What Will Connecticut Do?

California's Supreme Court has long been one of the nation's most highly regarded courts. It is generally recognized as both moderate and nonpartisan. Chief Justice Ronald M. George, who authored the majority opinion, was appointed by a Republican governor, as were two of the three other justices who joined the opinion. These factors -- together with how reasoned and principled the exhaustive, 121-page majority decision is -- will make it highly influential to other courts deciding similar issues.

Connecticut's high court is one of those. That court is expected to rule soon on the same issue decided in California: whether the fundamental right to marry and the constitutional guarantee of equal protection can be satisfied by relegating one group of people to some other status with a different name. The California decision concluded that "the exclusion of same-sex couples from the designation for marriage works a real and appreciable harm upon same-sex couples and their children." It explained how that exclusion marks gay couples as second-class citizens and how the unfamiliarity with terms other than marriage causes them significant practical difficulties, often during emergencies. The decision found that allowing same-sex couples to marry, however, does not deprive opposite-sex couples or their children of any rights. This insightful evaluation of what's at stake should go far in shaping the Connecticut court's thinking. (source)

It's funny. Just after we went to bed last night, Kent and I talked about going to California before November, and obtaining a marriage license. But the question came up, what would it really buy us? I thought it would be a good thing to add to the rest of our legal documents, but the fact of the matter is, although everyone knows what a marriage certificate is (unlike a civil union certificate), it's not clear that Connecticut would honor it as such.

So, I guess we will wait to see what happens. Perhaps what happened in California will effect the Connecticut Supreme Court decision. They are set to make a ruling shortly on whether Connecticut will start issuing marriage licenses to gay couples. I'll keep my fingers cautiously crossed.

One thing I know a lot of couples are thinking of has me a bit worried. Basically, go to California, get married, return to your home state, and sue the state to recognize your new marriage. I too have thought the same thing. However, some groups are stating this is a bad idea...

With only a few days left before gays can marry in California, nine major gay rights groups asked couples Tuesday not to sue the federal government or other states to have their California nuptials recognized, saying that legal action could harm the marriage equality movement.

In an unusual six-page memorandum, written for same-sex couples, groups ranging from the American Civil Liberties Union to Lambda Legal warned that lawsuits would invite "bad" court rulings that could take years to overturn.

The memo cautioned that the U.S. Supreme Court has traditionally refused to embrace major social change until many states have already acted and that the battle for marriage must be orchestrated strategically, state by state, court by court.

"Bad rulings will make it much more difficult for us to win marriage, and will certainly make it take much longer," the memo said. (source)

Point well taken, but that is exactly why Connecticut is being sued and why the Connecticut Supreme Court is now involved.. Some gay couples got together after the civil union bill passed, and sued the state for marriage. In a sense, this whole issue has taken on a life of it's own.

We are going to wait and see where it all goes. The only thing worse than being separate and unequal (civil unions = sitting in the back of the bus) is completely being separated from the hope of equality (amendments against civil unions and marriage = not even able to get on the bus).

This issue doesn't rule our lives. We are just like any other couple in America. Gas prices are more of a concern along with the future make up of the U.S. Supreme Court. I'm sure many who read this blog think that this is a very consuming issue for us. It isn't at all. These days, I only think about it when some article comes out on it. And, I suppose I'll think about it when a hospital prevents me from having visitation rights with my partner because today, we are legal strangers.

Somehow, that just seems "unAmerican." The problem is, unfortunately, is that it is very American to divide one group from another, and make one group better than the other. We do it all the time.