News
Death
Terminates Connecticut Civil Union Case
—
November 8, 2002
A
Connecticut lawsuit seeking recognition of a Vermont civil union
came to an abrupt end this week when the Connecticut Supreme Court
received notice that the plaintiff, Glen Rosengarten, had passed
away. The notice of death came just days after Rosengarten's attorney
had requested an extension of the deadline for filing his brief
before the court. In September, the Connecticut Supreme Court had
agreed to review the court of appeals decision which held that recognition
of civil unions violated Connecticut public policy and that a Connecticut
court had no authority to grant a divorce from a Vermont civil union.
Technically,
the case has been temporarily stayed pending the appointment of
an executor of Rosengarten's estate. Under Connecticut law an executor
can step in to continue a pending case, except where the cause of
action has become moot or where the action required the personal
involvement of the deceased. Similar facts, only involving a married
couple, came before a Connecticut superior court last year. In that
divorce action, where the husband died while the matter was still
pending, the court ruled, "The death of a spouse automatically
dissolves the marriage, and once the marriage is dissolved by the
death of one of the parties, the purpose for continuing an action
seeking to dissolve the marriage becomes meaningless." In this
case, Glen Rosengarten sought a dissolution of his civil union.
Because the civil union has now been terminated through death, there
is apparently no further action to be taken. If Rosengarten's partner,
who has never responded to the divorce lawsuit, seeks property from
Rosengarten's estate, that matter would be handled in a separate
probate case. Absent further action by the Connecticut Supreme Court
in this case, the court of appeals refusing to "divorce"
a Vermont civil union remains intact.
Sources:
Conn. Gen. Stat. § 52-599 (2002); Diana v. Diana, 30 Conn.
L. Rptr. 402, 2001 WL 1200334 (Conn. Super.) (Sept. 14, 2001).
