Earlier this week, Connecticut became the second state after Vermont to recognize same-sex civil unions. It was the first state to do so by an act of the legislature rather than the judiciary. The good news is that this milestone caused barely a ripple, news-wise. The other good news is that couples unionized (or is that “civilized”?) under the new law “shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage (State of Connecticut, Public Act No. 05-10, Sec. 14).” (The big exception is that couples in a civil union will not be able to file joint state tax returns because Connecticut ties filing status to federal law. See the Love Makes a Family Civil Union Fact Sheet.)
Here’s the other kicker. The Section above concludes: “as are granted to spouses in a marriage, which is defined as the union of one man and one woman.” Connecticut Attorney General Richard Blumenthal has interpreted this as prohibiting the recognition of same-sex marriages in Connecticut. Connecticut will recognize civil unions from other states, and domestic partnerships from California (which Blumenthal says are similar enough to a civil union). Connecticut will not, however, recognize same-sex marriages from other states. Blumenthal says the the “Full Faith and Credit” clause of the U. S. Constitution, which regulates how states must recognize each others’ laws, requires Connecticut to recognize other states’ civil unions, but not same-sex marriages, because this would be in direct contradition to Connecticut’s “expressly articulated public policy.” Same-sex couples married in another state, however, “are allowed by Connecticut law to obtain a Connecticut civil union.”
Personally, I think this is just an excuse to collect another $30 in license fees. Let’s face it: New England states are small, and the number of people who commute, move, travel, and visit among them is large. It will just be a logistical nightmare, especially for those who work in one state but live in another. The nightmare of updating HR systems to track all this has just begun.
So is this progress? Yes. Perfection? No. Should you get a Connecticut civil union? That’s up to you and your partner, hopefully in consultation with your lawyer (which I am not, so read the above accordingly). You may also have an opportunity to make yourselves legal in Massachusetts within several months, even if you don’t live there. The Supreme Judicial Court is hearing arguments for overturning the 1913 law that is being used to prevent non-resident same-sex couples from marrying there.
