The Connecticut Parentage Act—which extends protections to all CT children regardless of the circumstances of their birth or their parents’ marital status, gender, or sexual orientation—now heads to the Senate.
哈特福德 — Today, in a historic vote, the Connecticut House of Representatives passed the Connecticut Parentage Act (CPA) 141-1, with overwhelming bipartisan support. If approved by the Senate, HB 6321 would overhaul existing state law to ensure that all CT children — regardless of the circumstances of their birth or the marital status, gender, or sexual orientation of their parents — have equal access to the security of a legal parent-child relationship.
“Today, the House of Representatives voted to protect the rights of all Connecticut families, regardless of how they’re formed,” said Rep. Jeff Currey (East Hartford, Manchester, South Windsor), the lead sponsor of the bill. “The CPA will ensure that LGBTQ parents and their children no longer have to face degrading obstacles and painful uncertainty because of outdated and unconstitutional parentage laws. The Senate must now act without delay and vote to approve the CPA—our families cannot wait any longer.”
The CPA would modernize Connecticut law by ensuring access to legal parentage for all children, including those with unmarried, same-gender, or non-biological parents. For example, it would extend to same-gender couples access to the Acknowledgement of Parentage process, a simple form already available to unmarried different-gender couples that allows a parent to establish a legal parent-child relationship at birth without court proceedings. The bill would also provide protections for children conceived through assisted reproduction, which 佔百分之四 of all Connecticut births.
“Today’s historic vote is a victory for children and families across Connecticut,” said 耶魯大學法學院教授道格拉斯·尼傑米 (Douglas NeJaime) 是康乃狄克州人,也是該法案的主要起草人。 “We are now on the cusp of a Connecticut that treats all families with the respect and recognition they deserve, regardless of gender, sexual orientation, or marital status. We urge the Senate to act quickly to pass this legislation and protect LGBTQ parents and their children.”
The effort to pass the 康乃狄克州親子關係法 由 我們關懷聯盟,由康乃狄克州家庭、法律倡導者和社區組織組成的聯盟,由耶魯大學法學院診所牽頭, GLBTQ 法律倡議者與捍衛者. The bill is supported by a broad range of experts and organizations, including child advocates, legal organizations, LGBTQ groups, and medical experts.
The CPA was adapted from model legislation by the Uniform Law Commission, a non-partisan body of state lawmakers, state judges, scholars, and lawyers that produces uniform laws on a wide range of state-law issues. Similar legislation has been passed in Maine, Washington, Vermont, California, and Rhode Island.
“A secure relationship to their parents is core to the wellbeing of every child, and today’s vote brings us one step closer to a recognition of legal parentage that reflects and protects the diversity of Connecticut families,” said Polly Crozier,GLAD 資深律師。 “We’re grateful to the leadership of Representative Currey, our sponsors, and every House member who voted today. We are hopeful that the Senate will act quickly to finish the job and ensure that all families are protected under Connecticut law.”
UPDATE: The CT House of Reps has voted to PASS the CPA. We are so moved by all the heartfelt remarks on the House floor today from both sides of the aisle.
This is one more step taken toward passing this crucial legislation. Now, on to the Senate! pic.twitter.com/pqrmKlFcWy
— We Care for Parentage Equality (@wecarect) April 26, 2021
If you have a story about how current gaps in the law have put your family at risk, share your story.
“Outdated, Discriminatory, Unconstitutional”A coalition of parents, community advocates, and scientific and legal experts delivered emotional testimony today in support of the Connecticut Parentage Act.
HARTFORD – In a powerful hearing before the Connecticut Judiciary Committee, families and community members called on assembly members to pass the Connecticut Parentage Act (CPA), state legislation that would ensure that all Connecticut children — regardless of the circumstances of their birth or the marital status, gender, or sexual orientation of their parents — have equal access to the security of a legal parent-child relationship. A recording of the testimony is available here.
While Connecticut historically has been a leader in LGBTQ equality, it still fails to extend parentage protections to different-sex and same-sex couples equally—leaving many parents in same-sex relationships legal strangers to their own children. The absence of a legal relationship can have a devastating impact on families, including by barring parents from making medical and educational decisions for their children, adding their children to their health insurance, or obtaining custody in the event of separation or death of a legal parent.
“When our amazing baby girl was born, my wife Denise and I were horrified to learn that Denise wouldn’t be legally recognized as her parent nationwide unless she went through the long and expensive process of adopting her own child,” said Bridgeport resident Stephanie Ocasio-Gonzalez who with her wife Denise is raising both their now-toddler daughter and a teenage son. “I lie awake at night worrying about what would happen to my family if, God forbid, something were to happen to me—Denise could lose both her wife and her children. Same-sex couples shouldn’t have to worry about death before we create new life.”
The CPA would modernize Connecticut’s parentage law by filling gaps in existing protections and ensuring access to legal parenthood for all children, including those with unmarried, same-sex, or non-biological parents. For example, the CPA would extend the Acknowledgement of Parentage process to same-sex couples, a simple form already available to unmarried different-sex couples that allows a parent to establish a legal parent-child relationship at birth without court proceedings. The bill would also remove gender-specific language from the state’s parentage laws, and it would provide protections for children born to unmarried parents through assisted reproduction—in a state where assisted reproduction accounts for about four percent of all births.
“For years, I’ve heard from residents about the nightmare of red tape and degrading obstacles that our current law presents to parents,” said Rep. Jeff Currey (East Hartford, Manchester, South Windsor), who introduced the legislation. “Our state’s law should reflect the reality of the lives of our state’s families—our children’s futures depend on it. The CPA will ensure that our state’s laws give LGBTQ parents and their children the dignity and security they deserve.”
Many impacted families and representatives, including submitted testimony at the hearing. The effort to pass the Connecticut Parentage Act is led by the We CARE Coalition, a coalition of Connecticut families, legal advocates, and community organizations and spearheaded by a Yale Law School clinic and GLBTQ Legal Advocates & Defenders.
“As it stands, Connecticut’s parentage law is outdated, discriminatory, and unconstitutional,” said Professor Douglas NeJaime of Yale Law School, a Connecticut native and a principal drafter of the bill. “The day a child is born should be the happiest time of a parent’s life—not a time of legal uncertainty and worry. The Connecticut Parentage Act will treat families that have historically been excluded based on gender, sexual orientation, and marital status with the respect and recognition they deserve.”
Read Professor NeJaime’s written testimony
“Passing the Connecticut Parentage Act will protect vulnerable children and families and send a signal that Connecticut stands for equality and dignity for all under the law,” said Polly Crozier, Senior Staff Attorney at GLBTQ Legal Advocates & Defenders and a principal drafter of the legislation. “The bill is a commonsense measure that has been enacted in many states and has the bipartisan support of legislators and state and national legal and medical experts. Connecticut’s families cannot wait any longer for equal access to parentage—we hope the Assembly will act quickly to protect LGBTQ parents and their children.”
Read Polly Crozier’s written testimony
The Connecticut Parentage Act is adapted from model legislation by the Uniform Law Commission, a non-partisan body of state lawmakers, state judges, scholars, and lawyers that produces uniform laws on a wide range of state-law issues. The 2017 Uniform Parentage Act provides a model so that states meet their constitutional obligations to provide equal paths to parentage for nonmarital children and children of LGBTQ parents. Multiple states, including Maine, Washington, Vermont, California, and Rhode Island, have adopted similar legislation. In 2020, the CPA received strong bipartisan support in the Connecticut General Assembly, but the session was cut short due to COVID-19.
The CPA is supported by a broad range of experts and organizations, including child advocates, legal organizations, LGBTQ groups, and medical experts. Supporters include: the Center for Children’s Advocacy, Connecticut Voices for Children, the Connecticut ACLU, the Connecticut Women’s Education and Legal Fund, the Connecticut Chapter of the National Association of Social Workers, the Connecticut Gay & Lesbian Chamber, the New Haven Pride Center, PFLAG Hartford, the Triangle Community Center, COLAGE, Family Equality, the Connecticut Bar Association, the Academy of Adoption & Assisted Reproduction Attorneys, Resolve New England, Fertility Within Reach, New England Fertility Society, the Center for Advanced Reproductive Services, Reproductive Medicine Associates of Connecticut, and the American Society for Reproductive Medicine.
A team of Yale Law students and faculty have worked for the past two years to coordinate legislative drafting and advocacy efforts with members of the General Assembly, judges of the family and probate courts, state agencies, state fertility clinics, child welfare groups, LGBTQ rights organizations, and the Connecticut Bar Association.
“As Connecticut residents and Connecticut voters, we are proud to support the CPA,” said Cara Newlon, a third-year law student who has worked on the bill from its inception. “For those of us anticipating careers in LGBTQ justice and gender equality, working on this bill has been an incredible opportunity to legislate our own rights—and those of past and future clients—into existence. We call on Connecticut lawmakers to build on the state’s legacy as a leader in LGBTQ rights to protect all families, regardless of how they are formed.”
GLAD 與耶魯大學法學院的 Douglas NeJaime、康乃狄克州的家庭以及其他社區組織共同組成了「我們關懷聯盟」。 「我們關懷聯盟」共同努力,為《美國公民及移民法案》(CPA)爭取支持,並促使該法案在 2021 年的議會會議上獲得通過。想要了解更多關於爭取支持的努力,並閱讀受康乃狄克州親子法影響的家庭的故事,請造訪: 造訪 We Care 網站.
For nearly 50 years, Title IX has served as a bedrock for establishing fair and equal educational opportunities. Any move the Office of Civil Rights takes to wield Title IX as a weapon against transgender high school girls erodes the significance of this landmark civil rights law.
What happened?
On May 15, the United States Department of Education’s Office for Civil Rights (OCR) sent a letter to the Connecticut Intercollegiate Athletic Association (CIAC) and to 5 Connecticut school districts saying that the CIAC’s policy, which allows transgender girls to participate on girls sports teams, violates Title IX. The letter also threatened CIAC and the schools with denial of federal funds.
What led to this letter?
Last year, an extreme, conservative, right-wing organization, Alliance Defending Freedom, initiated a complaint with OCR challenging the continued participation of two transgender high school girls in school track events.
What is the effect of the letter?
The letter has no immediate effect. To be sure, OCR’s position that CIAC’s trans-inclusive policy violates Title IX is very alarming. It is also in the same vein of civil rights rollbacks and anti-LGBTQ policies we have seen emerge from the Trump administration since January 2017 However, the letter contains no authoritative legal analysis and its issuance has no immediate legal impact on CIAC or the schools to which it was addressed, much less any other schools, districts, or other statewide athletic associations. And, while it threatens the CIAC and the schools with loss of federal funds, OCR has no authority to deny these entities of federal funds by the issuance of this letter. It’s also important to note that in its entire history, OCR has never denied any entity federal funds for either alleged or demonstrated violations of Title IX.
Why doesn’t the letter have any immediate effect?
While the U.S. Department of Education is charged with enforcing the law, it does not have the ability to change the law or ultimately decide what the law means. The power to interpret the meaning of Title IX lies with the courts. There is a pending federal lawsuit in which CIAC and the five schools to which OCR’s letter is addressed are defending current Connecticut policy which authorizes transgender girls to participate in girls’ sports. Initially, ADF sought an accelerated determination by the federal court hearing the case. However, with the cancellation of the spring sports season due to the COVID-19 pandemic, the court has taken the case off any accelerated schedule. As a practical matter, any action taken by OCR, in follow up to the letter, will not be able to move more quickly than the pending lawsuit.
What is CIAC’s response to the letter?
The CIAC and the school districts named in the letter are vigorously defending the current sports policies that ensure full inclusion of transgender students in school athletics; and have publicly stated that they will continue to do so.
What does the law say?
Both state law and prior federal court decisions are on the side of fair and inclusive policies and support the CIAC policy. Connecticut has strong and clear non-discrimination laws as well as guidance from the state department of education that says transgender students must have equal access to school opportunities. That includes the ability of transgender girls to participate in girls’ school sports. There are multiple prior federal court decisions that have said that federal sex discrimination protections (including Title IX and others such as Title VII) apply to transgender people. In addition, the Connecticut Commission on Human Rights and Opportunities, the state agency charged with enforcing the Connecticut non-discrimination laws, has intervened in the federal lawsuit and is also defending the CIAC policy.
Note on pending Supreme Court cases
The United States Supreme Court is considering a case in which an employer is seeking to reverse federal precedent that establishes protections for transgender people under federal employment law known as Title VII. The Supreme Court is expected to issue a decision in that case before the end of June. The decision is likely to affect the arguments in the pending Connecticut Title IX lawsuit.
What can we do?
Speak out in support of trans-inclusive school sports policies.
Spread the word that the OCR letter has no practical impact, and is not a basis or reason for changing any existing policies that support and protect the inclusion of transgender athletes. Nothing is imminent, nothing has changed in terms of the law, and the CIAC policy remains intact.
If you are a student or parent, let your school district representatives and any school administrators, teachers, and staff know that you support sports policies that allow transgender athletes to participate. Those who oppose transgender athletes may be vocal in some communities, skewing the perceived degree of support for their views. School leadership needs to hear the full-throated voices of those who stand behind the current trans-inclusive policies.
Contact your federal legislators and urge them to support clear federal laws that ensure transgender students are protected in all areas of school and social life, including participation in sports.
Keep an eye out for state legislation aiming to ban transgender girls from participating in sports and speak out against it. Idaho recently passed such a law. Its passage marks the first time a state adopted a law designed to exclude transgender students from athletics. Fortunately, similar bills introduced in other states have not passed. But advocacy and legislative outreach remains essential to stopping such bills.
Contact GLAD at GLADAnswers.org We need to hear when transgender students are impacted negatively in any way. If you have questions or need more information, please reach out.
Connecticut CHRO Strikes Down All Exclusions for Transgender Healthcare
Today the Connecticut Commission on Human Rights and Opportunities issued a landmark 裁決 prohibiting all employers and insurers from denying coverage for transgender people’s health care needs relating to gender transition. This ruling follows a national trend of striking down discriminatory exclusions for gender affirming medical care.
The ruling states:
Insurance policies that categorically refuse to consider certain procedures for certain people on the basis of their race, sex, or sexual orientation are facially discriminatory. So too are such exclusions for transgender people on the basis of gender identity, a condition unique to them. Consequently, when the State or a municipality contracts for health insurance plans that contain categorical exclusions for treatments related to gender dysphoria – and especially when the same treatments are covered for treatment of other conditions – it commits a discriminatory practice, as does the insurer.
“We applaud the Commission for recognizing the critical healthcare needs of transgender people and calling out the discrimination inherent in health plans that deny care,” said Ben Klein, Senior Attorney at GLBTQ Legal Advocates & Defenders. “Exclusions that categorize doctor-prescribed procedures as “elective” or “cosmetic” contradict a robust body of scientific evidence and can only be explained by stereotypes and bias towards transgender people. This ruling will ensure that critical healthcare decisions can be made as they should be, between patients and their doctors, and will allow Connecticut residents access to life-saving care.”
GLAD 提交了一份 簡短的 in conjunction with Professor Kevin Barry of Quinnipiac University School of Law on behalf of Connecticut resident Rylie Robillard, the Connecticut Women’s Education & Legal Fund, and the National Center for Transgender Equality. The brief was supported by expert testimony from Randi Ettner, PH.D, one of the nation’s preeminent experts on gender affirming medical care.