note the underscore)
The Law Offices of Irene C. Olszewski, LLC handles legal matters for GLBTI clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County; and the cities of Hartford, East Hartford, Glastonbury, Manchester, Wethersfield, Tolland, Vernon, Rocky Hill, West Hartford, Rockville, Portland, Ashford, Windham, Ellington, Coventry, Colchester and all other Connecticut towns. .
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Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
Manchester, Connecticut Same-Sex Marriage & Civil Union Lawyer
Connecticut Gay and Lesbian (GLBTI) Rights Lawyer
Connecticut Gay and Lesbian Marriage Lawyer
Law Offices of Irene C. Olszewski, LLC