KERRIGAN v. COMMISSIONER OF PUBLIC HEALTH

No. 17716.

957 A.2d 407 (2008)

289 Conn. 135

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

Supreme Court of Connecticut.

Decided October 28, 2008.


Attorney(s) appearing for the Case

Bennett C. Klein, pro hac vice, with whom were Kenneth J. Bartschi and Mary L. Bonauto, pro hac vice, and, on the brief, Karen L. Loewy, pro hac vice, Jennifer L. Levi, pro hac vice, and Karen L. Dowd, Maureen Murphy and Renee Redman, for the appellants (plaintiffs).

Jane R. Rosenberg, assistant attorney general, with whom were Robert W. Clark and Susan Quinn Cobb, assistant attorneys general, and, on the brief, Richard Blumenthal, attorney general, for the appellees (named defendant).

Judith Ravel, Guilford, for the appellee (defendant Dorothy Bean, acting town clerk of the town of Madison).

Jennifer A. Osowiecki filed a brief for Connecticut Clergy for Marriage Equality et al. as amici curiae.

Daniel J. Klau filed a brief for Carlos Ball et al. as amici curiae.

Sheila A. Huddleston, Christopher R. Drury, Lee Anne Duval and Kevin M. Roy filed a brief for Ian Ayres et al. as amici curiae.

Noah B. Novogrodsky, Ben A. Solnit and Paul Guggina filed a brief for the International Human Rights Clinic of the University of Toronto Faculty of Law et al. as amici curiae.

Stuart D. Rosen, William C. Heuer, Meghan Freed Pelletier, Stuart F. Delery, Nora Freeman Engstrom and Benjamin C. Mizer filed a brief for the Human Rights Campaign et al. as amici curiae.

Sheila Horvitz filed a brief for the Connecticut chapter of the American Academy of Matrimonial Lawyers as amicus curiae.

Linda L. Morkan and Kori Termine Wisneski filed a brief for the Lambda Legal Defense and Education Fund, Inc., as amicus curiae.

Timothy S. Fisher, Charles D. Ray and Brian P. Rice filed a brief for Peter W. Bardaglio et al. as amici curiae.

Leslie I. Jennings-Lax filed a brief for Barbara Aaron et al. as amici curiae.

Martin B. Margulies, Emanuel Margolis, Mary-Kate Smith, Jennifer Gerarda Brown and Suzanne B. Goldberg filed a brief for the American Association of University Women in Connecticut et al. as amici curiae.

Paul M. Smith, William M. Hohengarten, Eric Berger, Nathalie F.P. Gilfoyle and Sandra Rachel Baker filed a brief for the American Psychological Association et al. as amici curiae.

Joseph Niglio, Paul R. Devin, Thomas Brejcha and Paul Benjamin Linton filed a brief for the Knights of Columbus as amicus curiae.

Dwight G. Duncan and William T. Barrante filed a brief for the Alliance for Marriage as amicus curiae.

Peter Wolfgang filed a brief for John Coverdale et al. as amici curiae.

Michael K. Conway filed a brief for James Q. Wilson et al. as amici curiae.

Anthony R. Picarello, Jr., Roger T. Severino and Howard M. Wood III filed a brief for the Becket Fund for Religious Liberty as amicus curiae.

Gregg Hannan and Monte N. Stewart filed a brief for United Families Connecticut as amicus curiae.

Howard M. Wood III filed a brief for Paul McHugh et al. as amici curiae.

Vincent P. McCarthy, Laura Hernandez and Kristina J. Wenberg filed a brief for the Family Institute of Connecticut as amicus curiae.

Mark W. Dost filed a brief for the Connecticut Catholic Conference, Inc., as amicus curiae.

Hugh D. Hughes, Benjamin W. Bull, Glen Lavy, Christopher R. Stovall and Dale Schowengerdt filed a brief for the Family Research Council as amicus curiae.

BORDEN, NORCOTT, KATZ, PALMER, VERTEFEUILLE, ZARELLA and HARPER, Js.


PALMER, J.

The issue presented by this case is whether the state statutory prohibition against same sex marriage violates the constitution of Connecticut. The plaintiffs, eight same sex couples, commenced this action, claiming that the state statutory prohibition against same sex marriage violates their rights to substantive due process and equal protection under the state constitution. The trial court rendered summary judgment in favor of the defendant state and...

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