Danbury News-Times

04/17/05

House OKs civil unions
Lawmakers add marriage clause, send bill back to Senate
By Fred Lucas

HARTFORD – Many gay couples in Connecticut got what they wanted Wednesday.

So did Gov. M. Jodi Rell.

After six hours of debate, the state House of Representatives voted 85 to 63 to recognize civil unions between same-sex couples, bringing the state one step closer to making history.

Connecticut would be the third state to formally recognize gay and lesbian partners, and the first to do so without a court order.

"This country is about equality," said state Rep. Robert Godfrey, D-Danbury, who called the "yes" vote one of the most important of his career. "This country is about opportunity that need not be denied to anyone for any reason other than merit."

However, before the final House vote, lawmakers added language emphasizing the state does not consider civil unions the same as marriage. The amendment defined marriage as a union between a man and a woman.

Rell, a supporter of civil unions, said she would be more comfortable signing the bill with such language. If the measure does become law, gay partners could enter into civil unions beginning Oct. 1.

"The House bill sends an unambiguous message about our commitment to fight discrimination, promote civil rights and preserve the traditional institution of marriage," Rell, a Republican, said in a written statement.

The Democrat-controlled Senate already approved the civil unions bill. But because of the House amendment, the Senate will have to vote again. Patrick Scully, spokesman for Senate Democrats, predicted the House bill would be approved even though senators previously rejected the marriage amendment.

"It was unnecessary and was done to marginalize gay people," Scully said. "While we would have liked the entire bill to be passed, the amendment added does not affect what the bill does."

Earlier in the day, Democratic Attorney General Richard Blumenthal said much the same thing.

In response to a request by Rell, he offered a formal opinion that no amendment was needed; state law already was clear that marriage is between a man and a woman.

He said Connecticut laws already refer to "husband" and "wife" and "bride" and "groom." Plus, he said, a 2000 law to allow gay couples to adopt children states it is "the current policy" of the state to recognize only opposite sex marriage.

"Emphatically and unequivocally, my opinion is that enactment of this measure would provide no authority to perform or license marriage between same sex couples in Connecticut," he said.

But with conservative and religious groups protesting outside the state Capitol, some lawmakers wanted to make sure.

"I believe in my heart and soul that marriage is between a man and a woman," said Rep. Lawrence Cafero, R-Norwalk, who proposed the amendment that defined marriage to the civil unions bill. It passed 80 to 67.

"I also believe committed, same-sex couples deserve rights," Cafero said. "You can call it a civil union if you want. It might not have a legal effect, but in the context of this legislation, it is imperative we define marriage."

Godfrey and state Rep. Lewis Wallace, D-Danbury, voted for the civil unions bill. Seven other Danbury area House members, all Republicans, opposed it. They said surveys indicated constituents were overwhelmingly opposed to civil unions or gay marriage.

Rep. Mary Ann Carson, R New Fairfield, said she received phone calls on the bill until 11 p.m. Tuesday.

"Many are saying this doesn't affect marriage today and it doesn't," Carson said. "What it does toward marriage in the near future we don't know."

Across the nation, nearly 20 states have changed their constitutions to ban gay marriage and similar unions. But New England is running against the grain. Last year, Massachusetts began marrying gay couples after a state Supreme Court ruling. Vermont's highest court paved the way for civil unions several years earlier.

In legal terms, civil unions essentially bestow the same rights enjoyed by married couples. Gay couples would be able to inherit property from their partners, file joint tax returns and share health benefits, among other things.