BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AJR 45| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AJR 45 Author: Chiu (D), et al. Amended: 6/23/16 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE: 5-1, 8/9/16 AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski NOES: Moorlach NO VOTE RECORDED: Anderson ASSEMBLY FLOOR: 52-11, 6/23/16 - See last page for vote SUBJECT: Civil rights: the Equality Act SOURCE: Equality California DIGEST: This resolution calls upon Congress to pass the Equality Act of 2015, which amends the Civil Rights Act of 1964 to include protections on the basis of sexual orientation, gender identity, and sex in the areas of employment, housing, public accommodations, public education, federal funding, credit, and the jury system. ANALYSIS: Existing federal law: 1)Provides, under the Fourteenth Amendment to the U.S. AJR 45 Page 2 Constitution, that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (U.S. Const., 14th Amend., Sec. 1.) 2)Enforces, under the federal Civil Rights Act of 1964, the constitutional right to vote, confers jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, authorizes the U.S. Attorney General to institute suits to protect constitutional rights in public facilities and public education, extends the Commission on Civil Rights, prevents discrimination in federally assisted programs, and establishes a Commission on Equal Employment Opportunity, among other things. (Pub. Law 88-352, 78 Stat. 241.) For example: Title I of the Act pertains to voting rights (barring unequal application of voter registration requirements); Title II to injunctive relief against discrimination in places of public accommodation (prohibiting discrimination based on race, color, religion, or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempting "private" clubs); Title III to desegregation of public facilities (prohibiting state and municipal governments from denying access to public facilities on grounds of race, color, religion, or national origin); Title IV to desegregation of public education (authorizing the U.S. Attorney General to file suits to desegregate public schools); Title VI to nondiscrimination in federally assisted programs (preventing discrimination on the basis of race, color, or national origin by government agencies that receive federal funding, subject to loss of that federal funding); and AJR 45 Page 3 Title VII to equal employment opportunity (generally prohibiting discrimination by covered employers on the basis of race, color, religion, sex, or national origin). This resolution: 1)Declares, among other things that: While the Fourteenth Amendment of the U.S. Constitution guarantees all citizens equal protection under the law and the Civil Rights Act of 1964 outlaws discrimination based on race, color, religion, sex, or national origin, no federal law enumerates discrimination protections for LGBT Americans. While the U.S. Supreme Court's ruling in Obergefell v. Hodges (2015) brought marriage equality to all 50 states, LGBT Americans still face discrimination in their daily lives and remain at risk of being fired or denied services on the basis of who they are or who they love because the majority of states still lack explicit, comprehensive nondiscrimination protections; The Equality Act of 2015 amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination, effectively protecting LGBT Americans in the areas of employment, housing, public accommodations, public education, access to federal funding, access to credit, and the opportunity to serve on a jury. The Equality Act's comprehensive approach to updating the Civil Rights Act of 1964 would include protections for many Americans beyond the LGBT community; Despite the 1964 Civil Rights Act's prohibition against gender discrimination in certain areas, such as employment and housing, women still face discrimination in public facilities and in receiving federal financial assistance. The Equality Act would ensure that women have equal access to public accommodations and funds, and that federal funding could not be spent in a way that encourages discrimination based on sex; AJR 45 Page 4 While many public accommodations are considered protected places under current law, people of color still face discrimination in places that include stores, banks, transportation services, and health care services. The Equality Act updates the federal definition of public accommodations to ensure all individuals are able to fully access and utilize social and public places regardless of who they are; and In a growing number of states, Religious Freedom Restoration Acts and similar laws are being invoked in an attempt to justify discrimination against the LGBT community. The Equality Act retains exemptions that religious organizations and schools already enjoy, but would ensure that religion could not be used as a justification for refusing service on the basis of race, color, religion, sex, national origin, sexual orientation, or gender identity. 1)Sets forth that the Legislature calls upon the U.S. Congress to pass the Equality Act of 2015, which would amend the Civil Rights Act of 1964 to include protections on the basis of sexual orientation, gender identity, and sex in the areas of employment, housing, public accommodations, public education, federal funding, credit, and the jury system. Background The Civil Rights Act of 1964, a landmark piece of federal civil rights legislation, outlawed major forms of discrimination on the basis of race, color, religion, sex, or national origin. The Civil Rights Act sought to put an end to the unequal application of voter registration requirements, racial segregation in schools, and discrimination at the workplace or by facilities that served the public (i.e., in public accommodations). Other civil rights movements have resulted in federal legislation which offer protections against discrimination as well, including the Age Discrimination in Employment Act, the Equal Credit Opportunity Act, and the Fair Housing Act, among others. These federal laws represent the minimum level of protection that state governments must provide AJR 45 Page 5 for individuals within that state. Introduced in the U.S. House of Representatives as H.R. 3185 and in the U.S. Senate as S. 1858, the Equality Act of 2015 would enact express anti-discrimination protections for lesbian, gay, bisexual and transgender (LGBT) individuals across key areas of life, including employment, housing, credit, education, public spaces and services, federally funded programs, and jury service. More specifically, the Equality Act proposes to include sexual orientation and gender identity among those characteristics that are protected under existing federal civil rights laws - including the Civil Rights Act of 1964, the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services Act, and several laws regarding employment with the federal government. The Act also seeks to amend the Civil Rights Act of 1964 to prohibit discrimination in public spaces and services and federally funded programs on the basis of sex, as well, in specific titles of the Act where that trait is currently not included among the protected characteristics. Additionally, the Equality Act would update the public spaces and services covered in current law to include any establishment that provides a good, service, or program (such as retail stores, shopping centers, banks, and health care, accounting, or legal service establishments), as well as places or establishments that provide transportation services (such as any train, bus, car, or taxi service, or any station, or depot). Notably, the Equality Act also clearly states that the federal Religious Freedom Restoration Act of 1993 shall not provide a claim concerning, or a defense to a claim under, the Civil Rights Act, or provide a basis for challenging the application or enforcement of the Civil Rights Act. This reolutuion seeks to call upon Congress to pass the Equality Act of 2015. Comment As stated by the author: AJR 45 Page 6 California has a long and proud history of continually supporting its lesbian, gay, bisexual, and transgender (LGBT) communities. The state has well codified prohibitions on discrimination against individuals on the basis of actual or perceived sex, sexual orientation, gender identity, and gender-related appearance and behavior. However, this is not true across the nation as the majority of states currently lack explicit and comprehensive nondiscrimination protections for LGBT Americans. Notwithstanding the United States Supreme Court's ruling in Obergefell v. Hodges (2015) which established marriage equality to all 50 states, no federal law enumerates discrimination protections for LGBT people. This lack of clear legal protections leaves many LGBT Americans to face daily discrimination and remain at risk of being fired or denied services because of who they love. In addition, disadvantaged groups including women and people of color continue to face discrimination in areas of public accommodation. Today, someone who identifies as gay could be rejected from being hired at a corporation, a lesbian teacher could be fired once her principal finds out she's planning to have a child with her partner, a transgender individual could be turned away from a hospital and a same-sex couple could face the possibility of not finding service from a bakery for their wedding cake. These stories are all too common across the nation. The Equality Act provides essential updates to the Civil Rights Act of 1964 to include protections based on sexual orientation, gender identity, and sex in the areas of employment, housing, public accommodations, public education, federal funding, credit, and the jury system. These updates also address discrimination still facing women and people of color. By adding "sex" and updating the federal definition of public accommodations of the list of protections under the 1964 Civil Rights Act, women would have equal access to public places and people of color would be protected in stores, salons, or when hailing a cab. Consistent with California's legacy as a leader in LGBT civil rights, this Assembly Joint Resolution calls upon Congress to pass The Equality Act. AJR 45 Page 7 FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified8/9/16) Equality California (source) AIDS Project Los Angeles American Civil Liberties Union Anti-Defamation League Asian Americans Advancing Justice, California API Equality - LA Asian & Pacific Islander Wellness Center Bakersfield LGBTQ Bienestar Human Services California National Organization for Women California Voices for Progress California Young Democrats Courage Campaign Lambda Legal Los Angeles LGBT Center Los Angeles Unified School District, District 5 Board Member LGBTQ Center of Long Beach Mexican American Legal Defense and Educational Fund Our Family Coalition Planned Parenthood Affiliates of California Sacramento LGBT Center Transgender Law Center The Trevor Project The Wall Las Memorias Project OPPOSITION: (Verified8/9/16) None received ARGUMENTS IN SUPPORT: The sponsor of this bill, Equality California, writes: AJR 45 Page 8 The majority of states currently lack explicit and comprehensive nondiscrimination protections for lesbian, gay, bisexual, and transgender (LGBT) Americans. Because no federal law enumerates discrimination protections for LGBT people, many LGBT Americans still face daily discrimination and remain at risk of being fired or denied services because of who they are. To make matters worse, a growing number of states are invoking Religious Freedom Restoration Acts or similar legislation to justify discrimination against the LGBT community. In addition, disadvantaged groups including women and people of color continue to face discrimination in areas of public accommodation. [ . . . ] The Equality Act would maintain exemptions that religious organizations and schools currently enjoy, but would make clear that religion cannot be used to justify refusal of service based on a person's race, color, religion, sex, national origin, sexual orientation, or gender identity. This resolution calls upon Congress to pass The Equality Act, exemplifying California's dedication to strong nondiscrimination protections for the LGBT community, and urging Congress to take action in support of equality." ASSEMBLY FLOOR: 52-11, 6/23/16 AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Brough, Chávez, Dahle, Beth Gaines, Gallagher, Grove, AJR 45 Page 9 Harper, Lackey, Mathis, Obernolte, Wagner NO VOTE RECORDED: Achadjian, Travis Allen, Baker, Bigelow, Gray, Hadley, Jones, Kim, Linder, Mayes, Melendez, O'Donnell, Olsen, Patterson, Steinorth, Waldron, Wilk Prepared by:Ronak Daylami / JUD. / (916) 651-4113 8/10/16 15:58:40 **** END ****