Lawyers for eight same-sex couples seeking the right to marry will file their brief in the state Supreme Court today, setting the stage for an epochal legal battle on whether Connecticut permits gay marriage.
The essence of the appeal is encompassed by a rhetorical question in the brief, a draft of which The Courant obtained Tuesday:
"Given the legislature's enactment of the civil union law after this case was filed, and its acknowledgement of both the common humanity of gay people and their rights to equal treatment in their family lives, is it constitutional for the legislature to deny marriage while it also creates, only for gay people, a separate legal regime, with a different name, and deems them eligible for all state-based rights available to married spouses?" (Tuohy)
This lawsuit was dismissed in Superior Court earlier this year, on the grounds that civil unions provide the same legal rights as marriage.
Gay marriage/civil unions were a non-issue in the 2006 campaigns. I have to think that, even if the courts do force the legislature to legalize gay marriage, that most people in Connecticut will simply shrug and go about their daily lives.
But I could be wrong about that.
Tuohy, Lynne. "Gay Couples Demand Marriage." Hartford Courant 22 November, 2006.