No rush to altar yet for gay couples, in wake of court ruling

The Connecticut Supreme Court issued a verdict Friday, Oct. 10, that overturns a ban on gay marriage in Connecticut. In its 4-3 ruling on Kerrigan et al v. State Commissioner of Public Health et al, the court said that Connecticut’s civil unions are not an equal alternative to marriage for gay and lesbian couples.

Connecticut is the third state to legalize gay marriage, after Massachusetts and California.

In 2005, Connecticut was the first state to establish civil unions for gay couples without a court ruling compelling it to do so. However, the Legislature included language in the civil union bill that defined marriage as between a man and a woman.

“Materially, it really shouldn’t make a difference,� said Shaffin Shariff of Lakeville, who is in a civil union with Kevin Vetter. The couple have a son, Alexander. “It has symbolic value and national value, but essentially it’s about equality. It’s just the right thing to do in equalizing the status of couples.�

The Hartford Courant conducted a poll over the weekend that found a majority of Connecticut citizens — 53 percent — approve of the court’s decision. More Democrats support gay marriage than do Republicans, and independent voters reflect the statewide opinion.

Those who oppose gay marriage, such as the Family Institute of Connecticut, claim the Supreme Court is legislating from the bench. The Family Institute called the decision a “judicial fiat� in a press release.

“I think it’s the responsibility of the courts to interpret our constitution,� said state Sen. Andrew Roraback (R-30). “They have done their job and I think all of us should abide by their decision. It’s been a subject of considerable discussion in the Legislature ever since we passed our civil union bill, but now the court has, with this pronouncement, removed the question from the legislative arena, having found this to be a constitutional right.�

No strong opposition to the law

In a dissenting opinion, Justice Peter Zarella said that the purpose of marriage is to regulate procreation and that since same-sex couples can’t procreate, there is no reason for them to be married.

“If the state no longer has an interest in the regulation of procreation, then that is a decision for the Legislature or the people of the state and not this court,� he wrote.

Govenor M. Jodi Rell has said she will not seek to overturn the verdict. In a press release she said she did not feel such an attempt would meet with success.

The Family Institute is calling for citizens to vote “yes� on a question on the Nov. 4 ballot that asks if a constitutional convention should be convened. State law requires the question appear before voters every 20 years. Any changes proposed at the convention would then go to a statewide referendum. The group hopes that an amendment to ban gay marriage would meet with success.

“I, for one, don’t see a need for our constitution to be amended at this time,� Roraback said.

It is still unclear when, exactly, gay couples will be able to attain marriage licenses. According to Carol Buckheit, associate director of Love Makes a Family, the attorneys still have administrative work to finish before the ban is legally lifted. She said that Gay and Lesbian Advocates and Defenders, the group that represented the eight couples in the lawsuit, will issue its advice and guidelines for gay couples in the next few days.

Details of new law not clear yet

When asked if he and Vetter would get married now that it is legal, Shariff said they were planning to wait until all the ramifications of the decision are clear.

“We discussed it, but we don’t know enough about the law,� he said. “I can’t quite tell if the civil union is unconstitutional. If it’s unconstitutional, then the upgrade would be automatic. So we’re waiting to hear what our current status is.�

Buckheit said that civil unions are still valid right now, but that it is still unclear how they will be treated in the future.

“Couples should stand by and wait for the case to be sorted out,� she said.

As for whether the decision will bring couples to the state to wed and perhaps live, the effects are not yet known. Buckheit said out-of-state couples will be able to marry in Connecticut, but their marriages might not be recognized in their home states. New York Govenor David Patterson has said his state will honor gay marriages performed in other states.

Shariff, who is co-owner of the Wake Robin Inn in Lakeville, which hosts dozens of weddings every year, doesn’t feel the decision will bring a lot more business his way.

“Because the civil union had already gone through, and we’re not the first state to do this, we’re competing,� he said. “Massachusetts has it, California has it. I always thought that if you were a couple and you wanted to celebrate, you could do it anywhere.

“I think this is more about equality than economics. But if more business comes our way, that benefits everybody in the area.�