Kerrigan Case Study

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Kerrigan v. Commissioner of Public Health, 289 Conn. 135 (2008)

Facts: The plaintiffs, eight same-sex couples, were denied marriage licenses and brought action against the state and local officials. The plaintiffs made a claim stating that the state statutory prohibition, § 46b-38nn, against same-sex marriage was a violation of their right to substantive due process and equal protection under the state constitution. The Connecticut Superior Court rendered summary judgment in favor of the defendants, which resulted in an appeal from the couples.

Rule: Denying same-sex couples the right to marry, even granted them a parallel status under a civil union, violates the equality and liberty provisions of the Connecticut Constitution.

Issue: Whether

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