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Bill would give gay couples marriage benefits

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HARTFORD - Supporters of civil unions want the legislature to address problems with the existing law, but opponents said part of the measure is an attempt to promote same-sex marriage.

House Bill 5925 would require state agencies to work with gay couples to help them obtain the same benefits, protections and responsibilities under law as are granted to spouses in a marriage.

The state would also have to send a letter to that effect to all of its employees, judges and agents.

Although the state intended full rights and privileges when it legalized homosexual unions in October 2005, same sex couples told the legislature's Judiciary Committee Monday of the difficulties they still face changing their names, obtaining certain documents and dealing with institutions.

Holly Robinson of Danbury told the committee how a hospital sought to require her partner to undergo mandatory counseling for single mothers after giving birth.

Robinson was allowed access to her partner's room during the birth, but then had trouble obtaining a civil union birth certificate worksheet, a form put out by the state Department of Public Health.

"We were frustrated by constant battles (during our) hospital stay solely because our legal status was not understood," Robinson said of her civil union.

"That's something a married couple never has to stop and explain."

Cathy Osten of Sprague explained how a Hartford funeral home refused to allow her sister's partner, Lynn Ferrari, to sign Linda Osten's death certificate or authorize her cremation.

The funeral director wanted to speak to a blood relative, Osten said, and didn't change his tune until state officials stepped in.

Osten, Sprague's first selectwoman and a lieutenant in the state Department of Correction, found judiciary co-chairmen Rep. Michael Lawlor and Sen. Andrew McDonald at a Christmas party and told them of the problem.

The men made calls that resulted in the funeral director apologizing, but Osten said the incident shows that gay couples still don't receive full dignity and respect.

"The only reason (Ferrari and Osten) wanted to be in a civil union was protection under the law because my sister had cancer-they were waiting for marriage," Osten said, adding later "I think it should be marriage. If two people are together and have a committed relationship, it is marriage."

Lawlor concurred, saying a word change may be the only way to change people's attitudes, but opponents said the bill already goes too far.

Peter Wolfgang, executive director of the Family Institute of Connecticut, criticized two components of the legislation.

The first would require the state to study how to make gays whole for the taxes they pay on health insurance benefits for their partners. Married couples don't pay the tax, but the federal tax code doesn't recognize gay civil unions.

"This begins a process that could lead to a state-funded tax credit to make up for the difference in tax policy," Wolfgang said outside the hearing. "Taxpayers should not have to make up the difference."

Wolfgang also opposed the bill's third section. It would automatically recognize same-sex marriages enacted in other states or countries as civil unions when the couples' come to Connecticut.

Massachusetts and countries such as Canada and the Netherlands offer gay marriage.

A suit is pending before the Connecticut Supreme Court over whether to allow gay couples to marry, and Wolfgang said the legislation was an attempt to give gay marriages some legal status.

"The real goal of this bill is to move us closer to the day same-sex marriage is imposed on the state of Connecticut," Wolfgang said.

"These people are master incrementationalists. They've made it this far bit by bit...At this point, we ought to be wise to their piecemeal incrementationalism."

He hopes state voters will answer "yes" to a ballot question this November to open a constitutional convention.

That would allow the state constitution to be amended to spell out marriage as the union of one man and one woman, something that the state Supreme Court would be required to uphold.

There is room for compromise, however.

Wolfgang said he would be "fine with it" if the bill went forward with only its second section, the one that requires state agencies to provide gay couples with all the rights allowed under civil unions.

But Wolfgang also wants the state to enforce another law-the one that defined marriage as between a man and woman. The provision was attached to the civil union bill that passed three years ago.

Welcome to the discussion.

Wallingford Park & Recreation Department's A Summer Arts Program concludes


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