Same-sex Marriage Bill (S.B. 899) Passes Senate
And House with Religious Liberties Protections
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The Connecticut Catholic Conference is pleased that the Connecticut General Assembly added strong religious liberty protections for religiously affiliated institutions into Senate Bill 899 before adopting it on April 22, 2009. The bill was intended to codify the Connecticut State Supreme Court ruling legalizing same-sex marriage in Connecticut.
The Catholic Church in Connecticut has long spoken out against same-sex marriage. However, since the State Supreme Court decision legalizing same-sex marriage, the most critical effort was to enact laws that protect our religious freedoms in relation to this issue. The Catholic Conference viewed the votes on amendments to protect our religious liberties as eventually even more important then a "Yes" or "No" vote on the bill itself. We are extremely grateful to all our State Senators and Representatives who offered and supported the various amendments.
The concern of the Catholic Conference was that religiously affiliated organizations would be forced, either through civil lawsuits or direct state action, to recognize same-sex marriages, even if doing so violated deeply held religious beliefs. The amendments to the bill clearly address these concerns. Thanks to the efforts of Senators Leonard Fasano and Andrew Roraback the initial amendment was strengthened so that religious organizations may continue to provide adoption and foster care services as they deem appropriate, as long as they do not receive federal or state funds for these specific programs.
Unfortunately, individuals who choose not to provide goods or services to same-sex marriage ceremonies or celebrations were still left unprotected. These individuals would have to seek legal relief under existing state freedom of religion statutes, which are widely open to the interpretation of the courts. Justices of the Peace still cannot refuse to perform a same-sex marriage based on religious beliefs.
It should be noted that proposed Senate and House amendments, offered by Senator Kevin Witkos and Representative Larry Cafero respectively, to provide parents the option to remove their children from classes that were teaching about same-sex marriage were defeated. However, the debates on these proposals created a significant legislative record stating that parents could remove their children under currently existing state law. An amendment on the bill would have made this provision clear to parents and school boards. Now such a request is open to interpretation by school administrators and the courts. Parents rights lost out with the failure of these amendments.
Senate Amendment A - protecting religious institutions, etc. - passed
Senate Amendment B - create a specific law concerning parents ability to remove their children from classes discussing same-sex marriage - defeated
Senate Amendment C - modified Senate amendment A concerning a religious non-profits ability to receive state or federal funds (Catholic Conference requested this clarification) - passed
House Vote on Senate Amendment A - protecting religious institutions, etc. - passed
House Vote on Senate Amendment C - modified Senate amendment A concerning a religious non-profits ability to receive state or federal funds (Catholic Conference requested this clarification) - passed
No roll call vote - passed by voice vote
House Amendment A - create a specific law concerning parents ability to remove their children from classes discussing same-sex marriage - defeated
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