What was argued before Connecticut Supreme Court this month was not whether same-sex marriage is right or wrong, good policy or bad policy, but whether the state’s constitution requires it as a matter of equal protection of the law or whether it should be decided through ordinary legislation.
The justices and the litigants strained at distinctions that would have struck anyone as absurd when the state constitution was adopted or last amended in a relevant way, in 1984, when sex and physical and mental disability were added to the equal protection clause.
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