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KERRIGAN v. COMMISSIONER OF PUBLIC HEALTH

No. 17563.

904 A.2d 137 (2006)

279 Conn. 447

Elizabeth KERRIGAN et al. v. COMMISSIONER OF PUBLIC HEALTH et al.

Supreme Court of Connecticut.

Decided August 15, 2006.

Attorney(s) appearing for the Case

Vincent P. McCarthy, with whom was Kristina J. Wenberg, for the appellant (proposed intervenor Family Institute of Connecticut).

Kenneth J. Bartschi, Hartford, with whom were Bennett Klein, pro hac vice, and, on the brief, Annette Lamoreaux, New York City, Lori Rifkin, Karen L. Dowd, Hartford, Maureen Murphy, New Haven and Mary L. Bonauto, pro hac vice, for the appellees (plaintiffs).

Gregory T. D'Auria, associate attorney general, with whom were Robert W. Clark, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, and Susan Quinn Cobb, assistant attorney general, for the appellees (defendants).

SULLIVAN, C.J., and BORDEN, NORCOTT, PALMER and ZARELLA, Js.

NORCOTT, J.

In this appeal, we consider whether the trial court properly denied the motion of the proposed intervenor, the Family Institute of Connecticut (institute), to intervene as a party defendant in this declaratory judgment action brought by the plaintiffs, seven same sex couples,1 against, among others, the defendant department of public health (department),2 challenging the constitutionality of Connecticut...

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