BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1441|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1441
Author: Kuehl (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 4/25/06
AYES: Dunn, Escutia, Kuehl
NOES: Ackerman
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Discrimination: state programs and activities
SOURCE : Equality California
DIGEST : This bill adds sexual orientation" to the
characteristics on which discrimination may not be based,
in any program or activity that is conducted, operated, or
administered by the state or any state agency or by any
agency funded directly by the state or that receives any
financial assistance from the state. This bill also
incorporates the definition of "sex" and "sexual
orientation," contained in the Fair Employment and Housing
Act, into this provision relating to state and state-funded
programs or activities, and clarifies that the perception
of any of the characteristics listed in the
anti-discrimination statute is also covered.
ANALYSIS : Existing law, the Fair Employment and Housing
CONTINUED
SB 1441
Page
2
Act (FEHA) prohibits discrimination in housing and
employment on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, or
sexual orientation. FEHA defines "sex" and "sexual
orientation," as well as other terms used throughout the
FEHA, and includes the perception of any of the named
characteristics as a prohibited basis for discrimination.
Existing law, the Unruh Civil Rights Act protects persons
within this state from discrimination on the basis of sex,
race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual
orientation, in public accommodations and facilities and
services in business establishments. Under this act, "sex"
and "sexual orientation" are defined by incorporating the
definitions of those terms in the FEHA.
Existing law prohibits discrimination on the basis of race,
national origin, ethnic group identification, religion,
age, sex, color, or disability in any program or activity
conducted, operated, administered, or funded by the state
or any state agency.
This bill adds, to the list of characteristics on which
discrimination may not be based in the conduct or operation
of state or state-funded programs or activities, "sexual
orientation."
This bill defines "sex" and "sexual orientation" under this
provision by referencing the definitions of those terms in
Gov. Code Sec. 12926 (FEHA).
This bill states that the bases for non-discrimination
under this provision includes the perception that a person
has any of those named characteristics or is associated
with another person who has or is perceived to have any of
those characteristics.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/9/06)
SB 1441
Page
3
Equality California (source)
American Civil Liberties Union
American Federation of State, County and Municipal
Employees
AIDS Project Los Angeles
Asian Americans for Civil Rights & Equality
Attorney General Bill Lockyer
California Association for Nonprofits
California Faculty Association
California School Employees Association
California Teachers Association
Commission on the Status of Women
Gay and Lesbian Alliance of the Central Coast
Lambda Letters Project
Mexican American Legal Defense and Educational Fund
National Association of Social Workers
National Center for Lesbian Rights
San Francisco AIDS Foundation
OPPOSITION : (Verified 5/9/06)
California Family Council
Capitol Resource Institute
ARGUMENTS IN SUPPORT : Proponents of the bill argue that
this extension of existing law would merely ensure that
state and local governments treat all citizens equally:
"We strongly support public policy that denies funds to
programs or activities that discriminate against
individuals based on these enumerated characteristics,
including sexual orientation, and think such prohibition is
past due." [Letter from the AIDS Project of Los Angeles,
March 28, 2006]
ARGUMENTS IN OPPOSITION : In opposition, the Capitol
Resource Institute states that this bill "would inevitably
result in reverse discrimination where individuals and
businesses are discriminated against because of their bona
fide religious convictions."
RJG:mel 5/10/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SB 1441
Page
4
**** END ****