BILL ANALYSIS
SB 1441
Page 1
SENATE THIRD READING
SB 1441 (Kuehl)
As Introduced February 22, 2006
Majority vote
SENATE VOTE :23-13
JUDICIARY 6-3 APPROPRIATIONS 12-4
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|Ayes:|Jones, Evans, Laird, |Ayes:|Chu, Bass, Berg, |
| |Levine, Lieber, Monta?ez | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Haynes, Leslie, Huff |Nays:|Sharon Runner, Emmerson, |
| | | |Nakanishi, Walters |
| | | | |
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SUMMARY : Prohibits sexual orientation discrimination by state
entities and recipients of state aid. Specifically, this bill :
1)Adds sexual orientation 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.
2)Defines "sex" and "sexual orientation" by referencing the
definitions of those terms in the Fair Employment and Housing
Act (FEHA).
3)Provides, consistent with FEHA and other statutes, that
non-discrimination includes the perception that a person has
any of the named characteristics or is associated with another
person who has or is perceived to have any of those
characteristics.
EXISTING LAW :
1)Prohibits discrimination on the basis of race, national
origin, ethnic group identification, religion, age, sex,
SB 1441
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color, or disability in any program or activity conducted,
operated, administered, or funded by the state or any state
agency.
2)Prohibits, under FEHA, discrimination in housing and
employment on the basis of sexual orientation in addition to
race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition,
marital status, sex, and age. FEHA defines "sex" and "sexual
orientation," as well as other terms used throughout FEHA, and
includes the perception of any of the named characteristics as
a prohibited basis for discrimination.
3)Protects, under the Unruh Civil Rights Act (Unruh Act),
persons from discrimination by business establishments on the
basis of sexual orientation in addition to sex, race, color,
religion, ancestry, national origin, disability, medical
condition, and marital status. The Unruh Act defines "sex"
and "sexual orientation" by incorporating the definitions of
those terms in the FEHA.
FISCAL EFFECT : According to the Assembly Appropriations
analysis, negligible fiscal impact.
COMMENTS : Various statutes, such as FEHA and the Unruh 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. These statutes have
been amended over time to reflect the state's evolving public
policy against unreasonable distinctions and disparities, most
recently to include disability, sexual orientation, and marital
status.
In addition to FEHA and the Unruh Act, Government Code Section
11135 prohibits discrimination in purpose 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. Notably
absent from the protections is sexual orientation. This bill
would harmonize this provision prohibiting discrimination in the
conduct or operation of state or state-funded programs with
FEHA, the Unruh Act and other anti-discrimination statutes by
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adding "sexual orientation" to the list of protected
characteristics, and would likewise incorporate related
definitions from FEHA.
According to the sponsor of this bill, Equality California,
state and local governments provide many important services and
programs that should not be denied to persons on the basis of
sexual orientation or gender identity. California public
policy, the sponsor states, is clear that individuals should be
protected against discrimination based on sexual orientation or
gender identity. Thus, the Government Code provision should be
updated to be made consistent with other laws.
This bill would import the FEHA definitions of "sex" and "sexual
orientation" into Government Code Section 11135. FEHA defines
"sex" to include pregnancy, childbirth, or medical conditions
related to pregnancy or childbirth, and includes a person's
gender as defined in Penal Code Section 422.56 (includes gender
identity and gender related appearance and behavior whether or
not stereotypically associated with a person's assigned sex at
birth). FEHA defines "sexual orientation" to mean
heterosexuality, homosexuality, and bisexuality.
This bill would also amend Government Code Section 11135 to
expressly include the interpretive provision, found in FEHA, as
well as the Unruh Act and other anti-discrimination or hate
crime statutes, that the list of characteristics includes the
perception that the person has any of those listed
characteristics or is associated with another person who has or
is perceived to have any of those protected characteristics.
This is a settled principle of anti-discrimination law, and is
reflected in the statute's existing administrative
interpretation. [See, e.g., 5 Cal. Code of Regs sections 4610
(c), 59300.] These anti-discrimination laws have long been
understood consistently on many definitions and issues. (E.g.,
5 Cal. Code of Regs section 4910; 2 Cal Code of Regs section
7286.7.)
State and local governments provide many important services and
programs. These include police and fire protection,
recreational programs, social services and health care clinics.
This bill would extend prohibitions against discrimination on
the basis of sexual orientation and gender identity to include
all services, programs and activities provided or funded by the
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state and its instrumentalities or agencies.
Some of the programs that would be affected by this bill are:
Medi-Cal, the California Work Opportunity and Responsibility to
Kids, food stamp programs, unemployment and disability
unemployment insurance, workers' compensation, financial aid
programs, child support services programs, services for
veterans, legal services programs, home loan assistance
programs, licensing of businesses, government contracting and
procurement activities, and voter registration.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0015442