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.
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| Same-sex marriage legalized: |
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Same-sex marriage recognized,
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| Civil union or domestic partnership legal: |
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| Same-sex marriage prohibited by statute: |
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Same-sex marriage prohibited
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All types of same-sex unions prohibited
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Recognition of same-sex unions undefined
by statute or constitutional amendment:
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Notes
† California's laws on marriage are complicated: All out-of-state same-sex marriages are given the benefits of marriage under California law, although only those performed before November 5, 2008, are granted the designation "marriage". The constitutional ban on same-sex marriage remains in limbo following a federal case finding the ban unconstitutional, which is currently stayed pending a Supreme Court decision.
* 64 same-sex marriages were issued in 2004: one of these marriages was recognized as valid for the purposes of divorce in 2010. However this was a narrow ruling, and the recognition of the marriages is unknown elsewhere.
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