BILL ANALYSIS �
SB 323
Page 1
Date of Hearing: August 13, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 323 (Lara) - As Amended: April 16, 2013
SUBJECT : TAXES: EXEMPTIONS: PROHIBITED DISCRIMINATION
KEY ISSUE : CONSISTENT WITH ITS LONGSTANDING COMMITMENT TO STAMP
OUT DISCRIMINATION, SHOULD THE LEGISLATURE REVOKE THE TAX EXEMPT
STATUS AFFORDED TO YOUTH ORGANIZATIONS INCLUDING THE BOY SCOUTS
OF AMERICA WHO CONTINUE TO ADHERE TO DISCRIMINATORY MEMBERSHIP
POLICIES, SINCE SUCH DISCRIMINATION IS COMPLETELY CONTRARY TO
CALIFORNIA'S VIGOROUS AND LONGSTANDING PUBLIC POLICY OF ENDING
DISCRIMINATION?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This bill seeks to stop allowing organizations that discriminate
on the basis of gender identity, sexual orientation, and
religious affiliation from being considered a nonprofit
organization entitled to tax-exempt status. Organizations that
so discriminate would be considered retailers, not consumers,
for purposes of the Sales and Use Tax Law, obligating them to
obtain seller's permits, and collect and remit the sales and use
tax on sales on currently exempt items of tangible personal
property. Although California has articulated a
non-discrimination policy for state-supported programs and
activities, some youth organizations, including the Boy Scouts
of America (BSA), still exclude potential participants on the
basis of sexual orientation and religious belief. According to
the author, rather than being penalized, these youth groups
continue to be rewarded with tax breaks in the form of
exemptions from taxes on their income and on items they sell.
The BSA's recent decision to end its ban on gay scouts-not
effective until 2014-merely emphasizes the arbitrary and
illogical nature of the organization's continued policy of
discrimination against gay adults. An openly gay 17 year-old
Eagle Scout, for instance, could be abruptly forced to resign
his membership the day of his eighteenth birthday for no reason
other than his sexual orientation. This bill makes clear that,
in accordance with existing California law prohibiting
discrimination in state-supported programs and activities, youth
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organizations that exclude potential participants based on their
sexual orientation, gender identity, or religious affiliation
will no longer be rewarded with state support in the form of
these special tax exemptions. Organizations in support include
a broad coalition of employee and civil rights groups. Various
religious organizations are opposed to the measure. The bill
recently passed the Assembly Revenue and Taxation Committee and
technical amendments were accepted in that Committee to be
adopted in Appropriations which address technical taxation
issues.
SUMMARY : Seeks to prohibit discrimination on the basis of
sexual orientation, gender identity, or religious affiliation
among youth organizations exempt from sales and use tax or
corporate income tax by eliminating that state benefit.
Specifically, this bill :
1)Revises the Sales and Use Tax Law exemption for such
organizations, as provided.
2)Provides that a public charity youth organization that
discriminates on the basis of gender identity, race, sexual
orientation, nationality, religion, or religious affiliation
is not exempt from the taxes imposed by the Sales and Use Tax
Law.
EXISTING LAW :
1)Exempts the sales of food products, nonalcoholic beverages,
and other tangible personal property made or produced by an
organization, as defined, but only if sold on an irregular or
intermittent basis and the organization's profits from the
sales are used exclusively in furtherance of the purposes of
the organization. (Revenue and Taxation Code section 6361.)
2)Exempts the income of various types of organizations from
taxes imposed by the Corporation Tax Law. (Revenue and
Taxation Code section 23701.)
3)Provides, under the Unruh Civil Rights Act, that "[a]ll
persons within the state are free and equal and, no matter
what their sex, race, color, religion, ancestry, national
origin, disability or medical condition are entitled to the
full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments of
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every kind whatsoever." (Civil Code section 51.)
4)Construes the protection of the Unruh Act broadly, holding
that its protections also cover gay men and lesbians, families
with children, persons under 18, and individuals who associate
with members of a protected class. (See, Rolon v. Kulwitzky
(1984) 153 Cal.App.3d 289; Hubert v. Williams (1982) 133
Cal.App.3d Supp. 1; Marina Point, Ltd. v. Wolfson (1982) 30
Cal. 3d 721; O'Connor v. Village Green Owners Assn. (1983) 33
Cal.3d 790; Winchell v. English (1976) 62 Cal. App. 3d 125.)
5)Provides, under the First Amendment and the California State
Constitution, a right to expressive association. (U.S. Const.
Amend. 1 and Cal. Const. Art. I. Sect. 3.)
6)Provides that requiring the Boy Scouts to admit openly gay
people violates the group's First Amendment right of
expressive association ( Boy Scouts of America v. Dale (2000)
530 U.S. 640) and provides that the Boy Scouts are not a
"business establishment" under the Unruh Civil Rights Act with
respect to their membership policies and decisions. ( Curran
v. Mount Diablo Council of Boy Scouts of America (1998) 17
Cal.4th 670.)
7)Provides that a state does not violate the Boy Scouts' First
Amendment rights by terminating its participation in a state
workplace charitable campaign due to its discriminatory
membership policy. ( Boy Scouts of America v. Wyman (2003) 335
F.3d 80.) The United States Supreme Court declined to review
the case.
8)Provides that governmental entities in California may withhold
support from non-profit organizations that practice
discrimination on the basis of sexual orientation and
religion. ( Evans v. City of Berkeley (2006) 38 Cal.4th 1; cf.
Christian Legal Society v. Martinez (2010) 130 S. Ct. 2971.)
COMMENTS : This bill amends the Sales and Use Tax Law to
preclude organizations that discriminate on the basis of gender
identity, sexual orientation, and religious affiliation from
being considered a nonprofit organization. Organizations that
so discriminate would be considered retailers, not consumers,
for purposes of the Sales and Use Tax Law, obligating them to
obtain sellers' permits, and collect and remit the sales and use
tax on their sales of currently exempt items of tangible
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personal property. The measure also provides that any nonprofit
private educational institution that sponsors a currently exempt
youth group also may not discriminate on the basis of gender
identity, sexual orientation, or religious affiliation for its
sponsored group to retain exempt status. This bill thus
presents a clear social policy question: should the tax exempt
status long afforded to the BSA be revoked by the state because
of its longstanding policy to deny membership to openly gay
individuals because such policy is directly contrary to
California's public policy of ending such discrimination?
According to the author:
Youth organizations are vital to bringing our communities
together and making our communities stronger. In recognition
of the great work they do, California provides youth groups
like the Girl Scouts, 4H, and YMCA with special state
subsidies in the form of tax exemptions?State-supported
programs and activities, under current law, are prohibited
from excluding potential participants on the basis of sexual
orientation, gender identity, or religious affiliation, among
other characteristics?Many youth organizations that receive
special state supported tax exemptions follow California's
non-discrimination laws and are truly inclusive in their
membership. Unfortunately, however, there are youth
organizations that are side-stepping California's
non-discrimination laws by receiving state subsidies in the
form of special state tax exemptions while blatantly
discriminating and excluding membership on the bases of sexual
orientation, gender identify, and religious affiliation. One
such youth organization is the Boy Scouts of America
(BSA)?Earlier this year BSA voted to allow gay youth as
members, however, maintained a discriminatory policy of
excluding LGBT adults. As a result, BSA's policies fall short
of being truly inclusive and are in violation of California's
non-discrimination laws?Youth organizations like the BSA that
maintain discriminatory policies are out of step with
California's non-discrimination laws and, therefore, should
not receive special tax benefits that are subsidized by all
Californians, including LGBT taxpayers?SB 323 brings our tax
laws into line with our values by ensuring that
state-subsidized youth organizations are inclusive in their
membership.
Tax-exempt Organizations. Tax law has appropriately treated
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organizations that serve charitable purposes differently from
profit-oriented businesses, at least since 1894. The Federal
Tariff Act of 1894 levied a corporate income tax but excluded
"corporations, companies, or associations organized and
conducted solely for charitable, religious, or educational
purposes, including fraternal beneficiary associations." The
distinction was drawn on the rationale that these entities
filled a gap in social welfare programs not provided by the
government, and the taxation of such entities would unduly
divert needed resources for beneficial social activities.
Internal Revenue Code Section 501(c) lists organizations that
are currently exempt from the federal income tax. Most
charities, churches, and other tax-exempt organizations operate
under 501(c)(3). As such, the IRS requires the organization to:
(1) be organized and operated exclusively for purposes set forth
in the code, (2) refrain from political action or substantial
attempts to influence legislation, (3) operate so that its
earnings do not inure to the benefit of private individuals or
shareholders, and (4) not act illegally or in a way contrary to
public policy.
In California, nonprofit corporations are not necessarily
tax-exempt regardless of their federal status. Under our state
law, all nonprofits must specifically apply to the Franchise Tax
Board (FTB) for tax-exempt status, or provide FTB with a copy of
the IRS' determination that the organization is tax-exempt under
the Internal Revenue Code. FTB then notifies the organization of
its determination, or its acknowledgement of the IRS
determination, either of which presently entitles the
organization to an exemption from both the state income tax and
the corporation tax. Nonprofits that do not obtain approval
from FTB for their tax-exempt application are subject to tax
regardless of their use of funds.
Sales and Use Tax Law. The Sales and Use Tax Law deems
non-profit organizations that intermittently or irregularly sell
food, nonalcoholic beverages, and other property made by the
organization's members as consumers, not retailers. The
organization must use the proceeds from the sale to further its
objectives, and also: (1) qualify under IRC 501(c) as
tax-exempt, (2) have as its primary purpose a supervised program
of competitive sports for youth or promote good citizenship
among youth, (3) not discriminate on the basis of race, sex,
nationality or religion, (4) be any youth group sponsored by or
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affiliated with a qualified educational institution, subject to
the requirement that the affiliated institution does not
discriminate on the basis of race, sex, nationality or religion,
or (5) be one of a list of enumerated groups, currently
including, among others: Little League, Boy Scouts, Girl Scouts,
Young Men's Christian Association, Young Women's Christian
Association, Future Farmers of America, 4-H Clubs, Boys' Clubs,
Girls' Clubs, American Youth Soccer Organization, and Pop Warner
Football. Thus, under current state law these organizations
need not hold seller's permits or collect and remit the sales or
use tax when reselling tangible personal property under the
exemption. Instead, the tax is deemed paid when the
organization initially buys the items it subsequently plans to
sell on resale.
Boy Scouts of America. The Boy Scouts of America operates under
a statutory charter enacted by Congress in 1916 and is one of
the largest youth organizations in the United States, with 2.7
million youth members and over 1 million adult volunteers.
According to its mission statement, the BSA exists "to prepare
young people to make ethical and moral choices over their
lifetimes by instilling in them the values of the Scout Oath and
Law." In relevant part, the Scout Oath states "On my honor I
will do my best to keep myself morally straight." Additionally,
Scout Law provides that a Scout is, among other things, "clean"
and a Scout "goes around with those who believe in living by
these same ideals." Scout Law also provides that a Scout "treat
others as he wants to be treated."
The governing body of the scouting program, the BSA National
Council, sets policy, including standards for membership. BSA
National Council controls total revenues of over $500 million,
derived mostly from private donations, membership dues,
corporate sponsorship, and revenues from events, and is
considered a tax-exempt organization under Section 501(c)(3).
However, this tax-exempt status extends only to BSA local
councils and their trust funds, and not to smaller units.
Organizational Structure of BSA : The BSA is organized in four
regions: central, northeast, southern, and western. BSA groups
approximately 300 local councils to form 26 geographical areas
within the four regions. BSA National Council must issue an
annual charter to the local council, which are generally
organized as charitable organizations and oversee smaller
scouting units in their areas. Local councils are funded
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through private donations, special events, popcorn sales, and
summer camp activity fees. Councils also determine the
boundaries for districts, which are directly responsible for the
smallest scouting units, including packs, troops, teams, crews,
and ships. Organizations awarded a charter from BSA National
Council to use the scouting program, known as "chartered
organizations," approve the leadership of the troop, provide a
meeting place, admit members, and operate the unit within the
guidelines and policies of both the chartered organization and
the BSA. "Chartered organizations" are generally religious or
civic organizations such as churches, schools, service clubs, or
other youth groups, and their tax-exempt status may apply to the
scout unit. Member dues, chartered organization contributions,
and unit-level fundraising are the primary sources of income for
the smallest scout units.
BSA Membership Policy : The BSA membership policy is set by the
BSA National Council. BSA Position Statements in 1978 and 1991
state that the BSA believes that homosexuality is inconsistent
with requirements in the Scout Oath and in the Scout Law,
important tenets for the BSA. BSA won a United States Supreme
Court case in which the Court upheld BSA's denial of readmission
for an openly gay scoutmaster, stating that the organization's
First Amendment right of expressive association trumped New
Jersey antidiscrimination law. ( Boy Scouts of America et al. v.
Dale , 530 U.S. 640 (2000).)
The Rehnquist Supreme Court Decision . In Boy Scouts of America
v. Dale , supra., the U.S. Supreme Court, in an opinion by Chief
Justice William Rehnquist, ruled on whether requiring the Boy
Scouts to approve James Dale, a gay man, as an assistant
scoutmaster would significantly affect the Boy Scouts' ability
to advocate its viewpoints. In this case, the nation's highest
court held that requiring the Boy Scouts to admit openly gay
people violates the group's First Amendment right of expressive
association. In its ruling, the Court noted the following
position statement promulgated by the Boy Scouts in 1991: "We
believe that homosexual conduct is inconsistent with the
requirement in the Scout Oath that a Scout be morally straight
and in the Scout Law that a Scout be clean in word and deed, and
that homosexuals do not provide a desirable role model for
Scouts." ( Dale at 652.) The Court also noted a 1993 position
statement which read "The Boy Scouts of America has always
reflected the expectations that Scouting families have had for
the organization. We do not believe that homosexuals provide a
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role model consistent with these expectations. Accordingly, we
do not allow for the registration of avowed homosexuals as
members or as leaders of the BSA." ( Id. ) The Court held that
the First Amendment association rights of the Boy Scouts of
America permitted this express discriminatory policy.
Of course the issue raised by the bill is not whether the Boy
Scouts of America may legally discriminate against gay and
lesbian individuals. The issue is whether the state of
California should continue to grant tax reductions to an
organization which continues to discriminate in direct violation
of California's many anti-discrimination laws.
BSA's Repeated Reaffirmations of Its Discriminatory Membership
Policy. On February 6, 2002, the National Executive Board of
the BSA "reaffirmed its traditional leadership standards" in
rejecting proposals by individual Scout Councils seeking
flexibility to determine their own membership and leadership. A
press release announcing the Board's reaffirmation which
rejected gays and atheists as members and leaders of the Boy
Scouts stated:
The board received three resolutions suggesting
changes in leadership standards in order to permit
avowed homosexuals to serve as Boy Scout leaders. The
board referred the resolutions to the appropriate
committee, which formed a diverse task force composed
of chartered organization representatives to consider
the resolutions. The BSA reaffirmed its view that an
avowed homosexual cannot serve as a role model for the
traditional moral values espoused in the Scout Oath
and Law and that these values cannot be subject to
local option choices. In affirming its existing
standards of leadership, the board also agreed that
duty to God is not a mere ideal for those choosing to
associate with the Boy Scouts of America; it is an
obligation, which has defined good character
throughout the BSA's [then] 92-year history.
In 2004, the BSA once again reaffirmined its discriminatory
policy, including the following as a "Youth Leadership" policy:
"[We] believe that homosexual conduct is inconsistent with
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the obligations in the Scout Oath and Scout Law to be
morally straight and clean in thought, word, and deed. The
conduct of youth members must be in compliance with the
Scout Oath and Law, and membership in Boy Scouts of America
is contingent upon the willingness to accept Scouting's
values and beliefs. Most boys join Scouting when they are
10 or 11 years old. As they continue in the program, all
Scouts are expected to take leadership positions. In the
unlikely event that an older boy were to hold himself out
as homosexual, he would not be able to continue in a youth
leadership position."
This express policy of discrimination has reportedly been
strictly enforced against Scouts up until this year. In 2005,
for example, a high-level employee of BSA was reportedly fired
by the National Council after the organization received a copy
of his bill from a gay resort at which he had vacationed. And In
2009, the parents of a Vermont Scout were reportedly prohibited
from volunteering for his pack when it was discovered that they
were gay.
Public Withdrawal Of Support For The Boy Scouts Demonstrates
Intolerance For Discrimination. Since the Rehnquist opinion in
Dale , many parents, religious groups, corporations, cities,
schools and non-profit entities alike have reportedly responded
by withdrawing their support, including financial support, from
the BSA. As Lambda Legal Defense and Education Fund Executive
Director Kevin M. Cathcart stated, "Parents, religious groups,
corporations, cities, and schools agree: the Boy Scouts may have
a legal right to discriminate, but that doesn't make
discrimination right."
And strikingly, one of the most famous Eagle Scouts of all,
filmmaker Steven Spielberg, stepped down from an advisory board
of the Boy Scouts years ago, stating "The last few years in
Scouting have deeply saddened me to see the Boy Scouts of
America actively and publicly participating in discrimination.
It's a real shame." ("Supreme Court Ruling Yields Unexpected
Lesson for Boy Scouts of America," Lambda Legal Defense and
Education Fund, Press Release, June 21, 2001.) Individual
troops have also this past decade made similar appeals, leading
to the expulsion of some troops, including seven different
troops in Oak Park, IL because of their refusal to comply with
the anti-gay policy. ("Boy Scout Policy Sparks Impassioned
Debate on Gays," Gannett News Service, by Fredereka Schouten,
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March 12, 2001.)
Continued Unabated Discrimination Against Gay Adults in the Boy
Scouts of America. On July 17, 2012, the BSA stated in a news
release that after an internal review, its membership policy
would continue to exclude from membership "open or avowed
homosexuals." BSA then announced this past January 28th that it
is "discussing potentially removing the national membership
policy regarding sexual orientation." Then on May 23rd of this
year, 1400 local BSA leaders -- acting as national delegates --
approved a resolution allowing openly gay boys to join, but
strictly maintaining its ban on all gay adults. Roughly 61 % of
delegates voted to support the resolution, which read, "no youth
may be denied membership in the Boy Scouts of America on the
basis of sexual orientation or preference alone." ("The Boy
Scouts Halfhearted Shift on Gay Rights," The Wall Street
Journal, May 24, 2013. Emphasis added.)
According to the BSA statement when announcing the changed
policy vis-a-vis youth only:
Today, following this review, the most comprehensive
listening exercise in Scouting's history, the
approximate 1,400 voting members of the Boy Scouts of
America's National Council approved a resolution to
remove the restriction denying membership to youth on
the basis of sexual orientation alone. The resolution
also reinforces that Scouting is a youth program, and
any sexual conduct, whether heterosexual or
homosexual, by youth of Scouting age is contrary to
the virtues of Scouting?the policy for adults remains
in place. . . .
This policy change is effective Jan. 1, 2014, allowing
the Boy Scouts of America the transition time needed
to communicate and implement this policy to its
approximately 116,000 Scouting units.
The Boy Scouts of America will not sacrifice its
mission, or the youth served by the movement, by
allowing the organization to be consumed by a single,
divisive, and unresolved societal issue. As the
National Executive Committee just completed a lengthy
review process, there are no plans for further review
on this matter.
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Despite this seeming potential "step in the right direction,"
this inconsistent and continuing discriminatory half-measure
reflects a continuing atmosphere - and actuality - of deep and
continuing discrimination within the BSA. Even in regard to gay
youth, under the new Scout "half" policy, gay scouts remain
banned in the organization until 2014 - even though there was no
apparent need not to halt the practice immediately and urgently
due to its admitted painful discriminatory affect.
More importantly, adult Eagle Scouts, scout leaders, and scout
parents all remain excluded from the new policy indefinitely -
meaning discrimination on the basis of sexual orientation
remains rampant in the Boy Scouts of America. And many
conservative elements that comprise a major component of the
Scouts, including many of the churches that sponsor local units,
are now threatening to defect from the BSA solely based on this
partial future roll-back of its longstanding express policy of
discrimination. The president of the Southern Baptist
Convention's executive committee, for example, reportedly
stated, "Homosexual behavior is incompatible with the principles
enshrined in the Scout oath and Scout law." Interestingly, the
conservative Assemblies of God, in opposition to the resolution
made the prescient argument that "the change would make the BSA
vulnerable to lawsuits seeking to end the ban on gay adults."
("Boy Scouts Approve Plan to Accept Openly Gay Boys," San Jose
Mercury News, May 23, 2013.)
Sadly, in an op-ed published on the eve of the national
delegates' vote on gay scouts, BSA president Wayne Perry made
clear that discrimination against gay adults remained the
prevalent attitude within the organization: "it was clear from
our listening phase that changing adult standards would have
conflicted with the majority of our partners, 70% of which are
religious organizations, and would have disrupted our ability to
deliver Scouting. Conversely, some have asserted that the
proposed change for youth runs counter to the values of, and
raises concerns among, Scouting's religious chartered
organizations." ("Boy Scouts President: Let Gays In," USA
Today, May 23, 2013.)
Thus the rationale behind the BSA's new "half" policy seems
undeniably contradictory and offensive. For example, under the
new future "half" policy," a 17-year old scout stunningly would
be forced to resign on his 18th birthday simply because of his
sexual orientation. This pernicious attempted distinction by
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the Boy Scouts of America between gay boys and gay adults
ironically may actually only continue to reinforce stigmas
against gay individuals. In addition, the new policy subjects
the BSA to renewed constitutional challenges because the dual
nature of the policy renders suspect as the basis for exclusion
the BSA's expressed viewpoint that homosexuality is inconsistent
with the values embodied in the Scout Oath and Law.
This continued and contradictory discrimination has exposed the
BSA to disapprobation from various sources. Prior to the BSA
vote in May, an Ohio branch of United Way, a national volunteer
and charity network, moved to pull $100,000 in funding from a
local BSA outreach program because the ban violates their equal
opportunity and diversity policies. ("United Way of Greater
Cleveland Moves to Pull Funding in 2013 for Boy Scouts Over
Group's Prohibition of Gay Members," Cleveland Plain Dealer,
September 25, 2012.) Subsequently, Caterpillar, Inc., the
world's leading manufacturer of construction equipment, has
withdrawn its financial support from BSA, saying, "[the
organization's] ban of gay adult leaders does not align with
Caterpillar's enterprise policies on discrimination against
sexual minorities." ("Caterpillar Stops Funding Boy Scouts Over
Gay Ban," Chicago Tribune, June 13, 2013.)
Thus though the Boy Scouts of America has attempted to have it
both ways (continuing to seriously discriminate against some on
the basis of their sexual orientation (adults and young people
who turn 18) while potentially ending their express policy of
discrimination against others (scouts under the age of 18), this
effort - and the comments of its leaders like current BSA
president Wayne Perry - patently expose the organization's
continuing commitment to discrimination contrary to so many
expressed policies of the State of California.
Unfortunately, sexual orientation is not the only lamentable
basis for discrimination within the BSA. The organization
continues to practice religious discrimination by excluding
atheists and agnostics from participation on the ground that "no
member can grow into the best kind of citizen without
recognizing an obligation to God." ("Duty to God,"
BSALegal.org, May 9, 2008.) This discrimination against
atheists and agnostics further illustrates the atmosphere of
intolerance embodied by the BSA's official membership policies.
This legislation therefore seeks to revoke the tax exempt status
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afforded to youth organizations by the state such as the BSA if
their policies deny membership to any (be it youth or adult
members) openly gay individuals, since such policies are
completely and painfully contrary to California's longstanding
and vigorous public policy of ending discrimination against
lesbian, gay, bisexual and transgender persons.
PRIOR RELTED LEGISLATION: ACR 119 (Garrick and Hagman) of 2010
sought to congratulate and commend the Boy Scouts of America on
their 100th anniversary and centennial celebration without
encouraging the organization to halt its discriminatory policies
that regrettably harm individuals seeking to be scouts and
excluded from this opportunity solely due to their personal
characteristics, died in Committee.
ACR 128 (Feuer et al.) of 2010, like ACR 119 above recognized
the valuable role that the Boy Scouts of America has played for
millions of Americans and commemorated them on their 102nd
Anniversary. Unlike ACR 119, however, this resolution,
consistent with the Committee's unwavering commitment to
nondiscrimination, additionally urges the BSA to accept for
membership and leadership positions all qualified boys and men
without discrimination on the basis of sexual orientation or
religious belief, passed this Committee and was held on the
Assembly Floor.
ACR 155 (Cogdill) of 2006 sought to recognize the efforts of Boy
Scouts who earn the rank of Eagle Scout without encouraging the
organization to halt its discriminatory policies that
regrettably harm individuals seeking to be scouts and excluded
from this opportunity solely due to their personal
characteristics, died in Committee.
ACR 38 (Cogdill) of 2005 sought to recognize the efforts of Boy
Scouts who earn the rank of Eagle Scout without encouraging the
organization to halt its discriminatory policies that
regrettably harm individuals seeking to be scouts and excluded
from this opportunity solely due to their personal
characteristics, died in Committee.
ACR 69 (Goldberg) of 2005 (Ch. 82, Stats of 2005) similarly
recognized the achievements of the Boy Scouts but additionally
encouraged the BSA to accept for membership and leadership
positions all qualified boys and men without discriminating on
the basis of sexual orientation or religious belief.
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ACR 170 (Robert Pacheco) of 2004, which would have recognized
various youth organizations including the Boy Scouts of America,
died in this Committee.
ACR 59 (Robert Pacheco) of 2004, which would have recognized the
outstanding efforts of the Boy Scouts who, through persistence
and hard work, earn the rank of Eagle Scout, promote the
brotherhood of scouting across international boundaries as a
model of leadership, character, and honor, failed passage in
this Committee.
ACR 89 (Goldberg) of 2003, Resolution Chapter 118, Statutes of
2003, recognized the achievements of the Boy Scouts and
acknowledged the important contributions individual Boy Scouts
make in their communities. The resolution also encouraged the
BSA to accept for membership and leadership positions, including
the rank of Eagle Scout, all qualified boys and men without
discriminating on the basis of sexual orientation or religious
belief.
ACR 90 (Robert Pacheco) of 2001, which would have made various
findings in congratulating the Boy Scouts of America on the 85th
anniversary of the granting of its federal charter by Congress,
failed passage on the Assembly Floor.
ACR 140 (Robert Pacheco) of 2001, which would have made various
findings in congratulating the Boy Scouts of America on the
anniversary of the granting of its Federal Congressional
Charter, failed passage in this Committee.
SR 15 (Knight) of 2001, which congratulated the Boy Scouts of
America on the occasion of the 85th anniversary of its
congressional charter, was adopted by the Senate.
AB 1592 (Wyman) of 2001, which would have allowed a charitable,
expressive, and social organization, such as the Boy Scouts of
America (the Boy Scouts), to discriminate in its membership
decisions by exempting such organizations from the Unruh Civil
Rights Act, died in this Committee.
AJR 72 (Thompson) of 2000, which would have urged the U.S.
Congress to affirm the charter of the Boy Scouts of America and
the President to reaffirm his support for the Boy Scouts of
America, died in this Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
Equality California (sponsor)
ACLU
AFSCME
Anti-Defamation League
California Immigrant Policy Center
California National Organization for Women
California Tax Reform Association
City of West Hollywood
Courage Campaign
Gay and Lesbian Community Services Center of Orange County
Gay-Straight Alliance Network
HONOR PAC
Humboldt County Board of Supervisors
Los Angeles Gay and Lesbian Center
SEIU California
Opposition
Cavalry Assembly of God
Capitol Resource Institute
First Christian Church
Lighthouse Baptist Church
Pacific Justice Institute
Traditional Values Coalition
Analysis Prepared by : Drew Liebert and Alexander Nowinski /
JUD. / (916) 319-2334