Apr 15, 2005  |  By: EARTHA MELZE  | COMMENTS     

The Connecticut House of Representatives approved a bill to provide same-sex couples with the same rights, benefits and obligations of married couples on Wednesday, but added a last minute amendment that defines marriage as between a man and a woman.

Connecticut was one of three states that have seen steps taken in the past 10 days toward granting marriage-like rights for gay couples, joining California and Oregon.

An Act Concerning Civil Unions passed on an 85-63 vote, easily surpassing the 75 votes needed for passage. It now heads back to the Senate, which passed it by a 3-to-1 margin last week, so that it can consider the amendment. A similar amendment was offered during the Senate debate and was voted down.

Connecticut could become the first state to recognize same-sex relationships without a court order. Vermont has civil unions and Massachusetts has same-sex marriage but in both of those cases the recognition followed lawsuits filed by same-sex couples.

However, a civil unions law may not be enough. Connecticut is being sued by same-sex couples who want the right to marry.

Kerrigan & Mock vs. Connecticut Department of Public Health involves seven gay and lesbian couples from across Connecticut who were denied marriage licenses in Madison. On Aug. 25, 2004 the couples filed suit in New Haven Superior Court challenging what they say is the state’s “discriminatory denial of marriage rights to same-sex couples.”

The case is brought by Gay & Lesbian Advocates & Defenders, which also brought the lawsuits that established same-sex marriage rights in Massachusetts and civil unions in Vermont.

Carisa Cunningham, spokesperson for GLAD, said that the lawsuit is happening parallel to actions in the legislature. She said that the legislature was working on civil unions before the suit was filed and that the ultimate disposition of the lawsuit could take three years.

“Regardless of whether the legislature approves civil unions, the legal claim advanced by GLAD is the same,” Cunningham said. “It is an equal protection claim, a constitutional claim.”

“The issue is being discussed through the legislature, the courts and in the court of public opinion. Marriage law is a patchwork that will be figured out state by state.” she said, “Over the long haul, time is on our side and we will have marriage.”

The controversy over whether the bill should be amended to include language specifying that marriage is defined as between a man and a woman was settled when the amendment stating just that passed on an 80-67 vote.

Republican Connecticut Governor M. Jodi Rell is on record saying that she is opposed to same-sex marriage, prefers that the civil unions bill include language defining marriage as between a man and a woman and would veto the bill if it could change the definition of marriage. Days before the House was scheduled to vote, Rell asked the state’s attorney general, Richard Blumenthal, for a legal opinion on the effect of the civil union bill on state marriage law.

As the House gathered to begin discussion of the bill, Rell released a statement in which she said, “I am grateful for the attorney general’s prompt response to my questions about the potential effects of Substitute Senate Bill 963 on Connecticut’s marriage laws. He could not have been more clear: This bill in no way permits gay marriage.”

The Family Institute of Connecticut is a major opponent of civil unions in Connecticut. The organization did not return Blade calls seeking comment, but states in its Web log “Connecticut in the Crosshairs” that the civil union bill is same-sex marriage by another name.

The Family Institute of Connecticut has said that it believes marriage should be denied to same-sex partners because is a union that is designed for procreation and the raising of children. The Family Institute of Connecticut planned a rally to coincide with the House vote on the measure.

Connecticut is one of only nine states that have not passed a Defense of Marriage Act defining marriage as a relationship between a man and a woman.

Ore. governor calls for civil unions
Oregon Gov. Ted Kulongoski announced on Wednesday that he intends to request a bill that would provide civil unions for gay citizens in that state and another to outlaw discrimination based on sexual orientation.

“As I stated in ...