Rosengarten v. Downes

In Rosengarten v Downes (71 Conn App 372 [2002]) the Connecticut Appellate Court denied that Connecticut had a strong public policy in favor of same-sex civil unions. In fact the Appellate Court declared, "Connecticut has exercised the power to limit by law who may marry since the beginning of the colony." (71 Conn App at 388, 802 A2d at 180.) Rejecting plaintiff's argument that the state's antidiscrimination statutes prohibiting discrimination on the basis of sexual orientation evidenced a public policy to recognize same-sex marriages or civil unions, the Connecticut Appellate Court stated, "General Statutes 46a-81r, one of the sections of Title 46a on which the plaintiff relies, provides in relevant part: 'Nothing in sections . . . 46a-81a to 46a-81q, inclusive . . . shall be . . . construed . . . (1) to mean the state of Connecticut condones homosexuality or bisexuality or any equivalent lifestyle . . . (4) to authorize the recognition of or the right of marriage between persons of the same sex, or (5) to establish sexual orientation as a specific and separate cultural classification in society.' " (71 Conn App at 387, 802 A2d at 179.)