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Connecticut Supreme Court Overturns Gay Marriage Ban

by @ 12:53 pm on October 10, 2008.

The Connecticut Supreme Court joined state courts in Massachusetts and California in declaring the Nutmeg State’s bank on gay marriage to be in violation of the state’s Constitution:

HARTFORD, Conn. (AP) — Connecticut’s Supreme Court ruled Friday that same-sex couples have the right to marry, making the state the third behind Massachusetts and California to legalize such unions.

The divided court ruled 4-3 that gay and lesbian couples cannot be denied the freedom to marry under the state constitution, and Connecticut’s civil unions law does not provide those couples with the same rights as heterosexual couples.

(…)

“Interpreting our state constitutional provisions in accordance with firmly established equal protection principles leads inevitably to the conclusion that gay persons are entitled to marry the otherwise qualified same sex partner of their choice,” Justice Richard N. Palmer wrote in the majority opinion that overturned a lower court finding.

“To decide otherwise would require us to apply one set of constitutional principles to gay persons and another to all others,” Palmer wrote.

Gov. M. Jodi Rell said Friday that she disagreed, but will not fight the ruling.

“The Supreme Court has spoken,” Rell said in a statement. “I do not believe their voice reflects the majority of the people of Connecticut. However, I am also firmly convinced that attempts to reverse this decision — either legislatively or by amending the state Constitution — will not meet with success.”

The lawsuit was brought in 2004 after eight same-sex couples were denied marriage licenses and sued, saying their constitutional rights to equal protection and due process were violated.

All in all good news for those who believe in individual liberty, although I don’t think we’ll truly be there until we achieve a separation of marriage and the state.

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