Connecticut Lesbian and Gay Rights Attorney
Connecticut Gay Marriage & Civil Union Attorney
Connecticut same-sex marriage Attorney
Law Offices of Irene C. Olszewski, LLC
Same-Sex Marriage in
Connecticut
On October 10, 2008, the Connecticut Supreme Court issued its decision in Kerrigan v. Commissioner of Public Health in which it ruled that same-sex couples could not be denied the right to marry in Connecticut. Judge Jonathan E. Silbert signed the final judgment on November 12, 2008 and same-sex marriage became a reality in Connecticut.
Gay and lesbian couples are now entitled to the same state rights and protections as their heterosexual counterparts. However, the federal Defense of Marriage Act restricts marriage as between one man and one woman. Same-sex marriages, therefore, do not receive federal recognition. In fact, the majority of states and most foreign countries also do not recognize same-sex marriage.
The following table illustrates the main differences between heterosexual and same-sex marriage:
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Heterosexual Marriage |
Same-Sex Marriage |
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Heterosexual Marriage versus Same-Sex Marriage
A marriage between a heterosexual couple is portable, meaning that it is recognized in all 50 states. A heterosexual couple married in Connecticut is considered married no matter where they travel or relocate. Heterosexual marriages can be dissolved in any state. By contrast, a valid Connecticut marriage between a same-sex couple is not portable, meaning that a same-sex couple is not considered legally married in those states and/or foreign countries that do not recognize same-sex marriage. Same-sex marriages can only be dissolved in states that recognize such marriages. Here are some key differences between heterosexual and same-sex marriages:
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Heterosexual married couples enjoy all of the rights, benefits, protections and responsibilities offered by the federal government, including spousal veterans benefits, spousal social security benefits, and federal tax benefits. |
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Same-sex couples entering into marriage are not recognized by the federal government and do not enjoy any rights, benefits, protections or responsibilities offered by the federal government to their heterosexual married counterparts. For example, a same sex couple who have entered into marriage cannot file a joint federal return nor can they collect their partner's social security or veteran's survivor benefits. |
Issues to Consider
Before Entering Into Marriage in Connecticut
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Entering into a marriage will revoke your existing Last Will and Testament; |
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If you are in the process of adopting or are considering adopting a child, marriage may provide a barrier. Most foreign countries and some U.S. states prohibit same-sax couples from adopting but do allow single-parent adoptions; |
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You may be disqualified from certain state government programs because your spouse's income and assets may be included with your own; |
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Connecticut law provides that married persons are responsible for their spouse's debts including medical bills, rent and the purchase of items that support the family or benefit the couple; |
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Connecticut law provides that a spouse generally cannot disinherit a spouse by leaving that spouse out of her/his will unless the couple has signed a valid prenuptial agreement; |
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Your marriage cannot be dissolved without meeting specific residency requirements in the State of Connecticut, and other states may or may not allow you to obtain a dissolution of marriage outside of Connecticut; |
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If you choose to dissolve your marriage, a court will determine the division of your property, alimony, child support and visitation, and other related issues, if the couple cannot agree on their own; |
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Absent a clear prenuptial agreement addressing the question, a court may consider any property owned by either or both of the parties as property subject to distribution in a dissolution proceeding; |
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If you are in the military, an "attempted marriage" to a person of the same sex is grounds for discharge under the "Don't Ask, Don't Tell" policy; |
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An employer-sponsored domestic partnership plan may require you to be "unmarried" in order to qualify; |
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Foreign nationals should not marry without consulting an experienced immigration attorney. Applying for a change in immigration status based on a marriage to a same-sex partner could lead to deportation or future denials of visa applications; and |
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Marriage is a legal status that will have to be disclosed on forms and records in both public and private contexts. |
Please click on the links below to be re-directed to the appropriate pages for related information:
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Advance Directives and Other Important Documents for Lesbians and Gays |
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Brochures & Pamphlets: (.pdf files requires Adobe®Reader®).
**Contact us for a complimentary copy of these brochures or download them here**
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Before You Enter Into Marriage In Connecticut: A Brief Guide for Lesbian & Gay Couples (.pdf) (the Law Offices of Irene C. Olszewski, LLC) 2009 |
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How To Get Married In Connecticut (.pdf) (GLAD) 2008 |
Posts On Same-Sex Marriage From The
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Connecticut Law Tribune Article Revisits Same-Sex Marriage in Connecticut One Year Later |
What is Civil Union?The State of Connecticut enacted "An Act Concerning Civil Union" (Public Act 05-10) which went into effect on October 1, 2005. In a nutshell, the Act enables two people of the same sex to enter into a legally recognized relationship status known as "civil union". A gay or lesbian couple entering into civil union are entitled to same state rights, benefits and responsibilities currently available to heterosexual and same-sex married couples in Connecticut. Note that with the passage of SB-899, which the governor signed into law, the last day to technically obtain a Connecticut civil union license is September 30, 2010. With marriage available to same-sex couples, however, there is no real reason to enter into civil union. See discussion above.
If
We Already Have a Civil Union in Connecticut Are We Now Considered
Married?NO! Your civil union status will not automatically cease and convert to marriage status until October 1, 2010. Prior to that date, you may enter into marriage in Connecticut even if you have a Civil Union provided you are marrying the same person. If you wish to marry a different person, you must first dissolve your Civil Union in a court of law. If you do not enter into a legal marriage with your civil union partner prior to October 1, 2010, you will automatically be considered married as of that date and your civil union status will cease. Until that date, couples who have entered into Civil Union remain in that specific legal status.
Is
Civil Union for every same-sex couple?NO! Civil Union is not for every same-sex couple. Just as not every heterosexual couple should to enter into marriage, not every lesbian or gay couple should enter into civil union. Although there are numerous rights, benefits and protections under civil union, there are also numerous legal responsibilities. In addition, the status of civil union may change some important aspects of your life. For example, if you are:
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In the military |
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planning to adopt a child |
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receiving specific entitlement benefits |
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planning to move to another state |
...civil union may not be right for you. It is prudent to consult a licensed attorney prior to entering into civil union -- especially if you fall into any of the above categories. A Connecticut gay and lesbian rights attorney at the Law Office of Irene C. Olszewski, LLC is available to answer your questions.
If
we are entering into Civil Union, are there other legal documents we
should consider executing?YES! There are a variety of legal documents that may be appropriate for you and your partner to consider. Such documents are not necessarily exclusive to the lesbian/gay community, but there may be special provisions that your attorney will advise you to consider because of the need for extra caution. For example:
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Advance Directives (directions concerning Life Support) |
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Designation of a Conservator |
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Appointment of a Standby Guardian (if you have children) |
You should consult a licensed attorney to evaluate your personal needs and recommend the appropriate documents of protection. For more information on Connecticut Civil Unions and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
Brochures & Pamphlets: (.pdf files requires Adobe®Reader®).
**Contact us for a complimentary copy of this brochure or download it here**
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Before You Enter Into Civil Union in Connecticut (.pdf) (the Law Offices of Irene C. Olszewski, LLC) 2005 |
Fact Sheets & Articles:
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Civil Unions In Connecticut (CT Judicial Branch Law Libraries) |
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Questions About Civil Unions Legislation (CT Office of Legislative Research) |
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Connecticut Department of Public Health (Information on Civil Union licenses & certificates) |
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We have chosen NOT to enter into
Marriage or Civil Union. What
do we need to know from a legal standpoint?If you have chosen NOT to enter into marriage or civil union, there are still legal issues you should consider. For example, a Will or Trust document is still appropriate if you own property, have an extensive estate, or wish to direct how your estate is distributed upon your death. For those couples who do not choose to enter into marriage or civil union, but who still wish to protect themselves from various issues that may arise, there are still several legal documents that may be explored. Most notably, a Property Settlement Agreement or Relationship Agreement is still a valuable document that will offer individuals specific protections if a relationship dissolves (especially where real estate is involved).
Whether you are joined in civil union or not, Advance Directives (directions concerning life support measures) are still important to execute. And documents such as a Power of Attorney or Designation of a Conservator may also be in your best interest. You are advised to consult a licensed attorney, who can adequately evaluate your personal needs and draft the appropriate documents of protection. For more information on your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
Brochures & Pamphlets: (.pdf files requires Adobe®Reader®).
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Legal Documents for Same-Gender Couples & LGBT Individuals (.pdf) (the Law Offices of Irene C. Olszewski, LLC) 2007 |
**Contact us for a complimentary print copy of this brochure**
For information on the legal documents described above, please click on the following links to explore a topic of interest:
Co-Parent & Step-Parent Adoptions for Lesbian and Gay Couples
Advance Directives & Other Documents for Lesbians and Gays
Power of Attorney for Lesbians and Gays
Dissolution of Marriage & Civil Union
Other Websites of Interest
to the GLBTI community
Read the Article: "A Year of Questions" **
(**Published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article)
Blog: Connecticut Lesbian and Gay Law Blog: Attorney O's Midnight Musings
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The Law Offices of Irene C. Olszewski, LLC handles legal matters for GLBTI clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County.
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Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
Manchester, Connecticut Same-Sex Marriage & Civil Union Lawyer
Connecticut Gay and Lesbian (GLBTI) Rights Lawyer
Connecticut Gay and Lesbian Marriage Lawyer
Law Offices of Irene C. Olszewski, LLC