BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1185|
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THIRD READING
Bill No: AB 1185
Author: Lieu (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 6/16/09
AYES: Corbett, Florez, Leno
NOES: Harman, Walters
ASSEMBLY FLOOR : 48-30, 5/21/09 - See last page for vote
SUBJECT : Birth certificates: new issuance: venue
SOURCE : Equality California
DIGEST : This bill provides that an individual who has
undergone a sex change operation may obtain, by court
order, a new birth certificate reflecting his or her change
of sex and any name change requested, from his or her
county of birth, in addition to his or her county of
residence.
ANALYSIS : Existing law provides that individuals who
have undergone a sex change operation may obtain, by court
order, a new birth certificate reflecting the change of sex
and any name change from his or her county of residence.
(Health and Safety Code Section 103425.)
This bill provides that an individual who has undergone a
sex change operation may obtain, by court order, a new
CONTINUED
AB 1185
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birth certificate reflecting his or her change of sex and
any name change requested, from his or her county of birth,
in addition to his or her county of residence.
Prior Legislation
AB 194 (Longville), 2001-02 Session, which was nearly
identical to the current bill, was vetoed by Governor Gray
Davis.
AB 1851 (Longville), 1999-2000 Session, which contained a
similar provision to this bill, was also vetoed by Governor
Davis.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/17/09)
Equality California (source)
California Communities United Institute
ARGUMENTS IN SUPPORT : According to the author's office,
"Current law allows a person born in California who has
undergone sex reassignment surgery to petition the superior
court to obtain a new birth certificate reflecting a change
of gender and any associated name change. However, the law
permits a petition for the issuance of a new birth
certificate to be filed only in the superior court in the
county in which the petitioner resides. This restriction
arbitrarily discriminates against transgender people born
in California but now living outside the state, who have
otherwise complied with the law, in accessing accurate
identity documentation.
"Birth certificates form the foundation of our everyday
identity documents, including drivers license, social
security cards, and passports. Having accurate
documentation is necessary to function in our society.
Identity is required for opening bank accounts, traveling,
establishing employment, and even for basic purchases.
When the gender on a birth certificate results in the
inability to change basic identifying documents it can be a
traumatic and frustrating experience."
AB 1185
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3
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Davis, De La Torre, De Leon, Eng, Evans, Feuer,
Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,
Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Skinner, Swanson, Torlakson, Torres, Torrico, Yamada,
Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, Coto, DeVore, Duvall, Emmerson,
Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,
Harkey, Jeffries, Knight, Logue, Miller, Nestande,
Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Saldana, Solorio
RJG:cm 6/17/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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