A Connecticut
superior court judge ruled Wednesday that because civil
unions provide the same protections and rights for gay
couples as marriage, the difference in name alone
between the two legal arrangements is not enough
to cause legal harm under the state's constitution.
Eight gay couples sued the state on the grounds that civil
unions were inferior to marriage and were
of unconstitutional separate-but-equal status,
but the judge disagreed.
"Civil union and marriage in Connecticut now
share the same benefits, protections, and
responsibilities under law," Judge Patty Jenkins
Pittman in New Haven wrote, according to the Associated
Press. "The Connecticut constitution requires that
there be equal protection and due process of law, not
that there be equivalent nomenclature for such
protection and process."
But Ben Klein, a senior attorney with Gay and
Lesbian Advocates and Defenders, which represented the
couples in their bid to obtain marriage licenses, said
that reasoning was incorrect. "Not many married
couples would trade in their marriage for a civil union,"
Klein told the AP. "The legislature set up civil
unions to deny the benefits of marriage. Marriage is
the most respected institution, and [state
legislators] did not want gay couples to get access to marriage."
Civil unions were created in 2005 when
Republican governor M. Jodi Rell signed into law a
bill passed by Connecticut's Democrat-controlled
legislature, which included language stating that marriage
is between a man and a woman. Jenkins Pittman
ruled that the rights afforded by civil unions are
identical to those that come with marriage.
"Though they argue that separate is never equal,
they have been subjected to no tangible separation at
all," she wrote of the plaintiff couples. "And the
court rejects the argument that the rhetorical
separation of marriage versus civil union is enough to
invoke an equal protection or due process analysis."
She added that it's up to the legislature to change
the name of civil unions to marriage.
The plaintiffs plan to appeal the ruling,
reports the AP. (The Advocate)