
November 26, 2003 |
2003-R-0859 | |
RIGHTS OF GAY AND LESBIAN COUPLES IN CONNECTICUT | ||
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By: Susan Price-Livingston, Associate Attorney | ||
You asked what rights the State of Connecticut currently affords gay and lesbian couples. We understand your question to exclude rights afforded to people regardless of their relational status (such as contract rights, powers of appointment, and beneficiary designations) and those that apply equally to unmarried heterosexual couples (such as co-parent adoption). OLR Report 2003-R-0113 describes options same-sex couples may have to create mutual rights and obligations through generic legal documents.
SUMMARY
No Connecticut law expressly affords gay and lesbian couples rights and responsibilities based on their relationship. An arbitrator's award that has the force of law permits state employees to register their same-sex partners with the comptroller, entitling the partners and their children to coverage under state health and retirement plans. And state laws prohibit discrimination against people based on their sexual orientation and marital or family status.
ARBITRATOR'S AWARD
On January 31, 2000 arbitrator Roberta Golek issued a binding award requiring the state to offer domestic partner health and retirement benefits to the same-sex partners of state bargaining unit employees and their eligible children. This benefit is available to same-sex families if the partners give the comptroller an affidavit stating that they are:
1. in a relationship of mutual support, caring, and commitment and intend to remain in it for the indefinite future;
2. not married to anyone else;
3. their domestic partner's sole domestic partner;
4. not related by blood in a way that would bar marriage in Connecticut;
5. at least 18 years of age and competent to contract;
6. sharing a legal residence and have done so for at least 12 months; and
7. jointly responsible for maintaining their common household.
The Department of Administrative Services has voluntarily extended the domestic partner benefit to all full-time non-union state employees.
NONDISCRIMINATION BASED ON SEXUAL ORIENTATION OR MARITAL STATUS
State laws prohibit discrimination against people because of their sexual orientation or marital status. They apply to the following:
1. membership in professional and occupational associations (CGS § 46a-81b),
2. employment in establishments with three or more employees (§ 46a-81c),
3. use of places of public accommodation (§ 46a-81d),
4. housing (§ 46a-81e),
5. credit practices (§ 46a-81f),
6. state employment (§ 46a-81h),
7. provision of state services (§ 46a-81i),
8. licensing and charter procedures (§ 46a-81k),
9. state educational counseling, apprenticeship, and on-the-job training programs (46a-81m), and
10. state benefit allocations (46a-81n).
In addition, state agencies are liable for allowing discriminatory practices in professional or occupational associations, public accommodations, or housing matters (§46a-81l).
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