BILL NUMBER: AJR 43 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2012
INTRODUCED BY Assembly Member Lara
JULY 2, 2012
Relative to a lesbian, gay, bisexual, transgender, and
queer bill of rights sexual orientation and gender
identity .
LEGISLATIVE COUNSEL'S DIGEST
AJR 43, as amended, Lara. Lesbian, gay, bisexual,
transgender, and queer bill of rights. Sexual
orientation and gender identity.
This measure would make findings concerning discrimination against
lesbian, gay, bisexual, transgender, and queer individuals, and
would call upon Congress and the President of the United States to
pass an American bill of rights legislation
that expressly includes sexual orientation and
gender identity in all federal antidiscrimination
law laws .
Fiscal committee: no.
WHEREAS, The United States was founded as a democratic nation, and
our country's Declaration of Independence states that, "All men are
created equal"; and
WHEREAS, A central tenent tenet of
the law of the United States is the principle of equal protection and
nondiscrimination under the law; and
WHEREAS, This promise of equality can be fulfilled through actions
by courageous individuals, organizations, and coalitions who choose
to stand up for their rights and the rights of others; and
WHEREAS, Through successful movements and hard fought struggles,
under current law, the status of "race
federal statutes protect against discrimination based
on race , color, sex, national origin, and religion"
is protected from discrimination by the United States government
under federal laws, including disability, age, and
religion, among other characteristics, under the Civil Rights
Act of 1964, the Equal Credit Opportunity Act, the Family and Medical
Leave Act, and the Fair Housing Act , among other federal laws
; and
WHEREAS, The lesbian, gay, bisexual, transgender, and
queer (LGBTQ) community is not included Sexual
orientation and gender identity are not expressly listed in
these federal antidiscrimination laws and , as a result,
in many parts of the country, the LGBTQ the
lesbian, gay, bisexual, and transgender community is
left vulnerable and without access to faces difficulty
in obtaining some of the most basic protections and benefits
under the law; and
WHEREAS, The Civil Rights Act of 1964 does not protect
persons on the basis of sexual orientation or gender identity,
therefore under that act, it can be lawful protects
against discrimination on the basis of race, color, national origin,
sex, and religion, making it unlawful to terminate,
refuse to hire or fire , or otherwise
discriminate with respect to compensation, segregate,
harass, deprive of employment opportunities, or otherwise adversely
affect the status as an employee on the basis of sexual orientation
or gender identity the terms and conditions of
employment , but does not expressly list sexual
orientation or gender identity as protected characteristics ;
and
WHEREAS, The Equal Credit Opportunity Act does not
protect on the basis of sexual orientation or gender identity,
therefore under that act, it can be legal to consider sexual
orientation and gender identity protects against
discrimination on the basis of race, color, religion, national
origin, sex, marital status, and age when deciding whether to
grant a loan or to impose different terms and conditions of a loan,
including higher interest rates or higher fees , but does not
expressly list sexual orientation or gender identity among the
protected characteristics ; and
WHEREAS, The Family and Medical Leave Act does not
protect Persons on the basis of sexual orientation or gender
identity, therefore under that act, same-sex families can be excluded
from accessing an array of benefits, including, but not limited to,
time off for the birth of a child, or to care for an ailing spouse
entitles eligible employees to take job-protected
leave to care for an ailing spouse but does not expressly include
domestic partners or members of civil unions ; and
WHEREAS, The Fair Housing Act does not protect persons on
the basis of sexual orientation or gender identity, therefore under
that act, it may be legal to refuse to rent or sell housing, falsely
deny that housing is available for sale or rent, or set different
terms, conditions, or privileges for sale or rental of a dwelling to
those in the LGBTQ community prohibits discrimination
in the sale, rental, and financing of dwellings, and in other
housing-related transactions, based on race, color, national origin,
religion, sex, familial status, and disability, but does not
expressly list sexual orientation or gender identity among the
protected characteristics ; and
WHEREAS, While there have been recent gains in federal protections
, and temporary gains from executive
orders, and piecemeal protections in various states,
nothing can match the safeguards, symbolism, and promise of
equality for all people like the inclusion of "sexual
sexual orientation and gender identity"
identity alongside "race,
race, color, sex, national origin, and religion"
religion , age, and disability in
these our country's landmark federal
antidiscrimination acts; and
WHEREAS, As with any historical movement, it will take a broad
coalition of individuals, allies, and organizations who believe in
equality to advance this urgent call for justice; and
WHEREAS, Together, this coalition can strive to rebuke
homophobia and transphobia eliminate discrimination
based on sexual orientation and gender identity with the full
force of official United States government policy and the full
enforcement power of the United States Department of Justice
federal government ; now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature calls upon Congress and the
President of the United States to pass a law, an American
bill of rights, legislation to expressly
include "sexual sexual
orientation and gender identity" identity
in all laws of the United States created to end discrimination
in this country; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President of the United States, to each
Senator and Representative in the Congress of the United States, and
to the presiding officer of each house of each state legislature of
the several states.