a public defender

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

Attorney General Blumenthal announced yesterday [formal opinion here] that Connecticut would give full faith and credit to civil unions entered into in other states. The question posed to AG Blumenthal was:

whether Connecticut courts will recognize out-of-state civil unions, same-sex marriages and same-sex domestic partnerships after Connecticut’s Act Concerning Civil Unions, 2005 Conn. Pub. Act No. 05-10 (the "Act" or "P.A. 05-10"), takes effect on October 1, 2005. In particular, [ ] whether, after October 1st, a couple that has entered into a civil union, same-sex marriage, or domestic partnership out-of-state may legally enter into a civil union in Connecticut with the same partner.

Since CT recently passed a civil unions bill, recognizing out-of-state civil unions fits with public policy and therefore will be recognized. The AG concluded as follows:

• The Connecticut General Assembly in Public Act No. 05-10 specifically approved civil unions for same-sex couples. Since this law expressly articulates our State’s public policy, civil unions performed under the laws of other States are valid in Connecticut under the Full Faith and Credit Clause of the United States Constitution.
• At present, our courts will conclude that Connecticut law and the Full Faith and Credit Clause of the United States Constitution require Connecticut to recognize Vermont civil unions and California same-sex domestic partnerships. Other out-of-state, legally authorized same-sex domestic partnerships may be recognized as civil unions in Connecticut depending on how specific provisions of other States’ laws compare to ours.
• Same-sex couples whose civil unions and domestic partnerships are performed in other States and recognized in Connecticut already have a valid civil union in Connecticut that need not and cannot be repeated in Connecticut.
• The Connecticut General Assembly has specifically determined that same-sex marriages are contrary to Connecticut law. Because the legislature has determined that marriages in Connecticut may only be between a man and a woman, same-sex marriages performed under laws of any other State violate Connecticut’s expressly articulated public policy and are not required by the Full Faith and Credit Clause of the United States Constitution to be recognized here.
• Because same-sex marriages performed under the laws of another State are not valid marriages or civil unions in Connecticut, same-sex couples married under the laws of another State are allowed by Connecticut law to obtain a Connecticut civil union.

So, civil unions - yes. Same-sex marriages - no, but can get civil unions. If my memory serves me correctly, a lawsuit has already been filed challenging the law defining marriage as between a man and a woman. As of now, however, AG Blumenthal has rendered, in my opinion, a pretty accurate reading of the law. Read the whole formal opinion to see a discussion of the FF&C clause in CT.