Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—October 10

Gay rights activist waves a rainbow flag during a rally (Tyrone Siu/REUTERS)

2008—By a vote of 4 to 3—with the decisive vote provided by a lower-court judge who, as a result of two curious recusals, was sitting in for the chief justice—the Connecticut supreme court, in Kerrigan v. Commissioner of Public Health, invents a right to same-sex marriage under the state constitution.


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