You asked whether Connecticut courts have granted recognition to marriages performed elsewhere that could not have been validly entered into in this state.

Connecticut has adopted the rule that a marriage that is valid in the state where contracted is valid everywhere unless for some reason the marriage is contrary to the strong public policy of the state required to rule on its validity (Carabetta v. Carabetta, 148 Conn. 288, 291 (1961)). Accordingly, although common law marriages are not permitted in Connecticut, trial courts have recognized the validity of such unions when they were entered into in states that do permit them (Auger v. Boddeley, 18 Conn. L. Rptr. 483 (Conn. Super. Jan. 13, 1997)(common law spouse's loss of consortium claim allowed); Begin v. Driscoll Mortuary, 3 Conn. L. Rptr. 593 (Conn. Super. 1991)(common law spouse entitled to possession of remains of deceased); Delaney v. Delaney, 35 Conn. Supp. 230 (1979) (dissolution of Rhode Island common law marriage)).

Connecticut courts have refused to recognize unions when Connecticut residents marry out-of-state to avoid a restriction in Connecticut marriage law (Carabetta, supra, (Italian marriage of uncle and niece)).

OLR Report 2003-R-0514 discusses how Connecticut courts might analyze claims seeking recognition of same-sex Canadian marriages.

SP-L: ro