Connecticut Legislature Passes Marriage Equality Bill

Last night the House passed a bill to codify the Connecticut Supreme Court decision on same-sex marriage, the Senate passed the bill earlier in the day.

Amendment Gives Religious Organizations Exemption To Same-Sex Ruling

By DANIELA ALTIMARI | The Hartford Courant
April 23, 2009

State legislators on Wednesday approved a measure that strives to strike a balance between the rights of gay couples and the rights of religious institutions that object to same-sex marriage.

A spokesman for Gov. M. Jodi Rell said she will sign the bill.

Votes in both the House of Representatives and the Senate came after hours of often impassioned discourse that touched on broad themes of religious liberty, freedom from discrimination and the state's long history of tolerance. The debate capped a multi-faceted campaign by gay marriage opponents that included newspaper and radio ads and messages from the pulpit.

The language exempting religious organizations, borrowed from the statute that legalized same-sex marriage in Vermont, wasn't essential to protecting religious liberties, said state Rep. Beth Bye, D- West Hartford.

"But there were people who felt it needed to be there," she said at 11:15 p.m., moments after the measure passed in the House by a vote of 100-44.

The two amendments that were added are...

Amendment A,

"Sec. 501. (NEW) (Effective from passage) Notwithstanding any other provision of law, a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if the request for such services, accommodations, advantages, facilities, goods or privileges is related to the solemnization of a marriage or celebration of a marriage and such solemnization or celebration is in violation of their religious beliefs and faith. Any refusal to provide services, accommodations, advantages, facilities, goods or privileges in accordance with this section shall not create any civil claim or cause of action, or result in any state action to penalize or withhold benefits from such religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.

Sec. 502. (NEW) (Effective from passage) The marriage laws of this state shall not be construed to affect the ability of a fraternal benefit society to determine the admission of members as provided in section 38a-598 of the general statutes or to determine the scope of beneficiaries in accordance with section 38a-636 of the general statutes, and shall not require a fraternal benefit society that has been established and is operating for charitable and educational purposes and which is operated, supervised or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society's free exercise of religion as guaranteed by the first amendment to the Constitution of the United States and section 3 of article first of the Constitution of the state.

Sec. 503. (NEW) (Effective from passage) Nothing in this act shall be deemed or construed to affect the manner in which a religious organization may provide adoption, foster care or social services if such religious organization does not receive state or federal funds."

And Amendment C (the amendment just added part of the last sentence in blue),

"Sec. 503. (NEW) (Effective from passage) Nothing in this act shall be deemed or construed to affect the manner in which a religious organization may provide adoption, foster care or social services if such religious organization does not receive state or federal funds for that specific program or purpose."