BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1441
                                                                  Page  1

          Date of Hearing:   June 28, 2006

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                 SB 1441 (Kuehl) - As Introduced:  February 22, 2006 

          Policy Committee:                              JudiciaryVote:6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill adds sexual orientation to the list of characteristics  
          on which discrimination may not be based in the conduct of state  
          programs and state-funded programs and activities.

           FISCAL EFFECT  

          Negligible fiscal impact.

           COMMENTS  

           1)Purpose  . Various statutes, such as the Fair Employment and  
            Housing Act (FEHA) and the Unruh Civil Rights Act, prohibit  
            discrimination in employment and housing, and in the provision  
            of public accommodations and other goods and services by  
            business establishments on the basis of specified personal  
            characteristics such as sexual orientation, sex, race, color,  
            national origin, religion, and disability. In addition to the  
            FEHA and Unruh Acts, Government Code section 11135 prohibits  
            discrimination and effect by the state and recipients of state  
            funding or financial assistance on the basis of race, color,  
            national origin, ethnic group identification, religion, age,  
            sex, and disability, but not on the basis of sexual  
            orientation. SB 1441, sponsored by Equality California, thus  
            harmonizes this provision with FEHA, Unruh and other  
            anti-discrimination statutes by adding "sexual orientation" to  
            the list of protected characteristics, and likewise  
            incorporates related definitions from the FEHA.

           2)Opposition  . The Concerned Women for America of California  
            argue that the bill "is so broad that it includes faith based  
            organizations that will be forced to violate their deeply held  








                                                                  SB 1441
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            religious beliefs to comply with the state, or look elsewhere  
            for funds."  Similarly, the Capitol Resource Institute  
            believes that SB 1441 "would inevitably result in reverse  
            discrimination where individuals and businesses are  
            discriminated against because of their bona fide religious  
            convictions."

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081