Criminal Justice | Gender-Affirming Facilities | Connecticut

I’ve just been convicted. How do I get assigned to the right facility?

If you identify as transgender, gender non-conforming, or intersex, a facility should “assess”, or determine, the right placement for you during your first intake with the Connecticut Department of Corrections (CTDOC). Prison staff may ask you if you are gender non-conforming or intersex. If you are transgender, gender non-conforming, or intersex, you can answer yes to that question because they will use it to give you a referral for assignment to a gender-affirming facility.

The facility should base your initial assessment on your safety and security. If this “assessment” has been done before you get to the place you’ll be housed, then you should be transported to the right facility from the start. If you get to an intake facility and they have not received your request from the Judicial Marshals or other officials, then the Unit Administrator at your facility will notify their boss.

The “Referral for Gender Assessment,” also called a CN 81701, is an important form you’re entitled to. It should be completed either by the staff member you disclosed your transfer request to, or the staff member who is regularly conducting a Prison Rape Elimination Act (PREA) screening. That staff member will submit your Referral and it should be submitted to the CTDOC Chief of Psychiatric Services within 72 hours.

What is the Prison Rape Elimination Act?

The Prison Rape Elimination Act (PREA) is a federal law passed in 2003. Under PREA, rather than automatically assigning people to a facility, transgender and intersex people are assessed for potential safety threats and housed “on a case-by-case basis” according to gender identity. Correctional staff have to consider housing and program assignments at least twice a year to review any threats to safety experienced by transgender and intersex people living in prison.

According to the law, they also have to take into account the individual’s own view of their safety. They are not allowed to separate them for housing or other program placements based solely on their LGBT+ status.

PREA also protects “involuntary segregation”, or the removal of a person to a different housing assignment against their will. A person cannot continue to be kept in a different part of the prison against their will unless prison officials have determined that there is no other way to keep them safe. They have to make that determination within the first 24 hours if they do place them in separate housing against their will. People cannot be segregated against their will for more than thirty days, and they must be given access to all of the same work, educational, and programming opportunities as any other person.

In July 2018, the Connecticut legislature passed Senate Bill 13 § 8, a new statute in line with the Prison Rape Elimination Act, to require that transgender people in correctional facilities are housed in accordance with their gender identity.

What happens after my intake screening?

After your Referral form is submitted, staff should house you separately from any other people until the facility has finished all other custody and medical assessments. You have a right not to be given a medical or physical health examination for the sole purpose of identifying your gender. Staff should continue to house you separately until a CTDOC committee called the Gender Non-Conforming Review Committee is consulted. Additionally, you should be given a mental health assessment within three days of your Referral submission.

If you have been receiving gender affirming care in the community, you can share that and any treatment or medications you take with the individual completing your health services screening. The medical provider doing your intake will seek a Release of Information (ROI) from you in order to obtain your medical records from outside providers.

If you don’t want to agree to an ROI, your current treatment plan may be changed or stopped altogether. This depends on a “complete medical assessment” by a licensed physician or person called an advanced practice registered nurse (APRN). This may include things like having blood work done. If you were taking non-prescribed gender affirming hormones prior to incarceration, a referral will be made for you to meet with a licensed physician or APRN to complete an evaluation within three days.

If you are housed separately, you still have a right to participate in any orientation, recreation, and social time with everyone else in your unit. You should also be allowed to shower separately from other people. The facility should ask you what gender officer you would prefer to do your pat-down and/or strip searches. Facilities are instructed to take into account what your preferences are and accommodate them if possible. In routine pat and strip searches, the facility will consider your request, but reserves the right to place facility safety first in an emergency event.

Once the facility’s PREA Compliance Manager reviews your case and makes a recommendation, your programming and housing assignments may change.

What can I do if I am segregated against my will?

If you feel that you have been segregated against your will, you can file an appeal about your placement, detailing any parts of the segregation that you feel are unfair or are impacting your stay and safety. You should be as specific as possible about what you would like to challenge and why.

Who will know that I identify as gender non-conforming or intersex?

Staff are supposed to maintain your privacy and confidentiality to the fullest amount possible once you have shared that you are gender non-conforming or intersex. The only information shared should be things that are necessary for particular staff members to do their specific job duties.

It is illegal for you to be discriminated against due to your gender identity. All people are afforded the same treatment and protection guaranteed under harassment policies.

I’ve been in prison for a while. What happens if I want to request a transfer to a facility that conforms with my gender identity?

It can be more difficult to request a transfer if you’ve been in a facility for a while, but there is a procedure to do so. If a Judicial Marshall or other official has not informed an intake facility about your gender identity, then you will just move forward with an intake like everyone else. Once you are at the new facility, you can tell an official that you would like an intake for a gender-affirming facility.

The Unit Administrator there will notify their District Administrator and then have a staff member complete a Referral. The custody staff member completing the PREA screening (or the staff member to whom you told about your request) will submit the referral form to their Unit Supervisor. That person must forward the form to the CTDOC Chief of Psychiatric Services within 72 hours. Once that is complete, the same procedure will happen as though you told an official about your request during your initial intake.

What rights does the Connecticut Senate Bill 13 § 8 protect for me?

Senate Bill 13 states that any person who has a gender identity that differs from the person’s assigned sex at birth:

Must be addressed by correctional staff in a manner consistent with the person’s gender identity;
must have access to commissary items, clothing, personal property, programming, and educational materials that are consistent with the person’s gender identity; and
must have the right to be searched by a correctional staff member of the same gender identity unless the person requests something different or there is an emergency.

How can I show my facility my gender identity, and what is “Gender Dysphoria”?

If you have a birth certificate, passport, or driver’s license that reflects your gender identity, you should provide that to correctional officers when you enter a facility or after you would like a transfer. If you don’t have those things, you can try to meet other established standards for obtaining that kind of documentation to confirm your gender identity.

People must also have a diagnosis of “gender dysphoria,” as defined in the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders.” According to them, “gender dysphoria” refers to “psychological distress that results from an incongruence between one’s sex assigned at birth and one’s gender identity.”

What happens after I show my documents?

If you have given them proof of your gender identity, you must be placed in a correctional institution with people of gender consistent with your gender identity. The only way for an official from CTDOC to prevent your transfer is to prove that the placement would present “significant safety, management, or security problems.” The Commissioner is required to give serious consideration to your views with respect to your safety.

Once the CTDOC Chief of Psychiatric Services and an APRN receive your Referral, they should schedule an in-person interview with you within 10 business days. This time is used to assess the situation and determine if you meet the criteria outlined for a diagnosis of “gender dysphoria.”

If you meet the guidelines for this diagnosis, you will have an appointment with a licensed physician or APRN and another facility psychologist for an evaluation to discuss possible medical and psychological support. If you are seeking gender affirming hormone care, but you have a medical condition that prevents this care from being prescribed, you will be informed by the medical provider what that condition is. The provider will also share these findings with the CTDOC Chief of Psychiatric Services and APRN.

What if I don’t meet the criteria for a diagnosis for “Gender Dysphoria?”

If you didn’t meet the criteria in your initial interview, a qualified mental health clinician within the CTDOC Health and Addiction Services, who was in no way involved in your initial interview stage, will conduct a second interview within five business days of your initial interview.

If the second interviewer presents a finding of “gender dysphoria,” then you will be given a provisional diagnosis for “gender dysphoria” to be reviewed within six months.

If you disagree with the diagnosis that was determined by the interviewers, then you have a right to file a Health Services Administrative Remedy form.

How will my transfer be initiated?

If you are awarded an inter-facility transfer, it will be done in accordance with Directive 9.3 overseeing all admissions, transfers, and discharges. Prior to the transfer occurring, a group of people called the Gender Non-Conforming Review Committee will be notified. The Review Committee will provide consultation with the receiving facility to make sure your care plan, called a Gender Non-Conforming Management Plan, can be honored and executed at the receiving facility.

Are there any other rights I have once I have been identified as gender non-conforming or intersex?

A person with a diagnosis of “gender dysphoria” may be given an alternate commissary as part of their Gender Non-Conforming Management Plan. You can ask about this and make sure it is part of your Plan.

What is the Gender Non-Conforming Review Committee (GNCRC)?

The Review Committee is a multi-disciplinary group that provides recommendations regarding people identifying as gender non-conforming and/or who identify as being intersex. The Committee is chaired by the CTDOC Chief of Psychiatric Services. Other members include CTDOC staff, contracted healthcare staff, and other people who are deemed appropriate for membership by the Review Committee chair.

This committee is in charge of developing your Management Plan within 14 business days of the completion of the “gender dysphoria” assessment. The Management Plan will be kept in your master file and health record, only distributed to those who need to know the information.

The Review Committee reviews all existing Management Plans twice a year.

What is the Gender Non-Conforming Supervision Group?

The Supervision Group is a group of Review Committee members who provide oversight and direction to the contracted healthcare staff members who provide direct care to people who identify as gender non-conforming or as being intersex. The Supervision Group meets quarterly to discuss care and custodial management issues.

Each Unit Administrator or health service administrator from a contracted healthcare service is responsible for ensuring that a staff member who provides direct care or custody oversight of you or any other person who identifies as gender non-conforming will be present at each meeting.

What happens after my Management Plan is reviewed by the Review Committee?

After your Management Plan is provided by the Review Committee, a final review will be completed within 14 business days of the Review Committee’s recommendation. Once the Commissioner makes the final determination and approves your Referral and Management Plan, the Commissioner will send the approved Management Plan to the Review Committee, the facility-specific Unit Administrator, and the District Administrator. From there, those individuals will develop an implementation plan for your care. The Unit Administrator or designee will have you sign onto your Management Plan.

If the Commissioner and/or designee reviews the Review Committee’s recommendations and denies any part of them, the Commissioner will direct the CTDOC Chief of Psychiatric Services and/or the Review Committee to recommend an alternative management plan within ten business days.

Once the alternative plan is established, the Review Committee will complete their typical review process outlined above until a new plan is approved. You will be given a copy of the Management Plan, and other copies will be kept in your health record and master file.

Transgender Health Care | Connecticut

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As of May 27, 2026

Is transgender health care legal in Connecticut?

Yes. Connecticut has passed a shield law that protects both patients and health care providers who offer transgender health care. Shield laws are designed to prevent other states from punishing providers or patients for care that is legal here. Transgender health care is legal for both adolescents under 18 and adults, and state law prohibits insurance companies from refusing to cover it.

Can health plans discriminate against LGBTQ+ people under federal law?

The Affordable Care Act (ACA) prohibits discrimination in health coverage on the basis of sex. This applies to health insurance companies, health care providers, Medicaid, Medicare, and marketplace plans, but generally not directly to employer-sponsored health plans.

In 2020, the Supreme Court ruled in Bostock v. Clayton County that discrimination “on the basis of sex” includes discrimination based on sexual orientation or gender identity. Though the case was not about health insurance specifically, its reasoning extends to health coverage as well. Because discrimination against transgender people is inherently sex discrimination, and sex discrimination is illegal under the ACA, denying or limiting health coverage based on someone’s gender identity violates the ACA.

What state nondiscrimination laws apply to health care providers?

Connecticut has multiple layers of protection. The state’s insurance department has stated that blanket exclusions for transgender health care services are prohibited. In 2020, the Connecticut Commission on Human Rights and Opportunities ruled that employers and insurers cannot deny coverage for transgender health care. Note that these state insurance protections apply only to plans regulated by the state, not to self-funded employer plans.

In 2025, the legislature passed a new law explicitly prohibiting health care providers from discriminating based on sex, sexual orientation, or gender identity. Connecticut Medicaid has covered transgender health care since 2015.

Are there any health care plans that are not legally protected under Connecticut law?

State nondiscrimination laws require many health insurance plans to cover care fairly. This includes plans you buy on your own, plans from the state marketplace, Medicaid, and most job-based plans where an employer buys insurance from a company.

But some large employers don’t buy insurance. Instead, they pay their employees’ health costs directly. These are called “self-funded” or “self-insured” plans.

A federal law called ERISA says these self-funded plans don’t have to follow state insurance rules. That means your state’s insurance nondiscrimination protections do not apply to them. However, state and federal laws that protect workers from employment discrimination still apply.

If you’re not sure what kind of plan you have, ask your employer’s HR department or check your plan documents (often called a Summary Plan Description).

What health care plan protections are provided by the federal government?

Medicare

In 2014, Medicare removed a decades-old rule that had categorically banned coverage of transgender surgery. Since then, coverage for transgender health care under Medicare has been decided on a case-by-case basis by local Medicare administrators, based on medical necessity.

However, in December 2025, the Trump administration proposed two new rules that would threaten this coverage. These are proposed rules, not final. They are subject to a public comment period and legal challenges, and nearly half of all states have already filed lawsuits challenging the administration’s authority to issue them. This situation is actively evolving.

Section 1557 of the Affordable Care Act (ACA)

Section 1557 of the Affordable Care Act (ACA) says that any health care provider or insurance company that gets money from the federal government cannot discriminate against someone because of their sex, race, color, national origin, age, or disability. This applies to doctors, hospitals, and health insurers that receive federal funding, as well as health programs and insurance marketplaces run by Health and Human Services (HHS).

However, Section 1557 usually does not apply to self-funded employer health plans or short-term health plans, because these plans typically don’t receive federal financial assistance directly and aren’t principally in the business of providing health care.

Title VII

Title VII is a federal law that applies to employers with 15 or more employees. It bans discrimination based on race, color, religion, sex, or national origin in all aspects of employment – including hiring, firing, pay, and benefits. This includes employer-provided health insurance. In 2020, the US Supreme Court ruled in Bostock v. Clayton County that discrimination because of sexual orientation or gender identity is a form of sex discrimination under Title VII. That means employers cannot treat LGBTQ+ workers unfairly in jobs or benefits because of who they are.

There are some limited exceptions for religious organizations. Under what’s known as the “ministerial exception,” religious employers may be exempt from antidiscrimination laws for certain employees. But which roles qualify is an evolving and contested area of law.

Can religious employers discriminate against LGBTQ+ people in health care?

Employers generally cannot discriminate against LGBTQ+ workers in employment or benefits, including health insurance. But when the employer is a religious organization, the picture gets more complicated.

On July 8, 2020, the US Supreme Court decided a case called Our Lady of Guadalupe School v. Morrissey-Berru. In this case, the Court confirmed that religious organizations have a “ministerial exception.” This means that certain employees who perform religious duties, like ministers or religious teachers, cannot bring employment discrimination lawsuits against their religious employers, including for discrimination based on sexual orientation or gender identity.

However, the ruling raised a question that hasn’t been clearly answered: who qualifies as a minister? So far, courts have been expanding the types of roles that count as “ministerial.” In 2024, a federal appeals court applied the exception to a drama teacher at a Catholic school who was fired after announcing his same-sex marriage, and in 2025, another court applied it to customer service representatives at a Christian nonprofit. What is clear is that the ministerial exception is meant to apply to employees with religious roles. But where the line falls between “religious” and “secular” positions is still being debated in the courts.

What steps can I take to get coverage for treatment of gender dysphoria?

Check your plan’s coverage. Start by finding out if your health insurance covers the treatment you need. You can do this by getting a copy of your plan’s Summary of Benefits and Coverage. You should also ask your insurer for a copy of their “medical policy” or “clinical criteria” for gender dysphoria – this will tell you exactly what your plan requires in order to approve treatment.

Learn the requirements. Most health plans – public and private – have specific rules you must follow to get coverage. This is especially true for transgender surgeries. Contact your health plan and ask for a list of the requirements for the treatment you’re seeking.

Work with your doctors and therapists. Make sure your therapists and doctors help you meet all the plan’s requirements. Their documentation and letters of support are usually the most important part of getting your treatment approved.

Check if pre-approval is needed. Many treatments, especially surgeries, require pre-approval from your insurance company. Some plans will only pay for surgery if you use a surgeon who is in their network (someone who accepts that insurance).

If your request is denied, find out why. The reason for the denial matters. A denial based on “medical necessity” is handled differently than a denial based on a blanket exclusion of transgender care, and the right strategy depends on which type you’re facing. If you believe you qualify, follow your plan’s appeal process. You usually start with an internal appeal. Under federal law, you generally have 180 days to file one. If that doesn’t work, you may be able to appeal to an outside agency through an external review, which is binding on the insurance company. Always pay attention to deadlines, because external appeal deadlines may be shorter than internal ones, and missing one could end your chance to appeal.

Get help from GLAD Law. If your treatment is denied, let GLAD Law know. We may be able to help you. You can reach GLAD Law Answers by filling out the form on our website, sending an email to [email protected], or by calling 1-800-455-GLAD (4523).

Be patient and persistent. More health plans now cover care for gender dysphoria, but the process – especially for transgender surgery – can still be slow and frustrating. It takes a lot of paperwork, and finding a qualified surgeon your plan will accept can be hard. For a detailed, step-by-step guide to navigating insurance denials for transgender health care, the Trans Health Project’s free tutorial is an excellent resource.

Don’t give up! Keep pushing and reapply if needed.

How do I find a surgeon who will take my health insurance?

More and more surgeons who perform transgender surgeries now accept health insurance. It’s important to take time to research surgeons and find one who’s the right fit for you.

Start by checking your insurance plan’s list of in-network providers to find out if it includes any surgeons who offer transgender procedures. You can usually search your insurer’s website using their “find a doctor” or provider directory tool. If you don’t see any listed, you can call the surgeon’s office directly to ask if they accept your insurance.

Most health plans require you to use in-network doctors or surgeons. But if your plan doesn’t include anyone who provides the care you need, you may have the right to see an out-of-network surgeon and have your insurance treat them as in-network. This is because insurers are generally required to maintain an adequate network of providers, and if they can’t offer you a qualified in-network surgeon for the procedure you need, they may be required to cover an out-of-network one. You will likely still need prior authorization (approval ahead of time) from your insurance company before scheduling surgery.

What should I do if I am being discriminated against in health care?

If you believe you are being discriminated against by a health care provider or insurance company because of your sexual orientation or gender identity, you have the right to file a complaint. Connecticut discrimination complaints against both providers and insurers are handled by the Connecticut Commission on Human Rights and Opportunities (CHRO), which enforces the state’s public accommodations law. This law applies broadly to “any establishment which caters or offers its services or facilities or goods to the general public,” and the CHRO has issued a declaratory ruling confirming that discriminatory insurance coverage practices fall within its authority. Complaints must generally be filed within 180 days of the discriminatory act. For more information, visit our resource on discrimination complaints in Connecticut.

How has the Trump administration targeted transgender health care?

On January 28, 2025, President Trump signed Executive Order 14187, which directed the federal government to take steps to end transgender medical care for adolescents under 18. The order spread dangerous misinformation about transgender health care, in direct contradiction to the positions of every major medical association in the United States – including the American Medical Association, the American Academy of Pediatrics, and the American Psychiatric Association – all of which recognize transgender as safe, effective, and medically necessary.

Since then, the Trump administration has worked to implement this policy throughout the executive branch. On December 18, 2025, HHS Secretary Robert F. Kennedy Jr. signed a declaration claiming that transgender health care for adolescents under 18 does not meet professional standards of health care – a claim rejected by the mainstream medical community. The declaration threatened to exclude any doctor or hospital that provides transgender health care to adolescents under 18 from participating in Medicare and Medicaid.

What are the proposed HHS rules on transgender health care?

On December 18, 2025, the Centers for Medicare and Medicaid Services (CMS) proposed two federal regulations targeting transgender health care for adolescents under 18. The first would ban any hospital that participates in Medicare or Medicaid from providing transgender health care to adolescents under 18 regardless of who is paying for the care. The second would prohibit federal Medicaid and CHIP funds from covering transgender for adolescents under 18.

These are proposed rules, not final. They are subject to a public comment period and legal challenges. Nearly half of all states have filed lawsuits challenging the administration’s authority to issue them, and litigation over the related HHS declaration issued the same day has already resulted in HHS agreeing not to issue exclusion notices against providers while the case is being decided. This situation is actively evolving.

2023 Pride Events

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About the Events

It’s Pride season and we can’t wait to celebrate at Pride events across New England! If you will be attending any of the events below, we hope you will stop by our GLAD table to say hello, check out some resources, and grab some free GLAD swag.

BAGLY Youth Pride
Saturday, May 20
The Greenway, Boston, MA
Learn more

Womxn of Color Weekend
Thursday, June 1-Sunday, June 4
Provincetown, MA
Learn more

Trans Resistance March and Festival for Black Trans Lives
Saturday, June 3
Franklin Park, Boston, MA
Learn more

Dyke March
Friday, June 9
Boston Common, Boston MA
Learn more

Boston Pride For The People
Saturday, June 10
City Hall Plaza, Boston, MA
Learn more

Rhode Island PrideFest
Saturday, June 17
Downtown Providence, RI
Learn more

Pride Portland
Saturday, June 17
Deering Oaks Park, Portland, ME
Learn more

Nashua Pride
Saturday, June 24
Nashua Public Library Parking Lot, Nashua, NH
Learn more

Boston Lesbigay Urban Pride
June 29-July 3
Boston, MA
Learn more

And don’t miss us this fall at Hartford Pride on September 9 and Worcester Pride on September 10!

News

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HB 6617 would remove barriers to fertility care and ensure Connecticut residents have equitable access to the reproductive care they need to start a family.

Connecticut families and reproductive rights and LGBTQ+ advocates testified yesterday before the Human Services Committee in support of legislation that will promote equity in access to family building, fertility preservation, and reproductive health care. HB 6617, An Act Promoting Equity in Coverage for Fertility Health Care, is part of the legislative agenda for the state’s Reproductive Rights Caucus and is supported by the Fertility Access Connecticut (FACT) campaign.

Paying out-of-pocket for fertility care is not accessible for most people who do not have fertility insurance coverage. HB 6617 would address the limitations of Connecticut’s current law which excludes coverage for fertility care, including fertility preservation, entirely under HUSKY Health and typically excludes LGBTQ+ and single people from coverage requirements for private insurers.

“Connecticut residents should have the ability to make choices regarding reproduction, fertility, and family-building that are best for themselves and their families,” said Representative Jillian Gilchrest. “That includes being able to access and afford the medical care they need.”

“I’m proud of what Connecticut has done to update our laws to reflect our modern understanding of family, including LGBTQ+ families,” said Representative Jeff Currey. “HB 6617 would bring the state’s fertility insurance requirements up to speed with Connecticut’s other LGBTQ+-inclusive laws recognizing modern family formation.”

Under the current state mandate, private insurance companies are only required to cover fertility treatments for people diagnosed as “infertile.” Infertility is defined in reference to heterosexual intercourse, so LGBTQ+ and single people who need to access fertility care are often excluded. HB 6617 would expand the existing mandate to require coverage for LGBTQ+ and single individuals who need medical care to build their families, as well as people who are diagnosed infertile.

The bill would also require the state’s Medicaid program to provide coverage for fertility care for the first time. Research indicates that the current exclusion of coverage in HUSKY Health perpetuates racial disparities in access to fertility care in the state.

“While insurance mandates like the one we have in place today have increased access for some, they have failed to address stark racial disparities in utilization of fertility care services. Black and Latinx women are more likely than white women to experience infertility yet less likely to receive care once diagnosed,” said Katie Kraschel, Clinical Lecturer in Law for the Reproductive Rights and Justice Clinic at Yale Law School. “While this is a multi-dimensional problem, data shows that Black and Latinx people disproportionately access care through Medicaid and have been excluded from Connecticut’s law, so it’s not surprising these disparities persist when HUSKY is exempt from providing coverage.”

Powerful written testimony in support of the bill submitted to the Committee from medical practitioners described the devastating choices cancer patients insured by HUSKY Health can face between treatment and fertility preservation. One oncologist in New Haven shared the story of a patient who tragically lost her life after foregoing chemotherapy because she could not afford fertility preservation. Another told the story of a young patient who survived cancer and now lives with the distress of not being able to conceive a child. HB 6617 would ensure that fertility preservation in advance of cancer treatment would be covered by the state’s Medicaid program.

“Connecticut has shown its deep commitment to reproductive rights and to supporting children and families with past legislation including Public Act 22-19 and the Connecticut Parentage Act. HB 6617 is an essential next step,” said Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates & Defenders. “By requiring insurance coverage for LGBTQ+ and single individuals who need medical care to build their families and by ending the exclusion of fertility care for families insured by HUSKY Health, HB 6617 will ensure that more Connecticut families have access to quality, timely fertility care.”

Kim Forte, a lesbian parent to seven-year-old twins, told the committee about the extensive emotional and financial cost she and her spouse bore to “prove” her infertility before her private insurance would cover the cost of IVF. Kim had to self-pay for 6 mos. of “intrauterine inseminations, something my doctors knew that given my age would likely not be successful.” The impact was $15,000 in out-of-pocket costs and the substantial physical and emotional toll of going through six unnecessary months of medical procedures – something that likely would not have been required if she had been in a heterosexual relationship.

“Connecticut has already made updates to other laws regarding modern family formation, and some of the state’s employers have voluntarily taken the initiative to provide comprehensive fertility care coverage,” said Matthew Blinstrubus, Executive Director of Equality Connecticut. “It’s time for the state’s fertility regulations to follow suit to ensure equitable access to fertility healthcare.”

“The inequity in coverage for fertility care is an urgent reproductive rights and justice issue in our state. All people deserve access to quality, affordable, and compassionate health care and the resources they need to make personal decisions about their bodies, lives, and futures, including if and when to start a family.” said Gretchen Raffa, Vice President, Public Policy, Advocacy and Organizing of Planned Parenthood of Southern New England. “HB 6617 will help ensure all people have the freedom and power to build their own families.”

In testimony on behalf of the Reproductive Rights Caucus, Co-Chair Representative Matt Blumenthal wrote that “Access to fertility treatment and services is vital to making [the fundamental right to family building] real for all people, including for single people, LGBTQ+ couples, and those with health conditions that impair their fertility… HB 6617 offers us an opportunity to address existing inequities and injustices around what it means to have a family, in all of its forms.”

Learn more about Fertility Access Connecticut (FACT).

Youth | Schools | Connecticut

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As of April 24, 2026

Schools have a responsibility to create learning environments where all students can thrive. That includes LGBTQ+ students, who deserve to be safe, supported, and treated with respect. Learn more about your rights in public school:

What are my rights as an LGBTQ+ student?

All Connecticut public school students have the right:

To be safe in school without being bullied
To be protected from discrimination based on sex, sexual orientation, and gender identity
To dress and present yourself in a manner consistent with your gender identity
To play school sports and use the restroom consistent with your gender identity
To take a date of any gender to prom
To access information about LGBTQ topics at school
To form a Gay/Straight Alliance (GSA) that gets treated the same as any other student group
To free speech and expression. Generally, this means you have the right to express ideas and disagree with other people, as long as you express them in a respectful way.

LGBTQ+ students are also protected under Title IX, a federal law that bans discrimination based on sex, which includes sexual orientation and gender identity. Learn more about Title IX and how it impacts you.

Does Connecticut have any laws protecting transgender students?

Yes. State law protects transgender students.

Schools must treat all students fairly, including transgender students. This means schools should create a safe and inclusive learning environment and respect a student’s gender identity.

Bathrooms and Locker Rooms

You have the right to use restrooms and locker rooms that match your gender identity.

School Sports

You have the right to take part in school activities, including sports, in ways that match your gender identity.

Pronouns

Your school is required to respect your name and pronouns.

How does Connecticut protect LGBTQ+ students from bullying and harassment?

Schools must work to keep students safe and address bullying when it happens. Bullying based on a student’s actual or perceived sexual orientation, gender identity, or gender expression is not allowed.

Bullying can include actions that happen in person or online, and may involve:

Harm to you or your belongings, or actions that make you feel unsafe

Behavior that creates a hostile or intimidating school environment

Activity that interferes with your ability to learn or take part in school activities

Schools are required to have written policies about bullying and cyberbullying. These policies usually explain how students can report bullying and how schools must respond and take steps to stop it. You can ask a school administrator for a copy of the written policy.

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

You can start by asking for support from someone you trust, like a friend, teacher, or school counselor. If it feels safe, you may choose to talk directly with the person or people involved.

You can also review your school’s policies and report what is happening to the staff member listed in the policies. This is often a principal, vice principal, or Title IX coordinator.

It can help to write down what happened, including dates, what occurred, and who was involved. If you meet with school staff, keep notes about who you spoke with, when you met, and what they said they would do. Schools should respond and take steps to stop the discrimination or bullying. Learn more about advocacy tips here.

If the school does not help or follow through, you can contact your state department of education to report the situation or ask for help.

If these steps do not stop the discrimination, you may want to consider legal options. You can contact GLAD Law Answers for free, confidential information and referrals.

You can also file a complaint with your school’s Title IX coordinator or with the US Department of Education’s Office for Civil Rights. Find out how to file a complaint with the Office of Civil Rights.

If you have been discriminated against because of your sexual orientation, gender identity, or gender expression, please let us know.

Do I have the right to form a Gender/Sexuality Alliance (GSA) or LGBTQ+ club at my school?

For high school students: Yes.
For middle school students: Probably.

A federal law known as the Equal Access Act says that public secondary schools (like most middle and high schools) that get federal money must treat all student clubs the same. If a school allows one student-run club, it must also allow others, including GSAs or LGBTQ+ clubs.

Your school can’t make special rules for your club that don’t apply to other clubs. For example, it can’t require a faculty advisor or permission slips if other clubs don’t have to.

Your school also has to give your club the same access to facilities and ways to share information as other clubs, like:

Announcements on the PA system

Space in the school newspaper

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If your school won’t let you form a GSA or LGBTQ+ club, or treats your club differently than others, contact GLAD Law Answers.

Youth | Discrimination | Connecticut

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What are my rights as an LGBTQ+ student?

All Connecticut public school students have the right:

To be safe in school without being bullied,
To access information about LGBTQ+ subjects including educational websites,
To dress and present yourself in a manner consistent with your gender identity,
To free speech and expression. This means you have the right to express ideas that may offend other people and you have the right to disagree with others, as long as you express those ideas in a respectful way.

All Connecticut public and many private school students have the right:

To be protected from discrimination or harassment based on sexual orientation, gender identity or expression or HIV status,
To form a Gay/Straight Alliance (GSA) that gets treated the same as every other non-curricular group. This means equal funding, access to facilities, and the ability to choose your group’s name.

Outside of school you have the right:

To be protected from discrimination based on your actual or perceived sexual orientation, HIV status, or gender identity in employment, housing, and public accommodations (like restaurants or stores).
To give your own consent to get tested for HIV without your parents’ permission. For more specific information, see the “HIV/AIDS” Issue Area.
To report to the police anyone in or out of school who physically harms you, threatens you, or vandalizes your property.

Federal law also protects you from discrimination at school

You are protected from discrimination in public schools or other schools that receive federal funding because of Title IX. Title IX is a federal civil rights law, and it prohibits discrimination based on sex – including sexual orientation or gender identity – across the country.

Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination?

Yes. Since 1991, Connecticut has prohibited discrimination based on sexual orientation in public and private employment, housing, public accommodations, and credit (Conn. Gen. Stat. sec. 46a-81c to 46a-81q). In July 2011, these laws were extended to protect transgender people when Governor Malloy signed Public Act 11-55, An Act Concerning Discrimination, into law. The act, which went into effect on October 1, 2011, added “gender identity or expression” to Connecticut’s list of protected classes. For more detailed information visit GLAD’s and the Connecticut Women’s Education and Legal Fund’s (CWEALF) publication, Connecticut: Legal Protections for Transgender People, at: Connecticut: Legal Protections for Transgender People

Does the Connecticut anti-discrimination law also protect public school students?

Yes, Connecticut Gen. Stat. Sec 10-15c prohibits discrimination against public school students in activities, programs and courses of study based on sexual orientation or gender identity or expression as well as race, color, sex, religion and national origin. For more information about the Connecticut anti-discrimination law and how to file a discrimination complaint, see the “Discrimination” Issue Area.

Does Connecticut have guidance schools should follow to protect transgender students?

Yes, Connecticut has created guidance for school districts on the rights, responsibilities and best educational practices for transgender and gender non-conforming students.

The guidelines include the following:

Schools should respect a transgender student’s name and pronouns;
Schools should respect transgender students’ privacy regarding any medical information, previous names, etc.;
The name and gender on a student’s records should conform to the student’s gender identity;
Transgender students should be able to use the restroom, locker room, and changing facility that accord with their gender identity;
In any sex-segregated activities (including athletics), transgender students should be able to participate in a manner consistent with their gender identity.

For more information on this guidance, see “Guidance on Civil Rights Protections and Supports for Transgender Students”:

Guidance on Civil Rights Protections and Supports for Transgender Students

Do the laws also protect people perceived to be LGBTQ+?

Yes. Connecticut non-discrimination law defines “sexual orientation” as either “having a preference for heterosexuality, homosexuality or bisexuality, having a history of such preference or being identified with such preference…” (Conn. Gen. Stat. sec. 46a-81a (emphasis added)). This language includes discrimination based on perception. For example, if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

Similarly, the law defines “gender identity or expression” as:

[A] person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth… (Conn. Gen. Stat. sec. 46a-51(21) (emphasis added)).

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

Possibly. Federal law prohibits sex discrimination in public schools that receive federal funding. Depending on the situation, harassment of LGBTQ+ students may be actionable as sex discrimination (Visit, e.g., Ray v. Antioch Unified School District, 107 F. Supp. 2d 1165 (N.D. Cal. 2000) (stating that attacks based on a student’s perceived sexuality constitute sex discrimination)). Harassment of transgender students in particular is actionable. Several federal courts have held that the federal anti-discrimination law, Title IX, prohibits discrimination based on gender identity (Visit, e.g., Whitaker v. Kenosha Unified School District No. 1 Bd. of Educ., 2017 U.S. App. LEXIS 9362 (7^th Cir. 2017); cf. Bd. of Educ. v. U.S. Dep’t of Educ., 2016 U.S. Dist. LEXIS 131474 (S.D. Ohio 2016)).

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

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’s 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 their website is http://www.state.ct.us/sde/

If the above methods fail to stop the discrimination, you may also wish to consider taking legal action. Contact GLAD Law Answers for attorney referrals.

Does Connecticut have a law that bans conversion therapy?

Yes, in 2017 Connecticut passed Public Act 17-5, An Act Concerning the Protection of Youth from Conversion Therapy.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice which seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.

Under the law’s provisions, any licensed health professional who practices conversion therapy would be subject to discipline by the Department of Public Health up to and including the loss of their professional license.

Discrimination | Employment | Connecticut

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Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?

Yes. Since 1991, Connecticut has prohibited discrimination based on sexual orientation in public and private employment, housing, public accommodations, and credit (Conn. Gen. Stat. sec. 46a-81c to 46a-81q). In July 2011, these laws were extended to protect transgender people when Governor Malloy signed Public Act 11-55, An Act Concerning Discrimination, into law. The act, which went into effect on October 1, 2011, added “gender identity or expression” to Connecticut’s list of protected classes. For more detailed information visit GLAD’s and the Connecticut Women’s Education and Legal Fund’s (CWEALF) publication, Connecticut: Legal Protections for Transgender People

Do the laws also protect people perceived to be LGBTQ+ in employment?

Similarly, the law defines “gender identity or expression” as:

What do the employment provisions say? Who do they apply to?

The non-discrimination law applies to public and private employees. It forbids employers from refusing to hire a person, discharging them, or discriminating against them “in compensation, or in terms, conditions or privileges of employment” because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(1)) or gender identity or expression (Conn. Gen. Stat. sec. 46a-60(a)(1)). 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.

In addition, employment agencies may not discriminate based on sexual orientation (Conn. Gen. Stat. sec. 46a-81c(2)), gender identity, or gender expression (Conn. Gen. Stat. sec.c. 46a-60(a)(2)), either by refusing to properly classify or refer their customers for employment or in general. Labor organizations (e.g. unions) similarly may not discriminate (Conn. Gen. Stat. sec. 46a-81c(3); Conn. Gen. Stat. sec. 46a-60(a)(3)). The law also forbids all of these entities from advertising in such a way as to restrict employment because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(4)), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-60(a)(6)).

Finally, the State of Connecticut and its agencies are forbidden from discriminating based on sexual orientation (see generally Conn. Gen. Stat. secs. 46a-81g to 46a-81o) and gender identity or expression (see generally Conn. Gen. Stat. secs 46a-70 & 46a-71), both in their own employment practices as well as in their provision of services. The law also imposes an affirmative obligation on state agencies to adopt rules to enforce the non-discrimination provisions and to establish training programs. Contractors and subcontractors who provide services to the state must certify in writing that they will not discriminate when fulfilling the contract terms.

Effective June 7, 2016, Connecticut added sexual orientation and gender identity or expression, as well as religion, sex and national origin, as protected categories under its law banning discrimination in membership, unit formation, promotion or accommodations in “the armed forces of the state” (Conn. Gen. Stat. sec. 27-59).

Does the law apply to every employer in Connecticut?

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

Employers with fewer than 3 employees are not subject to the law (Conn. Gen. Stat. sec. 46a-51(10)).
Certain religious employers are also exempt. See below on Religious Exemption to the Prohibitions on Sexual Orientation And Gender Identity Discrimination.
Any employer, agency, or labor organization may defend against a discrimination claim by arguing that it is a “bona fide occupational qualification” of the particular job to have a non-LGBTQ+ employee fill it (Conn. Gen. Stat. secs. 46a-81c; 46a-60 generally). Luckily, although this defense is technically allowed by law, it is strictly applied and rarely successful (see, 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”)).
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 (Conn. Gen. Stat. sec. 46a-81q. It is worth noting that LGB individuals are no longer excluded from the military and ROTC programs; and transgender individuals can now serve in the military and will be allowed participation in ROTC no later than July 1, 2017).

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 (Conn. Gen. Stat. sec. 46a-60(a)(8)).

Can I file a complaint of sexual harassment if I’m LGBTQ+?

Yes. It is just as unlawful to sexually harass an LGBTQ+ individual as it is to harass anyone else. Some harassment is specifically anti-LGBTQ+, and may be more fairly characterized as harassment on the basis of sexual orientation or gender identity. 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 (Compare 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)).

Testing & Privacy | HIV/AIDS | Connecticut

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Questions and answers on HIV/AIDS Testing and Privacy. Also visit our pages on HIV/AIDS Discrimination and Other HIV-Related Questions.

Does Connecticut have a law governing HIV testing?

Yes, but the law was changed significantly in 2009 eliminating the need to get specific informed consent each time an HIV-related test is done and the need to do pre-test counseling. Instead, a general consent for medical care is sufficient as long as the general consent contains an instruction to the patient that the patient “may” be tested for HIV unless the patient “choose[s] not to be tested for HIV” (Conn. Gen. Stat. sec. 19a-582(a)). Under this system, the burden is on the patient who does not want to be tested for HIV to communicate that refusal to the healthcare provider.

If the person declines an HIV-related test, then that will be documented in the patient’s record, but otherwise the medical provider does not need to get the patient’s specific consent to perform an HIV-related test. The term “HIV-related test” includes a test for any agent “thought to cause or indicate the presence of HIV infection” (Conn. Gen. Stat. sec. 19a-581 (6)).

Are there requirements for what must be provided to the patient at the time the results of the HIV-related test are communicated?

Yes, Connecticut law specifies counseling or referral to counseling must be provided, as needed (Conn. Gen. Stat. sec. 19a-582 (c)):

for coping with the emotional consequences of learning an HIV test result,
regarding potential discrimination issues,
for behavior modification to prevent transmission,
to inform the person of available medical treatments and services and HIV support services agencies, and
regarding the need to notify partners.

Can a physician test a minor for HIV without consent of a parent or guardian?

Yes, Connecticut law explicitly provides that the “consent of a parent or guardian shall not be a prerequisite to testing of a minor” (Conn. Gen. Stat. sec. 19a-582 (a)).

Connecticut law also requires that at the time a minor receives the test result, if they were tested without parental consent, the provider must give the minor counseling or referrals to “work towards” involving the minor’s parents in decision-making about medical care. In addition, the minor must receive actual counseling about the need to notify partners (Conn. Gen. Stat. sec. 19a-582 (c)).

Are there circumstances under which Connecticut law permits HIV testing, even against a person’s wishes?

Yes, Connecticut law permits involuntary HIV testing, without the need for informed consent, in several situations. The following four circumstances are the most important circumstances permitting involuntary testing:

1. Occupational Exposure – Significant Exposure Required

Connecticut law permits a nonconsensual “HIV-related test” of the source of a “significant exposure” (the threshold requirement that there be a “significant exposure” means “a parenteral exposure such as a needlestick or cut, or mucous membrane exposure such as a splash to the eye or mouth, to blood or a cutaneous exposure involving large amounts of blood or prolonged contact with blood, especially when the exposed skin is chapped, abraded, or afflicted with dermatitis.” Conn. Gen. Stat. sec. 19a-581 (14). Department of Health Services Regulations additionally list a variety of internal organ fluids whose contact can constitute a “significant exposure” and lists sexual assault in the course of occupational duties as a mode of “significant exposure” as well. See Department of Public Health, Public Health Code sec. 19a-589-1(o) .Exposure to urine, feces, saliva, sweat, tears, and vomit is excluded, unless the fluid in question contains visible amounts of blood. Likewise, human bites or scratches are excluded unless there is direct blood to blood or blood to mucous membrane contact. Id) to HIV which occurs during a person’s occupational duties (Conn. Gen. Stat. sec. 19a-582 (d)(5)).

In order to obtain a nonconsensual HIV test of a source, the subject employee must:

Document the occurrence of a significant occupational exposure and complete an incident report within 48 hours;
Have a negative baseline HIV test within 72 hours;
Through a physician, have attempted to obtain and been refused, voluntary consent from the source;
“Be able to take meaningful immediate action…which could not otherwise be taken” (such as beginning a prophylactic drug regimen or making decisions regarding pregnancy or breastfeeding); and
Have an “exposure evaluation group” determine that the above criteria are met (an “exposure evaluation group” means at least three impartial health care providers, one of whom must be a physician, who determine the existence of a “significant exposure.” Conn. Gen. Stat. sec. 19a-581 (15)).

How the Test Occurs

If the source is a patient in a health, correctional, or other facility, an available sample of blood may be tested or a blood sample may be drawn from the source and tested.

If the source is not in such a facility and a physician certifies that there has been a significant exposure, the worker may seek a court order for testing.

The employer must pay the cost of the HIV test.

2. Inability to Consent

A licensed health care provider may order a nonconsensual HIV test when the subject is unable to consent or lacks capacity to give or refuse consent and the test is necessary for “diagnostic purposes to provide appropriate urgent care” (Conn. Gen. Stat. sec. 19a-582 (d)(1)).

3. Incarcerated People

The Department of Correction may perform involuntary HIV testing on an incarcerated person either because it is necessary for the diagnosis or treatment of an illness, or if the incarcerated person’s behavior poses a significant risk of transmission to another incarcerated person or has resulted in a significant exposure to another incarcerated person (“Significant risk of transmission” means “sexual activity that involves transfer of one person’s semen, vaginal or cervical secretions to another person or sharing of needles during intravenous drug use.” Conn. Gen. Stat. sec. 19a-581 (13)), (Conn. Gen. Stat. sec. 19a-582 (d)(6), (d)(7)).In both situations, there must be no reasonable alternative to testing available to achieve the same goal.

4. By Court Order

Connecticut law contains a broad provision permitting a court to order an HIV test when the court determines that there is a “clear and imminent danger to the public health or the health of a person and that the person has demonstrated a compelling need for the HIV-related test result which cannot be accommodated by other means” (Conn. Gen. Stat. sec. 19a-582 (d)(8)). In its assessment, the court must weigh the need for the test result against both the “privacy interests of the test subject and the public interest which may be disserved by involuntary testing” (Conn. Gen. Stat. sec. 19a-582 (d)(8)), (additional provisions for HIV testing without consent under Connecticut law include: (1) testing human organs, tissues, blood, or semen which are being used in medical research or therapy or for transplantation; (2) for research purposes if the identity of the subject cannot be determined; or (3) to determine the cause of death. See Conn. Gen. Stat. sec. 19a-582 (d) generally).

Do the same laws that pertain to testing done by health organizations pertain to testing done by insurers?

No, Connecticut law makes a distinction between HIV testing by health organizations and HIV testing done by insurers. A separate set of laws governs HIV testing by insurers, rather than the general HIV testing statute (Conn. Gen. Stat. sec. 19a-586).

In order to take any HIV-related test of an insurance applicant, the insurer must obtain written informed consent (Conn. Gen. Stat. sec. 19a-586). The Commissioner of Insurance has developed a required format for such consent. An insurer may use an alternative form which must be filed with the Insurance Commissioner.

May life and health insurers and health centers disclose a positive HIV-related test result to any group for any reason?

Yes, the law permits life and health insurers and health centers to disclose a positive HIV-related test result to an organization that collects information about insurance applicants for the purpose of detecting fraud or misrepresentation, but such disclosure must be in the form of a code that includes many other test results and could not therefore be used to reasonably identify an applicant’s test result as an HIV-related test (Conn. Gen. Stat. sec. 19a-587).

Are there unique requirements for the administration of HIV tests for pregnant people and newborns?

Yes, any health care provider giving prenatal care to a pregnant person must explain to them that HIV testing is a part of routine prenatal care and inform the patient of the health benefits to themself and their newborn of being tested for HIV infection. The requirements for consent and post-test counseling are the same as those discussed at the beginning of this topic (Conn. Gen. Stat. sec. 19a-593 (a)). If the pregnant person consents to HIV testing, the result will be listed in their medical file.

If a pregnant person is admitted for delivery and there is no documentation of HIV-related testing in their medical record, the health care provider must inform them of the health benefits to themself and their newborn of being tested for HIV infection either before delivery or within 24 hours after delivery. The health care provider must then administer an HIV test unless there is a specific written objection from the patient (Conn. Gen. Stat. sec. 19a-593 (b)).

Are there HIV testing laws that are specific to newborns?

Yes, all newborns shall be administered an HIV-related test as soon after birth as medically appropriate, unless the infant’s parents object to the test as being in conflict with their “religious practice.” This mandate does not apply if the person who gave birth was tested pursuant to the laws described above (Conn. Gen. Stat. sec. 19a-55 (a)).

In addition, the Department of Public Health may establish a registry of data on infants who have been exposed to HIV or AIDS medication in order to study the potential long-term effects of such medication on infants.

Is there an HIV-related law that governs HIV/AIDS vaccine researchers?

Yes, the HIV-related law that governs HIV/AIDS vaccine researchers states that when a drug is developed and tested to determine its success as a vaccine against HIV/AIDS, a manufacturer, research institution, or researcher will not be held liable for civil damages resulting from clinical trials where the drug is administered to research subjects. This immunity from liability must be presented to the research subject in writing and that person (or their parent or guardian in the case of a minor) must provide informed written consent to act as a research subject (Conn. Gen. Stat. sec. 19a-591(a & b)).

Are there laws in Connecticut that protect the privacy of medical information, such as HIV?

Connecticut law contains a broad prohibition against the disclosure by any person, without a written release, of “confidential HIV-related information” (the term “confidential HIV-related information” means any information “pertaining to” a person who has “been counseled regarding HIV infection, is the subject of an HIV-related test or, who has been diagnosed as having HIV infection, AIDS, or HIV-related illness.” Conn. Gen. Stat. sec. 19a-581 (7), (8). It includes information which even reasonably could identify a person as having such conditions and information relating to such individual’s partners. Conn. Gen. Stat. sec. 19a-581 (8)), (Conn. Gen. Stat. sec. 19a-583 (a)).

Does a person with HIV have a Constitutional right to privacy?

Many courts have found that a person has a constitutional privacy right to the nondisclosure of HIV status. Courts have based this right on the Due Process Clause of the U.S. Constitution, which creates a privacy interest in avoiding disclosure of certain types of personal information.

The constitutional right to privacy can only be asserted when the person disclosing the information is a state or government actor — e.g. police, prison officials, doctors at a state hospital.

To determine whether there has been a violation of this right to privacy, courts balance the nature of the intrusion into a person’s privacy against the weight to be given to the government’s legitimate reasons for a policy or practice that results in disclosure.

Are there circumstances under which Connecticut law permits the disclosure of HIV status without written informed consent?

Yes, Connecticut law provides for disclosure of HIV status under specifically prescribed circumstances:

To a health care provider or facility when necessary to provide “appropriate care or treatment” (Conn. Gen. Stat. sec. 19a-583(a) (4)).
To a health care worker or other employee where there has been a “significant occupational exposure” and the requirements articulated above are met.
To employees of hospitals for mental illness operated by the Department of Mental Health and Addiction Services if the infection control committee determines the patient’s behavior poses a significant risk of transmission to another patient (Conn. Gen. Stat. sec. 19a-583 (a)(8)). Disclosure may only occur if it is likely to prevent or reduce the risk of transmission and no reasonable alternative, such as counseling, is available to achieve the same goal.
To employees of facilities operated by the Department of Correction to provide services related to HIV-infection or if the medical director and chief administrator determine that the incarcerated person’s behavior poses a significant risk of transmission to another incarcerated person or has resulted in a significant exposure to another incarcerated person at the facility (Conn. Gen. Stat. sec. 19a-583 (a)(9)).
To life and health insurers in connection with underwriting and claims activity for life, health, and disability benefits (Conn. Gen. Stat. sec. 19a-583 (a)(11)).

To any person allowed access to such information by a court order, as described above. There are safeguards to protect the privacy of the source in any such court proceeding and subsequent disclosure of HIV-related information (Conn. Gen. Stat. sec. 19a-583).

How can violations of the testing and privacy statute be addressed?

Under Connecticut law, a person can recover compensatory damages for any injury suffered from a “willful” violation of the informed consent and confidentiality requirements (Conn. Gen. Stat. sec. 19a-590).

The phrase “willful” violation has been interpreted by the Supreme Court of Connecticut to mean simply that the disclosure of HIV-related information must be knowingly made. It need not be intended to produce injury (see Doe v. Marselle, 675 A.2d 835, 236 Conn. 845 (1996)).

Does Connecticut have reporting laws that require HIV or AIDS diagnoses to be reported to the Connecticut Department of Health?

Yes. All states require that certain health conditions be reported to public health authorities in order to track epidemiological trends and develop effective prevention strategies. Connecticut requires that physicians report to the Department of Public Health; 1) patients diagnosed with AIDS; 2) patients testing positive for HIV; 3) and children born to HIV positive people. Information collected is kept confidential.

What does the phrase “duty to warn” refer to?

The term “duty to warn” refers to situations in which a counselor or physician may learn that a client is engaging in unprotected sex without having disclosed their HIV-positive status to the partner or partners. Many people have asked whether there is a legal basis to breach client or patient confidentiality under these circumstances.

Does Connecticut have an HIV-specific duty to warn statute that pertains to physicians and public health officers?

Yes, Connecticut law permits both public health officers and physicians, under certain circumstances, to inform or warn partners that they may have been exposed to HIV (Conn. Gen. Stat. sec. 19a-584). The term “partner” means an “identified spouse or sex partner of the protected individual or a person identified as having shared hypodermic needles or syringes with the protected individual” (Conn. Gen. Stat. sec. 19a-581 (10)). The requirements for such a disclosure by a public health officer are that:

There is a reasonable belief of a significant risk of transmission to the partner;
The public health officer has counseled the individual regarding the need to notify a partner and reasonably believes that the individual will not disclose to the partner; and
The public health officer has informed the protected individual of their intent to make the disclosure.

A physician may only warn or inform a known partner if both the partner and the individual with HIV are under the physician’s care. A physician may also disclose confidential HIV related information to a public health officer for the purpose of warning partners, if the physician takes the same steps with respect to their patient as public health officers must take above.

In making such a warning, the physician or public health official shall not disclose the identity of the HIV-infected individual and, where practicable, shall make such disclosure in person.

Does Connecticut have statutes that allow other health care providers to disclose a client’s HIV status?

No. The AIDS Law Project believes that any general laws related to “duty to warn” (Conn. Gen. Stat. sec. 52-146c, §52-146f) do not pertain to HIV disclosure, because Connecticut law specifically protects the confidentiality of HIV-related information and makes no exceptions for mental health providers, such as psychologists and social workers.

Connecticut law contains a broad prohibition on the disclosure of confidential HIV-related information by any person (Conn. Gen. Stat. sec. 19a-583). Since the Connecticut legislature specifically provided a narrow exemption permitting warning by physicians and public health officers only (Conn. Gen. Stat. sec. 19a-581(12)), there is a strong argument that the legislature has addressed that issue and decided not to permit other providers to disclose HIV status.

Nevertheless, the issue of duty to warn is an evolving and unclear area of law. Mental health professionals must consult an attorney or supervisor for advice if they believe that a client’s communications justify breaching client confidentiality and disclosing a client’s HIV status to a third person.

Are there requirements for how to disclose HIV-related information?

Yes, whenever confidential HIV-related information is disclosed, the disclosure must be accompanied by the following statement, or by a statement using substantially similar language:

“This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law. A general authorization for the release of medical or other information is NOT sufficient for this purpose.”

“An oral disclosure shall be accompanied or followed by such a notice within 10 days” (Conn. Gen. Stat. sec. 19a-585 (a)).

Notation of any disclosure must be made in the subject’s medical records, except for disclosures made:

To federal or state authorities;
In the course of ordinary medical review; or
To life and health insurers and government payers in connection with claims for life, health, and disability benefits.

Youth | Bullying | Connecticut

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Does Connecticut have a law to protect public school students from bullying?

Yes. The law improved significantly in 2011 with the passage of Public Act 11-232, An Act Concerning the Strengthening of School Bullying Laws (Conn. Gen. Stat. sec. 10-222d). Per the law, bullying is defined as repeated written, oral, or electronic communication, or physical acts or gestures by one or more students repeatedly directed at another student, that:

causes the bullied student physical or emotional harm or damages their property;
places the bullied student in reasonable fear of being harmed;
creates a hostile school environment for the bullied student;
infringes on the bullied student’s rights or substantially disrupts the education process or the school’s orderly operation.

The law also recognizes that students who are LGBTQ+ or are perceived to be LGBTQ+ or who associate with LGBTQ+ students are often the target of bullying (Conn. Gen. Stat. sec. 10-222d(a)(1)).

Per the law, each school board must develop a “safe school climate plan” that:

prohibits bullying on school grounds, at a school-sponsored or school-related activity, at a school bus stop or on a school bus, through electronic means (i.e. cyberbullying)
prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying
enables students to anonymously report acts of bullying
enables parents to file written reports of suspected bullying
requires school employees who witness bullying or receive reports of bullying to report it
requires schools to investigate all reports of bullying and have a prevention and intervention strategy
requires that both the parents of the bully and the parents of the victim be notified about bullying and told about the measures the school has chosen to take in response
requires the school to notify the police about any acts of bullying that may constitute criminal conduct
requires schools to maintain a publicly available list of the number of verified bullying incidents and to report this annually to the Connecticut State Department of Education
requires all school employees to complete annual training on identifying, preventing and responding to bullying and to youth suicide.

Can schools regulate anti-bullying policies outside of school grounds?

Yes, the U.S. Supreme Court in Mahanoy Area School Dist. V. B. L. in addition to concluding that students have broad speech and expression rights outside of school, also stated:

“Circumstances that may implicate a school’s regulatory interests [outside school] include serious or severe bullying or harassment targeting particular individuals; threats aimed at teachers or other students . . .”

Does Connecticut have guidance schools should follow to protect transgender students?

Yes, Connecticut has created guidance for school districts on the rights, responsibilities and best educational practices for transgender and gender non-conforming students.

The guidelines include the following:

Schools should respect a transgender student’s name and pronouns;
Schools should respect transgender students’ privacy regarding any medical information, previous names, etc.;
The name and gender on a student’s records should conform to the student’s gender identity;
Transgender students should be able to use the restroom, locker room, and changing facility that accord with their gender identity;
In any sex-segregated activities (including athletics), transgender students should be able to participate in a manner consistent with their gender identity.

For more information on this guidance, see “Guidance on Civil Rights Protections and Supports for Transgender Students”:

Guidance on Civil Rights Protections and Supports for Transgender Students

Does the Connecticut anti-discrimination law also protect public school students?

Are there federal laws that protect students?

Yes, Title IX prohibits discrimination against students based on sex in any school or college that receives federal funds. In light of the Supreme Court ruling in Bostock v. Clayton County, which determined that sexual orientation and gender identity discrimination are forms of sex discrimination, the federal Department of Education, which enforces Title IX, has stated that it will interpret any sexual orientation or gender identity discrimination as sex discrimination.

To file a complaint with the federal Department of Education Office of Civil Rights, see: How to File a Discrimination Complaint with the Office for Civil Rights.

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

What can I do if I’m being discriminated against or bullied 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 should document any incidents of harassment or discrimination in writing with at least the date and time. Once you meet with the right officials, write yourself notes about 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 principal and superintendent and ask for them to end the discrimination.

If this fails, you may also wish to consider legal action against the town by contacting the Connecticut Commission on Human Rights and Opportunities or the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Law Answers by filling out the email form at GLAD Law Answers to discuss options.

Second Parent Adoption | Connecticut

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What is the difference between joint, second-parent, and single-parent adoptions?

A joint adoption is when both partners adopt a child together at the same time. A second-parent adoption is when one partner adopts the other partner’s child. A single-parent adoption is where a single individual adopts a child.

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

Yes. A couple with a marriage or civil union must generally adopt a child not born into the relationship as a couple (Conn. Gen. Stat. sec. 45a-732 (married person cannot adopt unless spouse adopts jointly, unless probate court finds sufficient reason for spouse not to adopt)). A couple who does not have a marriage or civil union can both become legal parents of a child through a process, called “second parent adoption,” whereby one adopts (or gives birth to the child), and then the second parent adopts (Conn. Gen. Stat. sec. 45a-724(a)(3)).

What is the advantage of doing a second parent adoption or joint adoption?

Both joint adoptions and second parent adoptions ensure your child has two legal parents, which often provides greater comfort and security to everyone involved. Depending on your particular family situation, the law may not recognize both partners as legal parents without an adoption. In these cases, the non-legal parent needs special permission to make medical decisions for the child or attend school meetings, and is at risk of losing custody if the couple splits up.

Adoption allows a non-legal parent to become a legal parent, entitled to make decisions for the child without special authorization. It also permits the adoptive parent to automatically assume custody of the child if their partner dies. Likewise, if the adoptive parent dies, the child will have the right to inherit from them even absent a will, and may be able to collect social security survivor benefits.

Finally, if the couple separates, adoption ensures that both parents have the right to custody and visitation, and that any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

Do we need to do a second-parent adoption if we are married or in a civil union?

A second parent adoption is the best way to ensure the ongoing parental rights of both parents. While Connecticut law presumes that a child born into a marriage or a civil union is the child of both spouses (see Barse v. Pasternak, 2015 Conn. Super. LEXIS 142 (2015) (legal presumption that child born into wedlock is the legitimate child of the mother and mother’s spouse extends to same-sex couples, even if the spouse did not conceive or adopt the child or comply with artificial insemination statutes)), another state may not respect that presumption if you or your partner moves. By contrast, adoption is a court judgment creating a parent-child relationship and is very likely to be respected by other states, even if these states are otherwise hostile to same-sex couples parenting.

Miller-Jenkins Sidebar

Relying on a partner’s good will, or even on the fact that a child was born into a marriage or civil union, is not the best way to ensure the ongoing rights of both parents if a couple later separates. A case in point is Miller-Jenkins v. Miller-Jenkins. This case has been in litigation since 2004, has involved two state Supreme Courts (Vermont and Virginia), and has already made several trips to the U.S. Supreme Court. Proceedings are ongoing.

In that case, Janet and Lisa had a child, Isabella, while they were in a civil union. Janet did not adopt. After the couple separated, Lisa moved to Virginia and used both the lack of an adoption, and Virginia’s laws hostile to same-sex relationships to thwart Janet’s contact with their daughter. Finally, however, the Virginia courts agreed that the Vermont courts had the authority to make custody and visitation decisions.

After many attempts to get Lisa to allow Janet visitation rights, in November, 2009, the Vermont Family Court issued an order granting Janet responsibility for the day-to-day care of Isabella while granting Lisa liberal visitation rights. The transfer of custody was to have taken place on January 1, 2010. However, Lisa failed to appear at the appointed time, and an arrest warrant was issued. Lisa and Isabella still have not been found.

GLAD and local counsel represented Janet in the Vermont proceedings. For more information about the case, go to https://www.gladlaw.org/work/cases/miller-jenkins-v-miller-jenkins

If I am a parent who has signed an Acknowledgement of Parentage, do I also need to do a second-parent adoption?

No. A parent who has signed an Acknowledgement of Parentage should not need to do a co-parent adoption to establish parentage. An Acknowledgement of Parentage establishes legal parentage under state law, is the equivalent of a judgment of parentage under state law and gives you all the rights and duties of a parent. Under federal law, an Acknowledgement of Parentage is the equivalent of a judicial decree of parentage and should be recognized in all states.

Since expanded access to acknowledgments of parentage is an emerging development, some parents might feel more comfortable also completing a second parent adoption in addition to or instead of an Acknowledgment of Parentage. To understand what is best for your family, individualized legal advice is recommended.

If same-sex parents raise a child together, but only one is the “legal” parent, then what rights does the non-legal parent have vis-à-vis the child?

As a general matter, the rights of a non-legal parent are limited. If a couple is unmarried, the law permits a non-legal parent to petition the Superior Court for visitation (but not custody) (Conn. Gen. Stat. sec. 46b-59). The court will grant visitation if it finds that: (1) a parent-like relationship exists between the non-legal parent, and (2) denying visitation would cause real and significant harm (Conn. Gen. Stat. sec. 46b-59(b)). Several Connecticut courts have allowed lesbian co-parents the right to visit with their children following a separation (see 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)). A visitation award does not come with any child support obligations, but if support is offered, a legal parent may accept it.

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. 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 LGBT Families at Protecting Families: Standards for LGBT Families.

Short of second parent adoption, how can a family protect the interests of the child vis-à-vis their non-legal parent?

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

Co-parenting Agreement: A co-parenting agreement is 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 always be given full effect by courts, which are bound to make custody and visitation decisions based on the child’s best interests, they are important indicators of what the couple believed was in the best interests of the child and may influence a court’s ultimate decision.

Wills: A legal parent may nominate a guardian to take custody of the child upon the parent’s death. These wishes are given strong preference by courts. However, if the child has another legal parent living, then that person will have priority over the nominated guardian.

Power of Attorney: A legal parent may choose to grant the non-legal parent power of attorney over the child, which allows the non-legal parent to make medical or financial decisions. Power of attorney documents should be updated regularly.