PA 07-62—sSB 1109

Judiciary Committee

AN ACT CONCERNING THE DEPRIVATION OF RIGHTS ON ACCOUNT OF SEXUAL ORIENTATION

SUMMARY: This act makes it a class A misdemeanor (see Table on Penalties) to deprive someone of rights, privileges, and immunities secured or protected by state or federal laws or constitutions because of his sexual orientation.

It makes it a class D felony (see Table on Penalties) if (1) property is damaged as a consequence of a violation in an amount exceeding $1,000 or (2) the violator wears a mask, hood, or other device designed to conceal his identity.

The act also gives the Commission on Human Rights and Opportunities (CHRO) jurisdiction to investigate complaints of deprivations of rights, privileges, and immunities secured or protected by any state or federal law or constitution on the basis of sexual orientation. Thus, for example, it gives CHRO jurisdiction to investigate complaints of discrimination on the basis of sexual orientation against students by public schools.

EFFECTIVE DATE: October 1, 2007

BACKGROUND

Related Statutes

The law requires that public schools be open to all children five years of age and over and that each such child have an equal opportunity to participate in the activities, programs, and courses of study offered in the public schools without discrimination on account of sexual orientation (CGS 10-15c(a)). The law defines “sexual orientation” as having a preference for heterosexuality, homosexuality, or bisexuality; having a history of such a preference; or being identified with such preference (CGS 46a-81a). But this statute does not refer to the laws this act amends.

Related Case

The state Supreme Court held that CHRO has jurisdiction to investigate claims of racial discrimination filed by students against a public school because CGS 46a-58 prohibits racial discrimination, and CGS 10-15c makes public schools open to all students without discrimination on the basis of race (Commission on Human Rights and Opportunities v. Board of Education, 270 Conn. 665 (2004)).

OLR Tracking: GC: KM: jsl: dw