Your Rights - LGBT Issues

LGBT Issues

Discrimination

Connecticut Anti-Discrimination Law

Does Connecticut have an anti-discrimination law protecting gay, lesbian, and bisexual individuals from discrimination?

Yes.  In 1991, Connecticut became one of a handful of states to pass a comprehensive anti-discrimination law concerning sexual orientation in employment, housing, public accommodations and credit.

Does it also protect people perceived of as gay, lesbian, and bisexual?

Yes.  The non-discrimination law defines "sexual orientation" as "having a preference for heterosexuality, homosexuality or bisexuality, having a history of such preference or being identified with such preference..."¹   The language of "having a history of such a preference," and the language of "being identified with" should allow a person who is fired because they are (inaccurately) perceived to be gay to invoke the protection of the anti-discrimination law to challenge the firing.

Does it also protect people associated with gay, lesbian, and bisexual individuals?

Not specifically.  But in some situations, if a person is fired from a job or evicted from their home because they hang out with someone who is gay or lesbian, it may be possible to show that they were fired or evicted because the employer or landlord also thought they, too, were gay or lesbian.  This would fall under the language in the law which provides protection to people "being identified with" a same-sex sexual orientation.

¹Conn. Gen. Stat. sec. 46a-81a.

Employment Discrimination

What does the employment provisions say?  To whom does the law apply?

The non-discrimination law forbids employers from refusing to hire a person, or discharging them, or discriminating against them "in compensation, or in terms, conditions or privileges of employment" because of sexual orientation.²  This covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment and different treatment of the employee and similarly situated co-workers.  For more information, see GLAD publication "Legal Protections in the Workplace for Gays, Lesbians and Bisexuals - Connecticut"

In addition, employment agencies may not participate in discrimination by refusing to properly classify or refer them for employment or otherwise discriminate because of sexual orientation.³   Labor organizations (e.g. unions) may not deny or exclude membership in the union because of sexual orientation, or otherwise discriminate against its members because of sexual orientation.⁴

The law forbids all of these entities from advertising in such a way as to restrict employment because of sexual orientation.⁵

The State of Connecticut and its agencies are forbidden from discriminating based on sexual orientation both in their own employment practices as well as in their provision of services.⁶   The law imposes an affirmative obligation on state agencies to adopt rules to enforce the non-discrimination provisions and to establish training programs.⁷   Contractors who provide services to the state (and any subcontractors they hire) must also certify in writing that they will not discriminate based on sexual orientation when fulfilling the contract terms.⁸

Does the law apply to every employer in Connecticut?

No. As broad as the law is, there are several exemptions to its application.

• An employer must employ 3 or more persons in order to be subject to the non-discrimination law.⁹ 
• An employer, agency or labor organization may defend against a discrimination claim by arguing that a "bona fide occupational qualification" of the particular job is that it has someone in it who is non-gay.¹⁰ But there are no general occupational exemptions from the reach of the non-discrimination law, and this defense is very rarely successful.¹¹
• Religious corporations, associations and educational institutions are sometimes exempt from the law.¹²    The exemption applies concerning employment of those who perform work to carry out the activities of such religious organizations, as well as to matters of discipline, faith, internal organization or rules established by the religious entity.  Although the exemption is broad, it is not a carte blanche for an employer to use his or her religious beliefs as a justification for discriminating against a gay person.¹³ 
• The ROTC (Reserve Officer Training Corps) program, which is established under federal law to provide officers to the U.S. military, may continue to discriminate in its "conduct and administration" at colleges and universities.¹⁴ 

Does Connecticut law forbid sexual harassment on the job?

Yes. Connecticut law defines sexual harassment as:

"unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C)  such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment."¹⁵

A claim of harassment can be pursued under Conn. Gen. Stat.  sec. 46a-60(a)(8)¹⁶

Can I file a complaint of sexual harassment even if I'm gay?

It is as unlawful to sexually harass a gay, lesbian or bisexual person as it is to harass a non-gay person.  Some harassment is specifically anti-gay, and may be more fairly characterized as harassment on the basis of sexual orientation.  Other harassment is sexual in nature and more appropriately categorized as "sexual harassment."  Both types of harassment can happen to the same person, and both are forbidden.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws.¹⁷ 

²Conn. Gen. Stat.  sec. 46a-81c(1). 
³Conn. Gen. Stat. sec. 46a-81c(2).
⁴Conn. Gen. Stat. sec. 46a-81c(3).
⁵Conn. Gen. Stat. sec. 46a-81c(4).
⁶See generally Conn. Gen. Stat. secs. 46a-81g to 46a-81o.
⁷Conn. Gen. Stat. sec. 46a-81h.
⁸Conn. Gen. Stat. sec. 46a-81i(d).
⁹Conn. Gen. Stat. sec. 46a-51(10).
¹⁰Conn. Gen. Stat. sec. 46a-81c.
¹¹See, e.g.  The Evening Sentinel et al. v. National Organization for Women, 168 Conn. 26, 36 (1975)("A BFOQ exists only if no member of the class excluded is physically capable of performing the tasks required by the job"); Conn. Institute for the Blind v. CHRO, 176 Conn. 88 (1978)("The standard for a BFOQ purposely imposes a heavy burden on an employer whose refusal to hire is prima facie discriminatory").
¹²Conn. Gen. Stat. 46a-81p.
¹³Compare Hartwig v. Albertus Mangus, 93 F.Supp.2d 200, 211, 217 (2000)(gay man who alleged breach of contract because of his sexual orientation could have his claims of breach of contract, defamation and intentional infliction of emotional distress heard without violating free exercise or establishment clause principles).  (Note that the statutes pertaining to discrimination based on characteristics other than sexual orientation contain no express religious exemption.  See CHRO v. Archdiocesan School Office, 202 Conn. 601 (1987)(lower court erred in dismissing case against Catholic School on basis of wholesale religious exemption; issues were not ripe for adjudication)).
¹⁴Conn. Gen. Stat.  sec. 46a-81q.
¹⁵Conn. Gen. Stat. sec. 46a-60(a)(8).
¹⁶(making it unlawful "for an employer, employment agency, or labor organization, by themselves or through agents, "to harass any employee, person seeking employment, or member on the basis of sex").
17Compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998)(man can sue for sexual harassment by other men under federal sexual harassment laws); Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997)(same-sex sexual harassment forbidden under state law).

Public Accomodations Discrimination 

What is a "place of public accommodation"?

A place of public accommodation is "any establishment which caters or offers its services or facilities or goods to the general public . . ." and you are protected by the non-discrimination laws in such places.¹⁸ This definition is intentionally broad.

What does the law say about discrimination in places of public accomodation?

Such places may not deny full and equal accommodations, or discriminate in any way because of a person's sexual orientation.¹⁹   There are a number of irrelevant exemptions in the general law on public accommodation non-discrimination.²⁰ 

A specific law also forbids discrimination at golf clubs on the basis of sexual orientation.²¹

If a person is denied membership or access to facilities because of sexual orientation, he or she can file a complaint in Superior Court to restraint further violations and recover actual damages (or at least  $250) as well as costs and attorney's fees.²²

¹⁸Conn. Gen. Stat. sec. 46a-63(1). 
¹⁹Conn. Gen. Stat. sec. 46a-81d.
²⁰See Conn. Gen. Stat. sec. 46a-64 (b).
²¹Conn. Gen. Stat. sec. 52-571d.
²²Conn. Gen. Stat. sec. 52-571d (g).

Housing Discrimination 

What is prohibited by the housing anti-discrimination law in Connecticut?

The housing laws are intended to prohibit discrimination for transactions related to residential housing, whether listing, buying, selling, renting or financing, and whether for profit or not, and whether public or private.  Other practices are forbidden, too, such as advertising in a way limited by sexual orientation, representing that a dwelling is not available when in fact it is, denying access to a multiple listing service, or altering the terms of a transaction because of sexual orientation.²³

Are any landlords exempt from the housing anti-discrimination law?

The main exemption to the law allows owners who actually live in a building with not more than four units to disregard the law if they choose.²⁴ (Note that the exemption for other characteristics is a two-family owner-occupied dwelling.²⁵ 

²³Conn. Gen. Stat. sec. 46a-81e.
²⁴Conn. Gen. Stat. sec. 46a-81e(b). 
²⁵Conn. Gen. Stat. sec. 46a-64c (9)(b)(1)).

Credit Discrimination 

What protections exist under Connecticut anti-discrimination law with regard to credit?

Any person who "regularly extends or arranges for the extension of credit" for which interest or finance charges are imposed (e.g. a bank, credit union, or other financial institution), may not discriminate because of sexual orientation (or marital status)  in any credit transaction.²⁶ 

For example, GLAD brought and settled a claim against a credit union which refused to allow an effeminate looking man from applying for a loan until he came back looking more masculine.  A federal court ruled that this stated a claim of sex discrimination.²⁷ 

²⁶Conn. Gen. Stat. sec. 46a-81f (prohibiting discrimination based on sexual orientation); sec. 46a-65 (2)(defining "creditor"); sec. 46a-66 (other bases of prohibited discrimination).
²⁷Rosa v. Park West Bank, 214 F.3d 213 (1st Cir. 2000).
 

Transgender / Gender Identity Discrimination

What protections exist for transgendered people under the discrimination laws?

While there is no explicit protection in the law for transsexual or transgendered persons in Connecticut, in a pathbreaking ruling, the CHRO ruled in November, 2000, that transgendered people may be protected under the law's existing prohibitions of sex discrimination.  The case involved a transsexual and the CHRO ruled in part,

"Unlike several federal enactments, Connecticut law does not contain any exclusion, express or implied, of transsexuals from the general prohibitions against sex discrimination. . . . [T]his CHRO declares that transsexuals . . . may pursue claims of sex discrimination [under Connecticut statutes]."²⁸

In some cases, an individual's gender identity may be regarded as "a gay issue" by some entities and therefore allow a person to bring a sexual orientation claim.  More to the point, however, in some cases a transsexual person or transgendered person may have a claim of sex discrimination if he or she is adversely treated at work or in housing.  If the adverse action is triggered by the sense that the individual does not meet the expectations of or act like a "real man" or "real woman," then this can be the basis for a sex-stereotyping claim.²⁹     For more information, see GLAD Memorandum on Transgender Discrimination Issues.

²⁸Declaratory Ruling on Behalf of John/Jane Doe, November 9, 2000.
²⁹See Price Waterhouse v. Hopkins, 490 U.S. 228, 251 (1989);  Rosa v. Park West Bank, 214 F.3d 213 (1st Cir. 2000).

Pursuing a Complaint

How do I file a complaint of discrimination?

You may file in person or in writing at the Connecticut Commission on Human Rights and Opportunities (CHRO).  The main office of the CHRO is at 21 Grand St., Hartford, CT  06106.  You should call them because they will want you to file your case in the appropriate regional office.  Their number is (800) 477-5737 and you can reach their website at www.state.ct.us/chro.

The complaint must be under oath, state the name and address of the individual making the complaint as well as the entity he or she is complaining against (called the "respondent").  The complaint must set out the particulars of the alleged unlawful acts and it is advisable also to state the times they occurred.³⁰ 

If you are a state employee, you may file your case directly in court.  State employees can skip over the CHRO process entirely.

Do I need a lawyer?

No.  The process is designed to allow people to represent themselves.  However, GLAD strongly encourages people to find lawyers to represent them throughout the process.  Not only are there many legal rules governing the CHRO process, but also employers and other defendants are likely to have legal representation.

What are the deadlines for filing a complaint of discrimination?

For most people, a complaint must be filed with the CHRO within 180 days of the last discriminatory act or acts.³¹    There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian and Latina?

Yes.  The state non-discrimination laws for employment forbid taking an action against someone because of sexual orientation as well as race, color, religion, creed, age, sex, marital status, national origin, ancestry, present or past history of mental disorder, mental retardation, learning disability or physical disability.³²  In housing, the criteria include most of the above as well as "lawful source of income or familial status."³³    Public accommodations are also broad, but do not include a few of the above characteristics.³⁴

What happens after a complaint is filed with the CHRO?

When you file a complaint with the CHRO, you will be given a packet of information explaining the CHRO procedures and deadlines.  Please review these and follow the deadlines.

After filing your complaint, and within 90 days of receiving the answer of the respondent, the CHRO will review the complaint and answer to determine if any further investigation is necessary.  This is called a merit assessment review.  Since many cases are dismissed at this stage of the proceedings, it is important that you reply to the respondent's answer within 15 days of receiving it.

After the merit assessment review, if the CHRO believes there is "reasonable cause" to believe discrimination occurred, it requires the parties to explore the possibilities of settling their differences.  If  negotiations fail to produce a settlement agreeable to all parties, the case proceeds further.  At that point, the parties may engage in limited "discovery" -- a legal process which allows the other side to examine the basis of your claim and allows you to examine their justifications and defenses.  This is conducted through written questions (interrogatories) and document requests.  Ultimately, if the case is not dismissed for technical reasons, a Hearing Officer will decide the merits of the case in a trial-type hearing.

Note that in housing discrimination cases, the CHRO must complete both its investigation and final disposition within 100 days of when the complaint is filed, unless it is impracticable to do so.³⁵   

What are the legal remedies the CHRO may award for discrimination if an individual wins his or her case there?

Employment: may include hiring, reinstatement or upgrading, backpay, restoration in a labor organization, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices).³⁶   

(Note that when cases are filed in court, emotional distress damages and attorneys' fees are also available to a successful complainant.  These are not available from the CHRO.)³⁷ 

Housing: damages (expenses actually incurred because of unlawful action related to moving, storage, obtaining alternate housing); cease and desist orders,  reasonable attorney's fees and costs, and other relief that would fulfill the purposes of the anti-discrimination laws.³⁸    The CHRO may also order civil fines to be paid to the state.³⁹ 

Public Accommodations:  cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws.  The CHRO may also order civil fines to be paid to the state.⁴⁰ 

Credit:  cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. allowing person to apply for credit on non-discriminatory terms).⁴¹

Should I take my case away from the CHRO and file in court?  How do I do so?

This is a decision you should make with your lawyer.  Greater damages are available to you in state court than at the CHRO, including emotional distress damages and attorney's fees.

To sue an entity in state court as opposed to the CHRO, you must follow several steps and meet various deadlines.⁴² 

• Your complaint must have been filed on time at the CHRO (i.e., within 180 days of the last act of discrimination);
• Your complaint must have been pending with the CHRO more than 210 days (although if you and your employer agree to request the case's removal to court, you may do so before the 210 days elapse);
• You must request a release of your complaint from the CHRO for the purpose of filing a court action (which the CHRO must grant except when the case is scheduled for public hearing or they believe the complaint can be resolved within 30 days);
• You must file your court action within 2 years of the date of filing your complaint with the CHRO; and
• You must file your court action within 90 days after you receive a release from the CHRO to file your case in court.

Are there other agencies at which I can file a complaint for discrimination?

Depending on the facts of your particular situation, you may be able to file your complaint of discrimination with other agencies.  This outline concerns only Connecticut non-discrimination law, and you may well have other rights.

1. Union:  If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions.  If you obtain relief under your contract, you may even decide not to pursue other remedies.  Get and read a copy of your contract and contact a union steward about filing a complaint.  Deadlines in contracts are strict.  Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of their duty of fair representation.
2. Federal Agencies: Sometimes an action states a claim for a violation of federal law in addition to state law.  For example,  federal law forbids discrimination based on race, sex, age, religion and disability, but not on the basis of sexual orientation.  Thus, a gay person with HIV who is fired from a job can file with the CHRO as well as the Equal Employment Opportunity Commission.  To file claims under federal law, the employer must have at least 15 employees.  (People who work for federal agencies are beyond the scope of this publication.).
3. State or Federal Court: After filing with the CHRO or EEOC, or both, as discussed above, a person may decide to remove his or her discrimination case from those agencies and file in court.  There are rules about when and how this must be done as discussed above.   In addition, a person may file a court case to address other claims which are not appropriately handled by discrimination agencies.  For example, if a person is fired in violation of a contract, or fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn't like but which the law requires, then these matters are beyond the scope of what the agencies can investigate and the matter should be pursued in court.  If a person has a claim for a violation of constitutional rights, such as a teacher who believes his or her free speech or equal protection rights were violated, then those matters must be heard in court.

What can I do if my employer fires me or my landlord evicts me for filing a complaint of discrimination?

It is illegal to retaliate in these circumstances, and the employee could file an additional complaint against the employer for retaliation.  "Retaliation" protections cover those who oppose any discriminatory employment practice, as well as those who participate in certain other proceedings.⁴³    If the employer takes action against an employee because of that conduct, then the employee should be able to state a claim of retaliation.⁴⁴ 

What can I do to prepare myself before filing a complaint of discrimination?

Call the GLAD Legal InfoLine at 800-455-4523 (GLAD) any weekday between 1:30 and 4:30 p.m. to talk about options.

As a general matter, people who are still working with or residing under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they are willing to assume those possible consequences.  Of course, even if a person has been fired, or evicted, he or she may decide it is not worth it to pursue a discrimination claim.  This is an individual choice which should be made after gathering information to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims.  It is always helpful if you bring an outline of what happened on the job that you are complaining about, organized by date and with an explanation of who the various players are (and how to get in touch with them).  Try to have on hand copies of your employee handbooks or personnel manuals, any contracts, job evaluations, memos, discharge letters and the like.  If you are concerned about a housing matter, bring a copy of your lease, along with any notices and letters you have received from your landlord.

³⁰Conn. Gen. Stat. sec. 46a-82.
³¹Conn. Gen. Stat. sec. 46a-82(e).
³²Conn. Gen. Stat. 46a-60. 
³³ Conn. Gen. Stat. sec. 46a-64c.
³⁴Conn. Gen. Stat. sec. 46a-64.
³⁵Conn. Gen. Stat. sec. 46a-81e(e).
³⁶Conn. Gen. Stat. sec. 46a-86 (a - c).
³⁷See Bridgeport Hospital v. CHRO, 232 Conn. 91 (1995); Delvecchio v. Griggs & Browne Co., Inc., 2000 Conn. Super. LEXIS 1149 (April 17, 2000)("The CHRO is without authority to award a prevailing party attorneys' fees, punitive or compensatory damages or damages for emotional distress").
³⁸Conn. Gen. Stat. sec. 46a-86 (a, c).
³⁹ Conn. Gen. Stat. sec. 46a-81e(f).
⁴⁰Conn. Gen. Stat.  sec. 46a-86 (a); sec. 46a-64 (c).
⁴¹Conn. Gen. Stat.  sec. 46a-86 (a); sec. 46a-98 (outlining additional damages available for cases filed in Superior Court within one year of discriminatory act).
⁴²Conn. Gen. Stat. sec. 46a-101 to 46a-102.
⁴³Conn. Gen. Stat. sec. 46a-60.
⁴⁴Compare Provencher v. CVS Pharmacy, 76 F.E.P. Cases (BNA) 1569 (1st Cir. 1998)(upholding federal retaliation claim of gay man).

Family Law

Marriage & Civil Unions

Can same-sex couples marry in Connecticut?

In April 2005 the Connecticut General Assembly passed “An Act Concerning Civil Unions” (Public Act 05-10—more about this law below). Although GLAD sees this as a constructive first step toward full equality for same-sex couples in Connecticut, GLAD is still committed to achieving marriage equality in Connecticut through its lawsuit described above.

Can Connecticut same-sex couples get married anywhere?

If there is a reason to marry immediately, Canada does not have a residency requirement and is allowing same-sex couples to marry there right now. See our publication, What Do I Need to Know About Getting Married in Canada?

If we got married in Massachusetts or another country, will Connecticut respect our marriage?

The Attorney General of Connecticut has issued an opinion suggesting that in light of the definition of marriage as being between one man and one woman in Connecticut law, Connecticut will not recognize legal marriages performed in Massachusetts or foreign countries. GLAD believes that the Attorney General’s opinion is wrong and ignores long-established principles of Connecticut law that a marriage that is valid where celebrated is valid in Connecticut. Ultimately, this will be decided by the courts.

In the meantime, it is likely that the government entities throughout Connecticut will follow the Attorney General’s opinion. Private entities, including employers, are not bound by it, however, and may freely accord out-of-state marriages the respect they are due.

Can same-sex couples obtain any legal recognition of their relationships in Connecticut?

Yes. Connecticut has joined Vermont as the second state to allow same-sex couples to enter into a civil union, which is a legal status parallel to civil marriage at the state law level. Without any compulsion from a court, the state legislature passed a law, “An Act Concerning Civil Unions,” that was signed by the Governor on April 20, 2005 and became effective October 1, 2005. Civil Unions provide all the benefits, protections and responsibilities that are granted to a spouse under state law.⁴⁵ GLAD has prepared a publication Connecticut Civil Unions that has detailed information about the following questions (this publication is available in print and on our website at www.glad.org):

• What is a civil union?
• When will Connecticut civil unions be available?
• What is the difference between marriage and civil unions?
• Who can get a Connecticut civil union?
• Do we need a Connecticut civil union if our relationship is already recognized elsewhere?
• How do we get a Connecticut civil union?
• What are some things we should consider before entering into a Connecticut civil union?
• What protections do we gain from a Connecticut civil union?
• Are there any limitations to a Connecticut civil union?
• What does the amendment in the Civil Union Law defining marriage as between a man and woman mean?
• How will a Connecticut civil union affect my children?
• Will I be able to get health insurance through my employer for my Connecticut civil union spouse?
• Can a Connecticut civil union couple file a joint tax return?
• If we get a Connecticut civil union will we later be able to get married?
• How do I get out of a Connecticut civil union?

⁴⁵California provides a registered domestic partnership system which is nearly as comprehensive and New Jersey and Maine provide more limited protections.

Legal Protections for Same-Sex Couples

Without getting a civil union, what steps can a couple take to legally safeguard their relationship in Connecticut?

There are far more modest steps available to people who seek certain limited legal protections and do not desire a civil union.

1. Relationship Agreement or Contract:  In 1987, the Connecticut Supreme  Court ruled that an agreement between an unmarried heterosexual couple to share their earnings and the fruits of their labor was an express contract which could be enforced according to the ordinary rules of contract when the couple separated.⁴⁶    There is every reason to believe that the same result will apply to the contract of a same-sex couple.  While the court held that contracts could be oral or in writing, this ruling provides great incentive for couples to sort out their affairs in writing before a separation.

2. Document Designating a Non-Legally Related Adult to Have Certain Rights and Responsibilities:Connecticut recently adopted a new set of laws, in effect as of October 1, 2002,⁴⁷ that allows an adult, known as the designator, to name another adult, known as the designee, to make certain decisions on her or his behalf, or giving the designee certain rights or responsibilities   The protections this law provides fall far short of those associated with marriage, but they may provide some peace of mind for couples under a narrow set of circumstances.

   To make this designation, the designator must sign, date and acknowledge a document before a notary public and two witnesses.  The designator can revoke the document at any time by destroying the document or by executing a new document.⁴⁸   The designation document must be honored in the following circumstances:

   • In the Workplace: An employer must notify an employee of an emergenct phone call concerning the employee's designee.⁴⁹

   • In Court and Administrative Proceedings Involving Crime Victims: The designee of a homicide victim is granted employment protection for missing work in order to attend court proceedings.⁵⁰  The designee is also entitled to request and receive advanced notice of the terms of plea agreements with the perpetrator, to make a statement in court prior to the sentencing of the perpetrator, and to make a statement at parole hearings of the perpetrator.⁵¹  The designee, if wholly or partly dependent on the deceased person's income, may seek compensation from the Office of Victim ervices.⁵²

   • In Health Care Settings: With regard to end-of-life decisions, a doctor must attempt to determine the patient's wishes.  If the patient's wishes are not written in a living will, the designee is among those with whom the doctor must consult regarding the removal of life support.⁵³ The doctor must record any such communications with a designee in the patient's medical record.⁵⁴  Before removing life support, the doctor must make reasonable efforts to notify the patient's designee.⁵⁵ In addition, the designee has priority in making anatomical gifts on behalf of a deceased designator over all representatives or family members with the exception of a surviving spouse.⁵⁶
     
   • In Psychiatric Hospitals: The designee is among the list of people who may consent to medical or surgical procedures for involuntarily committed psychiatric patients who are unable to consent themselves.⁵⁷
     
   • In Nursing Homes: The act entitles the designee to
     1. receive advance notice of involuntary, non-emergency room transfer, including Medicaid patients' transfer into non-private rooms;
     2. participate in any consultations prior to any contested transfer;
     3. private visits with the patient; and
     4. meet in the facility with family members of other patients.⁵⁸

   Other documents, discussed below, allow same-sex partners fo share financial, medical, nd end-of-life decisions.  The rights and responsibilities to which the designee is entitled under Public Act 02-105 overlap with some of those set forth in the documents discussed below.  It is unclear how the law will handle these potential conflicts, and therefore anypreference for who should carry out specific obligations should be clearly noted in all relevant documents.

3. Power of Attorney: Any competent person may appoint another person as his or her "attorney-in-fact" for financial matters and health care or personal matters in the event the one becomes incapacitated or disabled.⁵⁹ 

   The law provides a "short form" which allows a person to check off the kinds of transactions he or she would want the "attorney-in-fact" to perform in his or her place.  These include (A) real estate matters; (B) chattel and goods transactions; (C)  bond, share and commodity transactions;  (D) banking transactions; (E)  business operating transactions; (F)  insurance transactions; (G) estate transactions; (H)  claims and litigation; (I)  personal relationships and affairs; (J) benefits from military service; (K) records, reports and statements;  (L)  health care decisions; and (M)  all other matters designated by the individual.⁶⁰ 

   Note that the "attorney-in-fact" may make health care decisions and thus serve as a voice for securing medical treatments already determned by the declarant.  However, the power of the "attorney-in-fact" does not extend to decisions concerning engagement or withdrawal of life support.  That responsibility lies with a "health care agent" (see below) or a designee under Public Act 02-105, unless set forth in a living will.

   It is not clear if the attorney-in-fact" receives priority for visiting a person in the hospital, so it is important to state that you want such preference given in the power of attorney or another document.

   The power of attorney can become effective immediately, or upon your disability (called a "springing" power of attorney, because it springs into being upon disability), and it can have a short termination date, long termination date, or no termination date.  It should be witnessed by two disinterested individuals and notarized.  The notary may also serve as a witness.  The power of attorney must stay in possession of the attorney-in-fact.

4. Health Care Agent: A person age 18 or over may appoint another person to act as his or her health care agent and thereby state his or her wishes regarding termination of life support, preferences for types of medical care, or limits on the agent's authority for end-of-life issues.⁶¹ Absent appointment of a health care agent, doctors may determine the patient's wishes by looking at collateral statements the person has made and by consulting with others to whom the patient had communicated his or her wishes.⁶²     It is the "health care agent's" responsibility to ensure those wishes are fulfilled.  The designation can be revoked at any time by creating a new document or by a clear expression of revocation.  A copy of the appointment of a health care agent must be given to a person's treating physician.

5. Appointment of Conservator:  Before an individual adult becomes disabled or incompetent, he or she may also designate in writing one or more persons to act as a conservator of his person or estate or both for when the adult is found incapable of managing his or her own affairs.³⁶   These documents must be treated with the same formality as wills.   See generally Conn. Gen. Stat. sec. 45a-645 (b).  The appointment of a conservator takes precedence over an attorney-in-fact or health care agent or designee under the new act.⁶⁴   A person may also nominate a conservator in accord with the form provided by statute.⁶⁵ Note that all nominations are subject to the scrutiny of the probate court at the time a person is deemed incapable or incompetent.

6. Will: Without a will, a deceased unmarried person's property passes to:  (1) his or her children;  (2) his or her family;  (3) if next-of-kin cannot be located, to the state.  If the person wishes to provide for others, such as his or her partner, a will is essential.  Even if a person has few possessions, he or she can name in the will who will administer his or her estate.⁶⁶ 

   In addition, if a person has children, he or she can nominate the future guardian and "trustee for asset management" of the child in the will.  That nomination will be evaluated by the Probate Court.

7. Transfer of Car Ownership to Surviving Partner: Under Public Act 02-105, a car owner may designate, on the car's registration, a beneficiary to assume ownership of the car upon death of the owner.⁶⁷

8. Funeral Planning Documents: Upon death, a person's body is given to spouse or their next-of-kin.⁶⁸    This can mean that a person's own partner has no right to remove the body, write an obituary, or make plans for a final resting place.  To avoid that problem, you can create a document (witnessed and notarized) which designates the person you want to be able to have custody and control of your remains.⁶⁹   (Some people include these instructions as part of a will, but since a will may not be found for days after death, it is preferable to give the instructions to the person you want to take care of matters as well as to family).

9. Summary:  Some attorneys, particularly if a person is naming the same individual as responsible for his or her welfare,  have wrapped together all of the above protections (except the relationship contract, will, and the designation under Public Act 02-105) into a document entitled:  "Health Care Instructions, Appointment of Health Care Agent, Appointment of Attorney in Fact for Health Care Decisions, Designation of Conservator for Future Incapacity and Document of Anatomical Gift."  It seems unlikely that the designation under Public Act 02-105 may also be incorporated into such a comprehensive document.

Does a person need an attorney to get these documents?

GLAD recommends working with an attorney on these documents.   Although forms are available, the form may not be suited to your individual needs and wishes.  Moreover, attorneys may be able to help effectuate your goals, for example, by drafting a will in a way which is more likely to deter a will contest by unhappy family members, or an appointment of a health care agent with very specific instructions.  In addition, an attorney may help to navigate the legal uncertainties flowing from the areas of overlap between these documents.

If a couple separates, what is the legal status of these documents?

Upon separation, the terms of a Relationship or Partnership Agreement/Contract will come into play if the couple has one. If a couple has a civil union, divorce laws apply, and any such agreements will be treated the same as agreements between married couples.   Absent a civil union or an agreement, couples can get involved in costly and protracted litigation about property and financial matters, but without the divorce system to help them sort through it.

If a person has changed his or her mind about who should be his or her attorney-in-fact, or health care agent, or beneficiary or executor under a will, or funeral planner, or conservator, or desingee under Public Act 02-105, those documents should be revoked, with notice to all persons who were given copies of those documents, and new documents should be prepared which reflect the person's present wishes.

⁴⁶Boland v. Catalano, 202 Conn. 333, 340-41, 521 A.2d 142, 146 (1987). 
⁴⁷(Public Act 02-105).
⁴⁸Public Act 02-105, § 3(b).
⁴⁹Conn. Gen. Stat. §. 31-51jj.
⁵⁰Conn Gen Stat. § 54-85d.
⁵¹Conn. Gen. Stat. §§ 1-1k, 54-91c, 54-126a.
⁵²Conn. Cen. Stat. § 54-201.
⁵³Conn. Gen. Stat. § 19a-571(a).
⁵⁴Conn. Gen. Stat. § 19a-578(b).
⁵⁵Conn. Gen. Stat. sect; 19a-580.
⁵⁶Conn. Gen. Stat. § 19a-278c(a).
⁵⁷Conn. Gen. Stat. § 17a-543(b).
⁵⁸Conn. Gen. Stat. § 19a-550.
⁵⁹Conn. Gen. Stat. sec. 1-42.
⁶⁰See Conn. Gen. Stat. sec. 1-43(a).
⁶¹Conn. Gen. Stat. secs. 19-575a, 578 – 579a. 
⁶²Conn. Gen. Stat. sec. 19a-571.
⁶³Conn. Gen. Stat. sec. 45a-645.
⁶⁴Conn. Gen. Stat. sec. 45a-650 (g). 
⁶⁵Conn. Gen. Stat. sec. 19a-575. 
⁶⁶See generally Conn. Gen. Stat. secs. 45a-433 –  45a-439.
⁶⁷Conn. Gen. stat. § 14-16.
⁶⁸Conn. Gen. Stat. sec. 45a-318.
⁶⁹Conn. Gen. Stat. sec. 45a-318.

Domestic Partnership

What is domestic partnership?

Although it is a term used in many contexts, it most often means a status which recognizes an unmarried couple and their children as a family for certain limited purposes.  In the workplace context, domestic partnership plans allow an employee to obtain certain fringe benefits for his or her partner which were previously limited to married spouses.  Some states, cities and towns have also enacted domestic partner laws.  In other contexts, "domestic partner" is also a shorthand term for family, replacing "lover," "friend," and "roommate."  Some people call cohabitation agreements "domestic partner agreements."  See GLAD publications on Domestic Partnership Benefits for further information.

Does Connecticut provide same-sex domestic partner benefits to state employees?

Yes, as a result of an arbitration case decided recently, state employees (including retirees) with same-sex domestic partners and their dependent children are now eligible for health care and pension benefits under the State Health Benefit Plan and the State Employees Retirement System.⁷⁰ 

The process for obtaining coverage is simple.  Contact the Comptroller's office at (860) 702-3301.  You will need to fill out a domestic partnership affidavit and health insurance change forms.

Can cities and towns in Connecticut provide domestic partner health insurance benefits to their own employees?

Hartford has a domestic partnership ordinance providing a means for couples to register as domestic partners.⁷¹ 

What kinds of domestic partner benefits may private employers provide?

Private employers may provide to domestic partners any benefits they wish -- whether health insurance, family medical or bereavement leave, equal pension benefits, relocation expenses, access to company facilities or any other benefit.

Even when employers provide these benefits, though, sometimes federal laws require different tax or other treatment of the benefits for domestic partners as compared to spouses.  For example, an employee must pay income tax on the value of his or her partner's health insurance benefits, but a spouse does not.⁷²    For pensions, a domestic partner has no right to sign off if his or her partner decides to name someone else as the beneficiary of a pension although a spouse would have that right.

Can I use the state non-discrimination law to force my employer to provide domestic partnership benefits?

That is an open question.  On the one hand, the non-discrimination law says that an employer can't discriminate on the basis of sexual orientation in terms of compensation, and employee benefits are a form of compensation.  But on the other hand,  lawsuits in other states have largely failed with these types of claims on the grounds that all unmarried people -- gay and non-gay alike -- are barred from benefits, so there is no sexual orientation discrimination.  What is clear is that a private employer may provide domestic partner benefits; the only question is whether the employer could be forced to do so through the non-discrimination law.

⁷⁰See  Connecticut v. SEBAC, slip. op., Interest Arbitration, Jan. 31,  2000.
⁷¹Hartford, CT Municipal Code, Chap. 2, Art. III, sec. 2-63 (2000).
⁷²See Internal Revenue Code, Private Letter Ruling 9603011 (Jan. 19, 1996).

Adoption

Can a single gay individual adopt a child in Connecticut?

Yes.

Can same-sex partners together adopt a child in Connecticut?

Only if they have a civil union. A couple with a civil union will be treated under state adoption law as a married couple and must adopt a child as a couple. A couple who does not have a Connecticut civil union can both become legal parents of a child through a process whereby one adopts, and then the second parent adopts. A law which became effective October 1, 2000 creates a process for "second parent adoption" whereby an existing parent (biological or adoptive) may agree to the adoption of the child by another person "who shares parental responsibility for the child."⁷³

What is the advantage of doing a second parent adoption?

A joint adoption means that the child now has two legal parents for all purposes.  The law will finally reflect the actual family situation, which often gives great comfort and security to everyone involved.

Without an adoption, the non-legal parent needs special permission to seek medical care for the child, or to attend school meetings.  With an adoption, the person is a parent entitled to make decisions for the child in day-to-day and emergency matters.

With an adoption, if one parent dies, the other parent will automatically assume custody of the child without a fight from others.  In addition, the child would have the automatic right to inherit from the deceased parent, even if there is no will, and possibly to collect social security survivor benefits.  Finally, if the couple separates, then the adoption means that both parents have the right to custody and visitation, and any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

If same-sex parents raise a child together, but only one is the "legal" parent (because of birth or adoption), then what rights does the other parent have vis-à-vis the child?

As a general matter, the rights of the other parent (non-birth parent or non-adoptive parent) are limited in these circumstances. Whether the couple obtained a civil union may alter the situation. If there is no civil union, the law permits persons to petition the Superior Court for visitation but not custody.⁷⁴ The threshold requirement for a visitation petition is a disruption in a child’s family life.⁷⁵ As to what “family life” means under the law, see Michaud v. Wawruck⁷⁶.

Several courts have allowed lesbian co-parents the right to visit with their children following a separation.⁷⁷ Persons awarded visitation have no obligation to support the child, but a legal parent may accept support which is paid.

Regardless of the status of a person’s legal rights, it is critical to remember that children form strong attachments to their parental caregivers regardless of legal labels. Separating a child from a person who has acted as their parent can be a devastating loss for a child. Moreover, court proceedings to establish visitation will be painful and costly, so anything people can do outside of court to make decisions together about a child’s interests is strongly encouraged. See GLAD's publication: "Protecting Families:  Standards for Child Custody in Same-Sex Relationships."

Short of joint adoption or second parent adoption, how can a family protect the interests of the child vis-à-vis his or her second parent?

There are a number of steps which can be taken, although none offer the security of a second parent adoption.  Among these are:

Co-parenting Agreement: An agreement setting out the parents' expectations about each other's roles, and their plans in the event of separation, disability or death.  While these agreements may not be given effect, they are important indicators of what the couple believed was in the best interests of the child, and thus may be influential (although not binding) on a court.

Wills: The legal parent may nominate a guardian of the child upon the parent's death.  These wishes are given strong preferences by courts.  Of course, if the child has another legal parent living, then that person would likely have priority over the nominated guardian.

Power of Attorney: This document is signed by the parent and authorizes another person (the "attorney-in-fact") to make medical or financial decisions for the child.  (See discussion above).

⁷³Public Act 00-228, amending C.G.S.A. § 45a-724.
⁷⁴Conn. Gen. Stat. § 46b-59
⁷⁵ Castagno v. Wholean, 239 Conn. 336 (1996)
⁷⁶209 Conn. 404 (1988)(“traditional models of the nuclear family have come. . . to be replaced by various configurations. . . and we should not assume that the welfare of children is best served by a narrow definition of those who we permit to continue to manifest their deep concern for the child’s growth and development”)
⁷⁷See e.g. Antonucci v. Cameron, 25 Conn. L. Rptr. 509 (Conn. Super. Ct. Dept., Sept. 24, 1999)(allowing visitation to lesbian co-parent where visitation is in the best interests of the child); Laspina-Williams v. Laspina-Williams, 46 Conn. Supp. 165, 742 A.2d 840 (1999)(denying motion to dismiss of biological mother in co-parent visitation case)

Custody and Visitation

If I have a child from a former heterosexual relationship, and I am now involved with a same-sex partner, can my "ex" use this against me to deny me custody or visitation of my kids?

This question has never been answered squarely by the Connecticut Supreme Court.  As a practical matter, a parent's sexual orientation by itself should not be grounds for denying custody or visitation.  A 1988 case decided by a lower court involved a lesbian mother who lost custody of her children to their father, and who was ordered not to have her partner present when the children visited.  But the mother did not appeal those rulings and the only matter to reach the Supreme Court was the issue of the financial obligations imposed on her.⁷⁸ 

It is extremely important that you be honest with your lawyer about your personal circumstances.  The information is likely to come to light in any event since a family services officer will be appointed and speak to you, your spouse, your child, and possibly neighbors and people at your child's school.  If you don't trust your lawyer with this information, get a new lawyer.

What are the factors for making custody determinations generally?

Upon divorce, the parties may make an agreement about custody and visitation.  If they can't reach an agreement, a Superior Court judge will make custody and visitation orders based on the "best interests of the child" standard.⁷⁹  As a general matter, the best interests of the child "include the child's interests in sustained growth, development, well-being, and continuity and stability of its environment."⁸⁰ 

In all contested cases, the judge will appoint a family relations officer to investigate in order to help the judge arrive at a decision.  The investigation can touch on matters of "parentage and surroundings of any child, his age, habits and history, inquiry into the home conditions, habits and characters of his parents or guardians and evaluation of his mental or physical condition."⁸¹ 

Are there different kinds of custody?

Yes.  "Joint custody" means an order of legal custody of the child to both parents, which allows them joint decision-making for the child and providing that the child shall have continuing contact with both parents.⁸²   Sole custody means that only one of the parents has those rights.

How is "sexual orientation" used in custody proceedings?

In a divorce or paternity proceeding, a parent may argue that the other parent's sexual orientation is causing detriment to the child.  Any number of reasons can be cited, such as that the gay or lesbian parent's sexual orientation is causing other people to tease or ostracize the child, or that the parent is a bad role model.   Or, a parent may argue that the ex's new partner is not good for the child.  In the overwhelming majority of circumstances, these matters can be answered to the satisfaction of a judge in a way, which does not penalize the gay parent or the child.  Call GLAD for further resources.

Does it matter if my "ex" knew I was gay or lesbian or might be before we separated?

Whether or not you come out during the divorce process is a personal decision, but there is little to no benefit in keeping it a secret.   If a spouse did not know of your sexual orientation at the time of the court proceedings but learns it later, he or she may argue that this is a change of circumstances which affects the child's best interests and that the custody issues should be litigated anew.   People can seek to modify court orders for custody when there has been a change in circumstances which alters the child's best interests. Of course, if your spouse or former heterosexual partner knew of your sexual orientation at the time of the court proceedings establishing custody, a modification petition claiming a "change" would be pointless.⁸³ 

Can a court keep my kids from visiting when my partner is present?

Courts have the power to do this, but should not do so unless it is clearly in the best interests of the child.  Connecticut courts have rejected the notion that any particular lifestyle of itself will harm a child and insist instead on proof.

⁷⁸Charpentier v. Charpentier, 206 Conn. 150, 536 A.2d 948 (1988).
⁷⁹Conn. Gen. Sta. 46b-56(b)(1). 
⁸⁰Cappetta v. Cappetta, 196 Conn. 10, 16, 490 A.2d 996 (1985).
⁸¹ Conn. Gen. Stat. sec. 46b-6.
⁸²Conn. Gen. Stat. sec. 46b-56a.
⁸³See generally, Conn. Gen. Stat. sec. 46b-56.

Domestic Violence

What is domestic violence?

Under the law, "family violence" means that "an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault..."⁸⁴  Verbal threats by themselves do not trigger the law's protections unless there is "a present danger and the likelihood that physical violence will occur."

Do the domestic violence laws apply to people in same-sex relationships?

Not explicitly, but some same-sex relationships are covered.   "Family violence" between family or household members includes, among other things, relationships in which people are or were residing in the same household, people who have a child in common, and people who are in or have recently been in a dating relationship.⁸⁵ 

How do I get a court order protecting me from an abusive partner?

You can get a court order from the Family Court which will prohibit the abuser from coming near you, or your home, or harassing you any further.  It will only be issued if the court finds you have been subjected to "a continuous threat of present physical pain and injury."⁸⁶  Orders may be granted on an emergency basis.

The process is intended to be simple.  You may go to court nearest where you live, or if you have just fled your home, in the town where you used to live.  You will need to fill out an application alleging "abuse" as defined above with an affidavit providing the details.  The affidavit is signed under oath, so everything you say must be true.  Try to put in as much detail as possible demonstrating why you feel threatened.

The defendant/abuser must be served with (given a copy of) the court order and notified of his or her right to contest the order in court.  At that time, both parties often have attorneys.  You should bring with you any witnesses who can substantiate the abuse, as well as copies of threatening letters, medical records, or any other documents which can show how you have been harmed and why you are afraid.  Expect to be asked questions by the judge and the attorney for the abuser/defendant.  You have the same right to ask questions.

Once the order is issued, it is effective state-wide.  Violation of a court order of which an abuser has notice is a criminal offense.⁸⁷     After hearing, the court may grant orders of protection up to 6 months in duration, and those orders may later be extended for up to another 6 months at a time.⁸⁸ 

If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed.  If you don't show up, it is possible the court will think of you as unreliable if you need legal help in the future.

There is another type of order available as well called a "protective" order.  It is issued automatically when an assailant is arrested and requires no contact occur between the assailant and victim.

There are other laws which prohibit stalking, harassing and trespassing which may apply to you, but are beyond the scope of this document.

Where can I go to get help?

In addition to the local police, district attorney, and Superior Court you can call:
 

Connecticut Coalition Against Domestic Violence 100 Pitkin St.  E. Hartford, CT  06108  (860) 282-7899

Connecticut Sexual Assault Crisis Services 110 Connecticut Blvd.  E. Hartford, CT  06108  (860) 282-9881

Does domestic violence play a role in custody decisions?

It may, but there is no law saying that it should.  It is a factor which affects the best interests of the child analysis.

⁸⁴Conn. Gen. Stat. sec. 46a-38a(1).
⁸⁵Conn. Gen. Stat. sec. 46a-38a(2).
⁸⁶Conn. Gen. Stat. sec. 46b-15. 
⁸⁷See generally, Conn. Gen. Stat. sec. 46b-15 (c).
⁸⁸Conn. Gen. Stat. sec. 46b-15(d).

Hate Crimes, Sex Laws & Police

Hate Crimes & Violence

Does Connecticut have a hate crimes law?

Yes, Connecticut has two different types of hate crimes laws. In order to track hate crimes, the State maintains a reporting system so that incidents alleged are centrally recorded.⁸⁹   The State has also set out a sliding scale of penalties for hate crimes based on actual or perceived race, religion, ethnicity and sexual orientation depending on their severity.  See "An Act Concerning Intimidation Based on Bigotry or Bias"⁹⁰

How does the law define what is a hate crime?

Before the law of "intimidation based on bigotry or bias" can be applied to any crime, it must be shown that the attacker acted (1) maliciously and (2) with specific intent (i.e., the attacker specifically chose to attack the person because of their personal characteristics of sexual orientation, etc.).

If those prerequisites are shown, the crime takes several forms.

1. Intimidation based on bigotry or bias is a Class C Felony when, in addition to the prerequisites above, the attacker "causes serious physical injury" to a person.

2. Intimidation based on bigotry or bias is a Class D Felony (less serious than  Class C felony) when, in addition to the prerequisites above, the attacker (a)  causes physical contact with another person, or (b) damages, destroys or defaces a person's real or personal property, or (c)  threatens to do either (a) or (b) as long as there is also reasonable cause to believe those threatened acts will occur.

3. Intimidation based on bigotry or bias is a Class A misdemeanor (less serious than Class D felony) when, with specific intent (there is no maliciousness requirement here), the attacker intimidates or harasses a person or group of persons by (a) damaging, destroying or defacing any real or personal property, or (b) threatens to do so as long as there is also reasonable cause to believe those threatened acts will occur.

Another provision of law allows enhanced penalties against people who are "persistent offenders" of crimes involving bigotry and bias.⁹¹ 

There are also specific laws concerning desecration of religious sites and cross burning which are beyond the scope of this document.⁹² 

How do I know if an attack was a hate crime?

Trust your gut and report to the police all the details of any possible hate crime.  If you leave out the details about bias, the police will have no way of knowing that the crime may be a hate crime.  Law enforcement officials tend to use the following as guideposts for determining whether or not a crime is a hate crime.

• Did the attacker use anti-gay language or epithets?
• Was the victim in an area associated with gay people (e.g. outside a gay bar or a cruising area)?
• Have there been similar crimes in the area?
• Did the attack occur regardless of economic motive (i.e., person attacked but not robbed)?

Where can I call if I think I've been a victim of a hate crime?

Note that in a typical hate crimes case, the hate crimes violation may be charged along with another criminal statute (such as assault and battery, or assault and battery with a dangerous weapon, or assault with intent to murder and maim), which may be easier to prove.

What other options do I have if I think I have been the victim of a hate crime?

In addition to pursuing your rights in the criminal justice system, or instead of going that route, you can pursue a civil action against your attacker if you have been injured or if your property has been damaged.⁹³  That action must be filed within ONE YEAR of the date of the acts your complaining of.  If you prevail in court, you can collect damages, and the judge may also decide to aware triple damages, equitable relief (such as an injunction ordering the attacker to stay away from you) and attorney's fees.

⁸⁹See Conn. Gen. Stat. sec. 29-7m. 
⁹⁰(Public Act 00-72).
⁹¹Conn. Gen. Stat. sec. 53a-40a.
⁹²See e.g. Conn. Gen. Stat. sec. 46a-58.
⁹³Conn. Gen. Stat. sec. 52-571c. 

Criminal Sex Laws

Does Connecticut have a sodomy law?

No, Connecticut repealed its former sodomy law and ever since 1969, acts between consenting adults in private have been legal.

If it's not illegal for gay people to have sex, why are gay people still getting arrested?

Gay people are subject to the full range of laws as are non-gay people, so sex in public, or with underage persons, or without consent, or with force, are all illegal.  Commercial sex, i.e., prostitution, is also illegal.

Most commonly, though, gay people are sometimes arrested for violating the "public indecency" law.⁹⁴   The law targets activity which occurs in a public place, whether it is (a) sexual intercourse, or (b) a "lewd exposure of the body with intent to arouse or satisfy the sexual desire of the person," or (c) a lewd fondling or caress of the body of another person.

The million dollar question is:  what is public and what is private?  The law says a "public place" is "any place where the conduct may reasonably be expected to be viewed by others."  Id.  Most people arrested for sexual activity are arrested for activity occurring out of doors.  But sex is not illegal simply because it takes place outdoors, in parked cars, or on public lands.  It all depends on the circumstances.⁹⁵ 

The State has a legitimate law enforcement interest in protecting the general public from open displays of sex -- whether the sex is between people of the same-sex or of a different-sex.    But socializing and expressions of same-sex affection that does not involve the touching of genitals or buttocks or exposure of those is not illegal, regardless of where it occurs.  No one should be arrested or hassled for hand-holding, or cruising, or talking, or flirting, or other non-sexual touching.

As a practical matter, regardless of one's rights, having sex outdoors is a risky business.  For one, based on numerous reports to us, we believe that some police will overlook sexual activity of non-gay people occurring outdoors, but arrest gay people in the same types of venues.  Another concern is that some police "hunt" for gay people having sex outdoors in park lands and rest areas -- sometimes in uniform and sometimes as undercover decoys.  Either way, a person can be charged with a violation of the sex laws.

Does Connecticut have a "sex offender registry" or "Megan's"  law?

 Yes, every state now has such a law, although the terms differ from state to state.

What types of crimes are deemed to be "sex offenses"?

As you would expect with a law designed to ensnare dangerous predators, most of the crimes involve violence or children.  If a person is convicted of violating the public indecency law with someone who was under the age of 18 at the time, then that is a registrable "offense against a victim who is a minor" under Connecticut law.⁹⁶ 

Specifically, persons who have been convicted or found not guilty by reason of mental disease or defect of a sex offense listed in Connecticut General Statutes 54-250 through 54-261 are required to register.

What if I was not actually convicted?  Or what if my conviction is very old?

The law only applies to people who were convicted of a sex offense either by a plea of guilty, a jury finding of guilt, or a plea of nolo contendere.⁹⁷    Any disposition other than a conviction is not a "conviction" for purposes of this law.

The law reaches back in time so that any person convicted of a sex offense who has been released to the community on or after October 1, 1988 is subject to the law.⁹⁸ 

How can I found out of what charges I have been convicted?

You can contact:

Department of Public Safety
Attn: Bureau of Identification
State Police
1111 Country Club Road
Middletown, CT 06457
(860-685-8480)

What obligations are imposed on "sex offenders"?

Generally, sex offenders must register annually with the Department of Public Safety and provide their name, identifying factors, criminal history record, residence address, and treatment history for mental abnormality or personality disorder (if any).  Depending on the type of offense, registration is required for a period of at least 10 years and may continue for life.⁹⁹  

There are limited exemptions from the obligation to register.¹⁰⁰  

A person convicted of violating the public indecency law must register for 10 years, except the person must register for life if he or she has two or more convictions any such offense.¹⁰¹ 

What information is publicly available about sex offenders?

In most instances, registration information is available to the public at the offices of the Department of Public Safety, 1111 Country Club Road, Middletown, CT 06457 (ph: 860-685-8060, email: sex.offender.registry@po.state.ct.us, Internet: http://www.ct.gov/dps/cwp/view.asp?a=2157&Q=294474&dpsNav=%7C).¹⁰²

The information made public includes the person’s name, aliases, date of birth, State Police Bureau of Identification number, registration address, race, color of eyes and hair, sex, height, weight, identifying scars or marks or tattoos, date of registration, date last verified, and date and description of the crime.

In denying a challenge to the posting of information about non-dangerous sex offenders, the United States Supreme Court held in Connecticut Department of Public Safety v. Doe, 538 U.S. 1 (2003), that non-dangerous sex offenders do not have a right to a hearing as to their dangerousness before their information is posted, and that further, because the relevant laws have nothing to do with whether the offender is dangerous, such a hearing even after the posting would be irrelevant.

According to the Department of Public Safety Connecticut Sex Offender Registry website:

"The registry is based on the legislature’s decision to facilitate access to publicly available information about persons convicted of sexual offenses.  The Department of Public Safety has not considered or assessed the specific risk of re-offense with regard to any individual prior to his or her inclusion within this registry, and has made no determination that any individual included in the Registry is currently dangerous.  Individuals included within the registry are included solely by virtue of their conviction record and state law.  The main purpose of providing this data on the Internet is to make the information more easily available and accessible, not to warn about any specific individual."

What is the age of consent for sexual activity?

Generally, the age of consent for sexual activity is 16.¹⁰³   But note that in some circumstances sexual acts with a person under age 18 is a criminal offense (e.g. contact where the actor is the person's guardian or is otherwise responsible for the person's welfare).

⁹⁴Conn. Gen. Stat. sec. 53a-186.
⁹⁵See, e.g. Connecticut v. Vega, 38 Conn. 313, 315 (1982)(exposure in front of apartment window seven feet above ground is public); Connecticut v. Cutro, 37 Conn. 534, 543 (1995)(masturbating in mall parking lot between 9:15 and 9:30 p.m. is public where defendant could be seen by person three cars away).
⁹⁶ Conn. Gen. Stat. sec. 54-250 (2).  For a full list of sex offenses, see Conn. Gen. Stat. sec. 54-250 (2)(offenses against minors), (11) (sexually violent offenses).
⁹⁷Conn. Gen. Stat. sec. 54-250 (1).
⁹⁸See e.g. Conn. Gen. Stat. sec. 54-251 (a), sec. 54-252 (a).
⁹⁹Conn. Gen. Stat. sec. 54-251 (a), sec. 54-252 (a).
¹⁰⁰Conn. Gen. Stat. sec. 54-251 (b), sec. 54-255.
¹⁰¹Conn. Gen. Stat. sec. 54-251.
¹⁰²Conn. Gen. Stat. sec. 54-258(1).
¹⁰³Conn. Gen. Stat. sec. 53a-71.

Police Harassment

I am often told by police to "move along" from public areas.  Is that legal?

Not necessarily.  If the area is public and not posted as having particular hours, you generally have a right to be there as long as you are engaged in lawful activity.  Public places belong to everyone, and are likely also places of public accommodation to which non-discrimination rules apply.  Even if police officers want to deter crime, or suspect some kind of unlawful intent, they have no general right to request people to move from one place to another unless there is unlawful conduct.¹⁰⁴

What are the general rules about interaction with police?

The presence of individuals who appear to be gay, lesbian, bisexual or transgendered  -- whether because such individuals are displaying symbols such as a rainbow flag or pink triangle or for any other reason should not trigger any special scrutiny by a police officer, other than a concern for the safety and well-being of those persons that the officer would have for any other park or rest area patron.

Police may of course approach a person, and make inquiries.  But the fact that a person has been convicted of a past offense, or fails to respond, or responds in a way which does not satisfy the officer, cannot, without more, justify an arrest.

If an officer has a "reasonable and articulable suspicion" that a crime has been committed or is about to be committed, he or she may briefly detain an individual, or stop the person for purposes of investigation.¹⁰⁵ An arrest can only occur upon "probable cause" that a crime has been committed.

What can I do if I believe I have been improperly treated by the police?

Complaints may be made to any individual police department for matters concerning its officers, and complaints to the Connecticut State Police may be made to Department of Public Safety, Attn:  Legal Affairs Unit, 1111 Country Club Rd., Middletown, CT  06457.  Their general number is (860) 685-8000.

In some cases, an individual may decide to pursue a lawsuit -- because of injuries, improper detainment, or for some other reason.  These matters are highly specialized, and GLAD can make attorney referrals.

¹⁰⁴Kent v. Dulles, 357 U.S. 116, 126 (1958).
¹⁰⁵State v. Anderson, 24 Conn. App. 438, 441, 589 A.2d 372, 373 (1991); Terry v. Ohio, 392 U.S. 1, 16 (1968). 

Students' Rights

Harassment and Discrimination as School

Are there any laws protecting gay students in Connecticut?

Yes.  Conn. Gen. Stat. 10-15c was amended in 1997 to add "sexual orientation" to the list of characteristics upon which discrimination is forbidden in public schools.

It provides that:

"The public schools shall be open to all children five years of age and over... and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools, . . . without discrimination on account of race, color, sex, religion, national origin or sexual orientation . . . ".

What kinds of conduct does the law cover?

Technically, the law addresses equal opportunity with respect to activities, programs and courses of study.   While a school would not likely say, "Don't come here," or "You can't take track," their actions may imply as much.  For example, if a school fails to redress pervasive harassment against you at the school generally or in a particular class or activity, this may violate the letter of the non-discrimination law.  At this time, the student rights law does not itself contain a mechanism for lawsuit based on violations of the law, but it may nonetheless prove to be the source of a private right of action.  In any event, the law is a powerful tool in advocating for change in a school to institute training programs and to deal with problems when they arise.

Are there other laws, which may protect me from discrimination and harassment because of my sexual orientation?

Possibly.  Under federal law, public schools, which receive federal funds, may not discriminate on the basis of sex.  Sometimes, the harassment of a gay student will be sexual harassment forbidden by this federal law, known as Title IX.  Complaints can be made to your school Title IX coordinator, as well as to the federal Dept. of Education, Office of Civil Rights, in Boston.  You may also consult with an attorney and go directly to Court.

What can I do if I'm being discriminated against at school?

There are many ways to approach the issue.  One is to ask for support from a friend, teacher or counselor and talk to the people who are bothering you.  That is not an option, however, if you don't feel safe doing so.

Take a look at your school policies and notify whoever is supposed to be notified -- usually a vice principal or Title IX coordinator.  You may wish to document any incidents of harassment or discrimination in writing.  Once you meet with the right officials, make a note of what you told them and on what date and ask when they will be getting back to you with a response.  If they don't help you or don't follow through, you may wish to write to the superintendent and school board and ask them to end the discrimination.

At the same time, or after contacting the administration as set out above, you may want to send a copy of your complaint to the State Dept. of Education.   While they do not have an explicit policy on complaints and they have no obligations under the non-discrimination law, you could request that they intervene on your behalf.  Contact Office of Public Information, Conn. State Dept. of Education, 165 Capitol Ave., Hartford, CT  06145.  Their phone number is (860) 566-5677 and website is www.state.ct.us/sde/.

If this fails, you may also wish to consider legal action against the city or town.   Contact GLAD for attorney referrals.

Gay/Straight Alliances

Do students have the right to form Gay Straight Alliances in their schools even if the principal or community opposes it?

Students have several legal tools available if they wish to form a GSA or club.  A federal law known as the Equal Access Act provides that secondary school students in schools that receive federal funding and have extra-curricular groups must allow students to form other extra-curricular groups without discriminating based on the religious, philosophical, political or other content of the speech at meetings.  According to the law, school administrators must respond consistently to all requests for the formation and funding of extra-curricular clubs, even if they don't agree personally with the content or think the community isn't ready for it.  GLAD brought and won a case for students at West High in Manchester, New Hampshire on this very basis.  In addition, in some cases, First Amendment principles may be brought to bear on behalf of students wishing to form a club.