Kerrigan v. Commissioner of Public Health
Encyclopedia
Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court
holding that the Connecticut Constitution
protects the right to same-sex marriage
. The vote was 4-3. The decision made Connecticut
the third state to have its state supreme court declare a constitutional right to same-sex marriage
, following Goodridge v. Department of Public Health
, a Massachusetts Supreme Judicial Court
2003 decision and In re Marriage Cases
a 2008 California Supreme Court decision.
Oral argument was heard on May 14, 2007 and judgment was rendered over a year later on October 10, 2008. The majority opinion was written by Justice Richard N. Palmer
and joined by Justices Joette Katz
, Flemming L. Norcott, Jr.
, and Connecticut Appellate Court Judge Lubbie Harper, Jr. (who replaced the recused Chief Justice Chase T. Rogers
). Justices David M. Borden
, Christine S. Vertefeuille
, and Peter T. Zarella
dissented.
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...
holding that the Connecticut Constitution
Connecticut Constitution
The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It is the second constitution that the state has had...
protects the right to same-sex marriage
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
. The vote was 4-3. The decision made Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
the third state to have its state supreme court declare a constitutional right to same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, following Goodridge v. Department of Public Health
Goodridge v. Department of Public Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was a landmark state appellate court case dealing with same-sex marriage in Massachusetts. The November 18, 2003, decision was the first by a U.S...
, a Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
2003 decision and In re Marriage Cases
In re Marriage Cases
In re Marriage Cases 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and...
a 2008 California Supreme Court decision.
Oral argument was heard on May 14, 2007 and judgment was rendered over a year later on October 10, 2008. The majority opinion was written by Justice Richard N. Palmer
Richard N. Palmer
Justice Richard N. Palmer is an Associate Justice on the Connecticut Supreme Court. He was born on May 27, 1950 in Hartford, CT. He received his Bachelor of Arts Phi Beta Kappa, from Trinity College in Hartford in 1972...
and joined by Justices Joette Katz
Joette Katz
Joette Katz is Commissioner of the Connecticut Department of Children and Families, and a former Associate Justice of the Connecticut Supreme Court, where she also served as the administrative judge for the state appellate system....
, Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr. is an Associate Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Superior Court in 1979 and remained there until his elevation to the Connecticut Appellate Court in 1987. He was appointed to the Connecticut Supreme Court in 1992. He also serves...
, and Connecticut Appellate Court Judge Lubbie Harper, Jr. (who replaced the recused Chief Justice Chase T. Rogers
Chase T. Rogers
Chase T. Rogers is the Chief Justice of the Connecticut Supreme Court, the second woman to serve in this capacity. She is a graduate of Stanford University and Boston University School of Law. Rogers is a Connecticut native. She was nominated by Governor M. Jodi Rell and sworn in April 25, 2007,...
). Justices David M. Borden
David M. Borden
-Judicial career:Justice Borden received his Bachelor of Arts degree from Amherst College in 1959 and his Bachelor of Laws degree from Harvard Law School in 1962...
, Christine S. Vertefeuille
Christine S. Vertefeuille
Christine S. Vertefeuille is a Senior Associate Justice on the Connecticut Supreme Court. She is a Connecticut native, born in New Britain, Connecticut...
, and Peter T. Zarella
Peter T. Zarella
Peter T. Zarella is an Associate Justice of the Connecticut Supreme Court . He was appointed by former Governor John G. Rowland in January 2001. Zarella is the former chair of the Connecticut Criminal Justice Commission and the current chair of the Rules Committee which has responsibility for...
dissented.
See also
- Baker v. VermontBaker v. VermontBaker v. Vermont, 744 A.2d 864 , was handed down on December 20, 1999 by the Vermont Supreme Court. The decision represented one of the first high-level judicial affirmations of same-sex couples' right to treatment equivalent to that of traditionally married couples...
, 744 A.2d 864 (Vt. 1999) - Lewis v. HarrisLewis v. HarrisLewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution....
, 188 N.J. 415 (N.J. 2006) - Varnum v. BrienVarnum v. BrienVarnum v. Brien, 763 N.W.2d 862 , is an Iowa court case in which six same-sex couples filed suit against Timothy Brien, Polk County Recorder, for refusing to grant marriage licenses to them...
, 763 N.W.2d 862 (Iowa 2009) - Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...