June 3, 2004 |
2004-R-0474 | |
CHRONOLOGY OF STATE LAWS BENEFITTING SAME-SEX COUPLES | ||
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By: Susan Price, Associate Attorney | ||
You asked for an update on all the recent laws passed by the General Assembly to benefit same sex couples or partners. We understand your question to exclude rights people have 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).
SUMMARY
The General Assembly has not passed any law that expressly gives gay and lesbian couples rights and responsibilities based on their relationship. A 2000 arbitrator’s award that has the force of law permits state employees to register their same-sex partners with the comptroller’s office, entitling the partners and their children to coverage under state health and retirement plans. State laws enacted in 1991 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 households 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.
Under the award, the state may discontinue offering this benefit if same-sex couples gain the right to legally marry in Connecticut.
The Department of Administrative Services has voluntarily extended the same domestic partner benefits to all full-time permanent 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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