In a move that underscores Connecticut’s role as a leader in civil rights, lawmakers have introduced Senate Joint Resolution 35 (SJ 35), a proposed state constitutional amendment that would explicitly enshrine protections for reproductive rights, sexual orientation, and gender identity under Connecticut’s Equal Protection Clause. If passed by the General Assembly and approved by voters in the November 2026 election, this amendment would permanently safeguard these rights—shielding them from shifting political winds and potential federal rollbacks.
A Clear and Comprehensive Equal Protection Clause
Connecticut’s constitution already provides strong equal protection guarantees, but the language of Article 21 of the Amendments remains broad, stating that no person shall be denied equal protection based on sex, race, religion, ancestry, national origin, or disability.
What SJ 35 does is clarify and strengthen these protections by explicitly defining sex discrimination to include:
• Pregnancy-related discrimination, including protections for abortion rights, contraception, and fertility treatments.
• Sexual orientation discrimination, ensuring that LGBTQ+ individuals are unequivocally covered.
• Gender identity and expression discrimination, reinforcing protections for transgender and nonbinary individuals.
• Related health care, which likely includes access to reproductive and gender-affirming care.
The goal is simple: to ensure that these protections cannot be repealed or weakened by future legislatures or courts.
Why This Amendment Matters Now
The introduction of SJ 35 comes at a time of increasing national uncertainty over fundamental rights that many once considered settled law.
• In 2022, the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, eliminating the federal constitutional right to abortion and allowing states to ban reproductive care entirely.
• Justice Clarence Thomas has suggested revisiting Obergefell v. Hodges (same-sex marriage) and Lawrence v. Texas (LGBTQ+ rights). If Obergefell is overturned, nearly 30 states could immediately move to reinstate same-sex marriage bans.
Without explicit constitutional language, even a progressive state like Connecticut is vulnerable to legal challenges and future legislative rollbacks. By embedding these rights into the state’s constitution, SJ 35 preemptively ensures that reproductive and LGBTQ+ protections remain intact regardless of future Supreme Court rulings.
A National Trend Toward State-Level Protections
Connecticut is not alone in this approach. In the wake of Dobbs, states have been scrambling to solidify their legal frameworks for reproductive rights and LGBTQ+ protections:
• Vermont, California, and Michigan have amended their constitutions to explicitly protect abortion rights.
• Nevada and New York are moving forward with Equal Rights Amendments that cover sexual orientation and gender identity.
• Meanwhile, conservative states are passing laws to restrict reproductive and LGBTQ+ rights, making proactive protections even more urgent.
As national legal precedent becomes increasingly unstable, states like Connecticut are stepping up to fill the void—ensuring that civil rights are protected at the state constitutional level.
The Impact on Connecticut’s LGBTQ+ Youth
The amendment is particularly crucial for LGBTQ+ youth, many of whom grow up in environments where their rights and identities are constantly debated or threatened. Robin McHaelen, Secretary of Connecticut’s LGBTQ+ Justice & Opportunity Network, and a nationally recognized expert on LGBTQ+ youth, highlights the significance of this amendment:
“Enshrining explicit protections for sexual orientation and gender identity in our state constitution sends a powerful message to LGBTQ+ youth—that they are valued, protected, and have the right to live authentically. This amendment not only safeguards their legal rights but also affirms their place in our community, fostering a sense of belonging and security essential for their well-being.”
McHaelen, the founder of True Colors, Inc., has worked for decades to support LGBTQ+ youth in Connecticut. Her insights reflect what many advocates and legal experts have emphasized—constitutional protections are not just legal tools; they are statements of dignity and belonging.
What Happens Next?
For SJ 35 to become law, it must pass in the Connecticut General Assembly either twice in successive sessions or once by a supermajority. If approved, the measure will then go before Connecticut voters in the November 3, 2026 election. If a majority of voters approve the amendment, these protections will become permanent fixtures of the Connecticut Constitution.
This is not just a legal matter—it’s a defining moment for Connecticut’s commitment to equality, bodily autonomy, and civil rights. With threats to reproductive and LGBTQ+ rights mounting across the country, Connecticut has the opportunity to lead once again—not just in policy, but in principle.
Will voters rise to the occasion? The decision is now in the hands of the legislature—and, ultimately, the people of Connecticut.
This article was written and contributed by the Board of the LGBTQ+ Justice & Opportunity Network.
