BILL ANALYSIS
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Date of Hearing: June 23, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
ACR 42 (Fong) - As Amended: June 3, 2009
PROPOSED CONSENT
SUBJECT : CHINESE AMERICANS IN CALIFORNIA
KEY ISSUE : SHOULD THE LEGISLATURE EXPRESS ITS REGRET FOR THE
ENACTMENT OF PAST DISCRIMINATORY LAWS THAT RESULTED IN THE
PERSECUTION OF CHINESE LIVING IN CALIFORNIA, AND REAFFIRM ITS
COMMITMENT TO PRESERVING THE RIGHTS OF ALL PEOPLE?
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
SYNOPSIS
In this resolution the Legislature apologizes for the enactment
of past discriminatory laws and constitutional provisions which
resulted in the persecution of Chinese persons living in
California in the 19th and 20th centuries. In the mid 1800's,
tens of thousands of Chinese laborers immigrated to America to
help build the transcontinental railroad connecting California
to the rest of the country. After its completion, however,
instead of showing appreciation the California Legislature
enacted many discriminatory laws that denied basic rights to the
Chinese in this state. California politicians also played an
active role in lobbying Congress to enact the Chinese Exclusion
Act of 1882, which outlawed all Chinese immigration to the
United States and denied citizenship to those Chinese already in
the country. Despite decades of sustained discrimination, the
Chinese in California persevered and went on to make significant
contributions to the growth of this state. Thus, in addition to
apologizing for past injustices, the resolution importantly
memorializes that the Legislature reaffirms its commitment to
preserve the rights of all people and celebrate the
contributions that all immigrants have made to this state and
the nation.
SUMMARY : Apologizes for the enactment of past discriminatory
laws and constitutional provisions which resulted in the
persecution of Chinese persons living in California in the 19th
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and 20th centuries. Specifically, this resolution :
1)Describes the contributions of Chinese immigrants who, despite
being paid less than their white counterparts for the same
labor, worked under grueling conditions to build thousands of
miles of the transcontinental railroad in the mid-1900's,
thereby connecting California to the rest of the country and
furthering its progress and development.
2)Describes the contributions of Chinese in California, after
the completion of the railroad, to the development of
agricultural and fishing industries in California.
3)States that the Legislature enacted discriminatory laws
targeting Chinese persons that sought to discourage further
immigration from China and to severely limit the success of
Chinese laborers already present in this state, including laws
that denied Chinese in California the right to own land or
property, the right to vote, the right to intermarry with
whites, and the right to work in the public sector, and the
right to testify in court in any action where a white person
was a party, among other things.
4)States that the Chinese in California faced further
discrimination under local ordinances which targeted their
traditional culture and customs.
5)States California's role in convincing Congress to enact the
Chinese Exclusion Act in 1882, the first federal law ever
passed excluding a group of immigrants solely on the basis of
race or nationality, which remained in effect until its repeal
in 1943.
6)States that in 1879, California adopted Article XIX of the
state Constitution, which unfairly targeted and discriminated
against Chinese living in California and remained in effect
until its repeal in 1952.
7)Memorializes that the Legislature deeply regrets the enactment
of past discriminatory laws and constitutional provisions
which resulted in the persecution of Chinese living in
California which caused them to live in fear and unfairly
prevented them from earning a living.
8)Memorializes that the Legislature reaffirms its commitment to
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preserve the rights of all people and celebrate the
contributions that all immigrants have made to this state and
the nation.
EXISTING LAW , Section 1 of Article 1 of the California
Constitution, provides that all people are by nature free and
independent and have inalienable rights, including enjoying and
defending life and liberty, acquiring, possessing, and
protecting property, and pursuing and obtaining safety,
happiness, and privacy. Furthermore, existing state law, the
Unruh Civil Rights Act, provides that all persons within the
jurisdiction of this state are free and equal, and specifically
prohibits discrimination based on sex, race, color, religion,
ancestry, national origin, disability, medical condition,
marital status, or sexual orientation with respect to
accommodations, advantages, facilities, privileges, or services
in all business establishments of every kind. (Civil Code
Section 51.)
COMMENTS : This resolution apologizes for the enactment of past
discriminatory laws and constitutional provisions which resulted
in the persecution of Chinese persons living in California in
the 19th and 20th centuries.
Author's Statement of Support : In support of this resolution,
the author writes:
Instead of expressing gratitude and appreciation for
the contributions Chinese in California made to our
state [in the mid-1800's], legislators preyed upon
economic and xenophobic fears of Californians. They
enacted a vast number of discriminatory laws that
targeted Chinese in California and incoming Chinese
immigrants. [Citing numerous examples.]
Learning from our past and acknowledging the
travesties of justice in our history will help enable
us to travel further down the path towards building a
stronger state. This resolution seeks to recognize
this fact by paying tribute to the significant
contributions that Chinese in California made to our
state despite the pervasive and sustained
discrimination made against them by the State of
California.
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Repealed Article XIX of the California Constitution . In 1879,
California amended its Constitution to adopt Article XIX, titled
"Legislature to Protect State From Certain Aliens", which in
Section 1 read, in part:
The Legislature shall prescribe all necessary
regulations for the protection of the State . . . from
the burdens and evils arising from the presence of
aliens, who are, or may become vagrants, paupers,
mendicants, criminals, or invalids afflicted with
contagious or infectious diseases, and from aliens
otherwise dangerous or detrimental to the well-being
or peace of the State, and to impose conditions upon
which such persons may reside in the State, and to
provide the means and mode of their removal from the
State.
According to materials provided by the author, Article XIX
targeted Chinese immigrants and had the effect of denying
Chinese the right to own or acquire property, the right to own a
firearm, the right to be employed by a corporation, and the
right of employment in public work. Article XIX also declared
that "foreigners unable to become citizens" (meaning Chinese,
who Congress specifically denied citizenship with passage of the
Chinese Exclusion Act of 1882) were "dangerous or detrimental to
the well-being of the State."
Article XIX remained in effect for 73 years until it was finally
repealed in 1952.
Chinese Exclusion Act of 1882 . According to materials cited by
the author, prominent California politicians were active leaders
in the Chinese exclusion movement and lobbied Congress for years
to prohibit immigration from China. In 1882, Congress passed
the Chinese Exclusion Act, the first U.S. law to restrict
immigration and naturalization for a specific ethnic group. The
Act outlawed all Chinese immigration to the United States and
denied citizenship to those Chinese already settled in the
country. By outlawing all new immigration, the Act effectively
prevented thousands of Chinese men already living in the U.S.
from reuniting with their wives and children who they had left
behind in China when they came to this country to work.
According to historian Andrew Gyory, the Chinese Exclusion Act
"reversed not only American policy, but also American tradition,
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changing forever the nation's image of itself as a beacon of
hope, a refuge for the poor and the oppressed the world over."
In his view, the Chinese Exclusion Act not only "legitimiz[ed]
racism as national policy" but set a precedent for broader
exclusion laws and "fostered an atmosphere of hostility towards
foreigners that would endure for generations." (Andrew Gyory,
Closing the Gate: Race Politics and the Chinese Exclusion Act .
Chapel Hill: 1998, pp.1-3.)
The ban on Chinese immigration was extended indefinitely in
1902, and was not repealed until 1943 when Congress passed the
Magnuson Act. Although Chinese Americans then became eligible
for naturalization, Congress initially limited this number to
only 105 Chinese immigrants per year. (Asian Law Journal,
December 2000.)
Recognizing the Contributions of Immigrants in California Today .
The resolution notes that Californians of Chinese descent now
occupy leading roles in politics, business and academia,
including 10 Chinese Americans serving in constitutional and
statewide offices in California.
The author believes that "diversity is one of our state's
greatest assets" and that "integrating [immigrants] into our
society not only helps them prosper, but helps California
prosper as well." Thus, in addition to seeking an apology for
the enactment of past laws discriminating against Chinese, the
resolution importantly memorializes that the Legislature
"reaffirms its commitment to preserving the rights of all people
and celebrating the contributions that all immigrants have made
to this state and nation."
REGISTERED SUPPORT / OPPOSITION :
Support
Asian Americans for Civil Rights and Equality (AACRE)
Asian Americans for Community Involvement (AACI)
API Equality-Los Angeles
Asian Law Alliance
Asian Pacific Islander American Public Affairs Association
(APAPA)
Japanese American Citizens League- San Jose Chapter
Opposition
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None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334