Same-Sex Marriage in Connecticut: Requirements and Rights

Same-sex marriage in Connecticut has been legal since 2008, and the licensing process, eligibility rules, and legal protections work identically for same-sex and opposite-sex couples. The state does not require either partner to be a resident, so couples living anywhere can marry here as long as they meet the eligibility rules. At the federal level, the 2015 ruling in Obergefell v. Hodges and the 2022 Respect for Marriage Act together guarantee that a marriage valid in Connecticut is recognized by every state and the federal government.1Justia. Obergefell v. Hodges2Congress.gov. H.R.8404 – Respect for Marriage Act

Connecticut reached marriage equality through its own Supreme Court before most of the country did. In Kerrigan v. Commissioner of Public Health, decided October 28, 2008, the court held 4–3 that limiting marriage to opposite-sex couples violated the state constitution’s equal protection clause.3Connecticut General Assembly. Kerrigan v. Commissioner of Public Health Civil unions, which the state had authorized in 2005, were phased out: the statute was repealed effective October 1, 2010, and existing civil unions converted automatically to marriages on that date unless the couple had already begun dissolution proceedings.4Department of Public Health. Marriage and Civil Union Certificates You can no longer enter a civil union in Connecticut.

Who Can Marry

Section 46b-20a sets out four eligibility conditions. You must not already be married or in a substantially equivalent legal relationship with someone else. You must be at least 18; Connecticut eliminated all exceptions for minors in 2023, so prior allowances for 16- and 17-year-olds with parental or judicial consent no longer apply. You generally cannot marry while under conservatorship. And you cannot marry a close relative: Section 46b-21 bars marriages between parents and children, grandparents and grandchildren, siblings, aunts or uncles and nieces or nephews, and stepparents and stepchildren, and any such marriage is void.5Justia Law. Connecticut Code 46b-20a – Eligibility to Marry6Connecticut General Assembly. Connecticut Code Chapter 815e – Marriage

There is no residency requirement to obtain a marriage license. Couples from any state or country can marry in Connecticut.

Getting a Marriage License

You apply for your license at the vital records office, usually the Town Clerk, in the town where the ceremony will take place. A license from one town cannot be used for a ceremony in another.7Connecticut Department of Public Health. License to Get Married Many towns post a worksheet online so you can prepare the application at home.

Both applicants must appear in person. Each person needs a valid government-issued photo ID showing date of birth, signature, and expiration date; a driver’s license, state ID, or passport will do. You will each sign and swear to the accuracy of the information on the application, and if the two signatures are dated differently, the later date is treated as the application date.8Connecticut General Assembly. Connecticut Code Chapter 815e – Marriage – Section 46b-25 Connecticut does not require a blood test, and there is no waiting period between getting the license and holding the ceremony.

The license fee is $50, consisting of a $15 base fee and a $35 statutory surcharge.9Justia Law. Connecticut Code 7-73 – Fees for Marriage License, Burial or Removal, Transit and Burial Permit. Marriage License Surcharge Some towns charge a small extra fee for a certified copy of the marriage certificate. Once issued, the license is valid for 65 days. If the ceremony doesn’t happen in that window, the license expires and you have to apply again.

Who Can Perform the Ceremony

Section 46b-22 limits officiants to a defined list. Authorized officiants include all sitting and retired judges, including federal judges and judges from other states who can perform marriages in their own jurisdictions; family support magistrates, family support referees, state referees, and Connecticut-appointed justices of the peace; and any ordained or licensed member of the clergy from Connecticut or any other state.10Justia Law. Connecticut Code 46b-22 – Formerly Sec. 46-3 Marriages performed according to the forms and customs of any religious denomination are also valid, including ceremonies witnessed by a Baha’i Spiritual Assembly.

A marriage attempted by someone not on the authorized list is void, so confirm your officiant’s status before the day. One restriction trips people up: a public official who issues marriage licenses may not officiate a ceremony under a license issued by their own office.

What Happens After the Ceremony

Under Section 46b-34, the officiant must certify the fact, time, and place of the marriage on the license and return it to the registrar of the town where the ceremony took place. The deadline is the end of the first week of the following month, and an officiant who misses it faces a fine.11Connecticut General Assembly. Connecticut Code Chapter 815e – Marriage – Section 46b-34

If the officiant never returns the certificate, the couple has a backup. Both spouses can submit a notarized affidavit to the registrar confirming the marriage and stating the date and place of the ceremony. Once recorded, the affidavit validates the marriage as of the ceremony date.

Marriages Performed Elsewhere

Connecticut recognizes same-sex marriages performed in other states, and it did so even before federal law required it. The Respect for Marriage Act now obliges every state to give full faith and credit to a marriage valid where it was performed.12Office of the Law Revision Counsel. 1 U.S. Code 7 – Marriage For marriages performed abroad, federal law recognizes the marriage if it was valid where it took place and could have been entered into in at least one U.S. state. Because same-sex marriage is now legal in every state, a same-sex marriage lawfully performed in another country will generally be recognized here.

Rights That Come With Marriage

Federal Taxes

Once married, you can file federal taxes as married filing jointly or married filing separately. For tax year 2026, the standard deduction for married couples filing jointly is $32,200, compared with $16,100 for a single filer.13Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Filing status is set by your marital status on the last day of the tax year, so a couple married on December 31 files as married for the whole year.14Internal Revenue Service. Filing Status Spouses who are both U.S. citizens also benefit from an unlimited marital deduction for gift and estate taxes, allowing unlimited tax-free transfers between them. The annual gift-tax exclusion for gifts to anyone else is $19,000 per recipient for 2026.15Internal Revenue Service. Gifts and Inheritances

Family and Medical Leave

The Family and Medical Leave Act defines “spouse” to include a husband or wife as recognized in the state where the marriage took place, which covers same-sex couples. You can take up to 12 weeks of unpaid, job-protected leave to care for a spouse with a serious health condition.16U.S. Department of Labor. Fact Sheet #28L: Leave Under the Family and Medical Leave Act When You and Your Spouse Work for the Same Employer Civil unions and domestic partnerships do not qualify under the FMLA, which is one practical reason the marriage/other-status distinction still matters.

Social Security

Legally married same-sex spouses qualify for the same spousal, survivor, and death benefits as any other married couple. A surviving spouse can generally claim benefits on a deceased partner’s earnings record starting at age 60 if the marriage lasted at least nine months before the death. The Social Security Administration will also consider claims from same-sex partners whose relationships predated Obergefell and who were prevented from marrying by state bans, evaluating the duration of the relationship, shared property, and other evidence.

Federal Employee Benefits

Same-sex spouses of federal employees and retirees are eligible for coverage under the Federal Employees Health Benefits program and federal dental, vision, and life insurance programs, regardless of what state the spouse lives in. Children of same-sex marriages, including stepchildren, are treated the same as children of opposite-sex marriages for coverage purposes.17U.S. Office of Personnel Management. I Have a Same Sex Marriage

Immigration

U.S. immigration law treats same-sex and opposite-sex married couples identically. A U.S. citizen or permanent resident can sponsor a same-sex spouse for a green card by filing Form I-130 with USCIS, and K-1 fiancé visas are available on the same terms. The marriage must be legally recognized where it took place, and the couple must show the marriage is genuine rather than entered solely for immigration benefits.

Changing Your Name

Marriage doesn’t automatically change your legal name, but your marriage certificate serves as the proof you need to update most records if either spouse wants to take the other’s name or use a hyphenated form.

Start with the Social Security Administration, because many other agencies will not update their records until the SSA record matches. You will need Form SS-5, your original or certified marriage certificate (photocopies are not accepted), and proof of identity such as a driver’s license or passport. New cards typically arrive within 10 to 14 business days.

For your passport, if it was issued less than a year ago you can update the name for free using Form DS-5504, your current passport, a certified marriage certificate, and a new photo. Older passports require renewal by mail or in person, with standard fees.18U.S. Department of State. Change or Correct a Passport For your driver’s license, visit a Connecticut DMV office with your certified marriage certificate; under Real ID rules, you’ll need it as proof of the name change if your primary identity document still shows your previous name.

Divorce

A same-sex divorce follows the same process as any other divorce in Connecticut. Under Section 46b-44, at least one spouse must have been a Connecticut resident for 12 months before filing the complaint or before the court enters the decree. There is a mandatory 90-day waiting period after filing before the divorce can be finalized. Connecticut is a no-fault state, and irreconcilable differences is the most common ground. Property division, alimony, and child custody are governed by the same statutes regardless of the spouses’ genders. Couples who married in Connecticut but have since moved will generally need to meet the other state’s residency rules to file there, though under the Respect for Marriage Act no state may refuse to dissolve a same-sex marriage based on the spouses’ sex.