Same-sex marriage still not on books

Hartford (WTNH) - It's been four months since marriage for same sex couples in Connecticut offically became law by court order, but there is still no official law on the books, only the Civil Unions Law which the court ruled unconstitutional.

A battle is now underway to fix the law and there is disagreement on how to do it.

It should be a pretty simple task, but like almost everything at the state capitol, what appears simple never is.

Ever since the first same sex couples got married in front of New Haven City Hall last November, the law of the land in Connecticut has been marriage for all couples, regardless of their sex, as ruled by the State Supreme Court. But the existing Civil Unions Law is still on the books. State lawmakers are moving to make the law comply with the high court ruling.

The couple named in the now famous case was among those at the capitol today urging quick passage of a same sex marriage law clean up bill. Those who oppose same sex marriage see big problems with the proposal because it removes old anti-discrimination language that was designed to counter fears that the homosexual lifestyle would be taught in schools.

"Our concern is if that law gets repealed," said Peter Wolfgang, of the Family Institute of Connecticut, "it will be read as a legislative intent either by a Commission on Human Rights, or maybe some judge, that there's now a mandate to teach homosexuality in the public schools."

But part of the High Court's ruling was that that the language was discriminatory.

"That language had no legal impact back when it was passed," said Ann Stanback, of the group Love Makes a Family. "Repealing it would have no legal impact now."

The Catholic Church is concerned that devout Catholics in certain professions would be restricted from practicing their faith.

"We can look at a Justice of the Peace, who may be a Catholic and want to live according to their faith, is given a decision either to perform a same sex marriage, which violates their faith, or not to perform it," said David Reynolds, of Connecticut Catholic Conference. "And if they don't perform it, they could lose their position."

Proponents say Priests and other clergy are completly protected and can't be forced.

"Justices of the Peace, on the other hand, are actors of the state and they have to follow the laws of the state," Stanback said. "And if they can't, they should not be a Justice of the Peace. It's as simple as that."

A source on the Judiciary Committee says that despite the opposition, he believes this bill will get final passage with little difficulty.