BILL ANALYSIS �
AJR 43
Page 1
Date of Hearing: August 6, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AJR 43 (Lara) - As Introduced: July 2, 2012
As Proposed to be Amended
SUBJECT : DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND
GENDER IDENTITY
KEY ISSUE : SHOULD THE LEGISLATURE CALL UPON CONGRESS AND THE
PRESIDENT TO ENACT FEDERAL STATUTES TO EXPRESSLY PROTECT AGAINST
DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND GENDER
IDENTITY?
FISCAL EFFECT : As currently in print this resolution is keyed
non-fiscal.
SYNOPSIS
Recognizes the importance of legal protections against
discrimination on the basis of sexual orientation and gender
identity and the absence of these characteristics from the
express listing of protections under existing federal statutes,
and calls on Congress and the President to enact legislation to
expressly include sexual orientation and gender identity in all
laws of the United States created to end discrimination in this
country.
SUMMARY : Calls for federal legislation to expressly protect
against discrimination on the basis of sexual orientation and
gender identity. Specifically, this measure :
1)Finds that the United States was founded as a democratic
nation, and our country's Declaration of Independence states
that "All men are created equal."
2)Finds that a central tenet of the law of the United States is
the principle of equal protection and nondiscrimination under
the law.
3)Finds that 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
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rights of others.
4)Finds that through successful movements and hard fought
struggles current federal statutes protect against
discrimination based on race, color, sex, national origin,
disability, age, and religion, among other characteristics,
including 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.
5)Finds that sexual orientation and gender identity are not
expressly listed in these federal antidiscrimination laws and
as a result the lesbian, gay, bisexual and transgender
community faces difficulty in obtaining some of the most basic
protections and benefits under the law.
6)Finds that the Civil Rights Act of 1964 protects against
discrimination on the basis of race, color, national origin,
sex, and religion making it unlawful to terminate, refuse to
hire or otherwise discriminate with respect to the terms and
conditions of employment but does not expressly list sexual
orientation or gender identity as protected characteristics.
7)Finds that the Equal Credit Opportunity Act 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.
8)Finds that the Family and Medical Leave Act 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.
9)Finds that the Fair Housing Act 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.
10)Finds that while there have been recent gains in federal
protections and temporary gains from executive orders, nothing
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can match the safeguards, symbolism, and promise of equality
for all people like the inclusion of sexual orientation and
gender identity alongside race, color, sex, national origin,
religion, age, and disability in our country's landmark
federal antidiscrimination acts.
11)Finds that 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.
12)Finds that together, this coalition can strive to 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 federal
government.
13)Resolves that the Assembly and the Senate of the State of
California jointly call upon Congress and the President of the
United States to pass legislation to expressly include sexual
orientation and gender identity in all laws of the United
States created to end discrimination in this country.
EXISTING LAW pursuant to federal law, generally protects against
discrimination on the basis of race, color, national origin,
sex, age, religion and disability in various circumstances,
including employment, housing, public accommodations and other
civil rights. (E.g., 42 U.S.C. section 2000e, 15 U.S.C. section
1691 et seq., 42 U.S.C. section 2000a, 29 U.S.C. section 2601 et
seq., 42 U.S.C. 3601 et seq.)
COMMENTS : In support of the measure the author states:
Our nation's landmark anti-discrimination laws rightfully
protect on the basis of race, color, sex, national origin,
and religion. These laws, however, omit protections for
lesbian, gay, bisexual and transgender (LGBT) individuals.
As a result, states are currently free to choose to either
protect LGBT individuals or target this population for
further discrimination.
Due to this lack of basic protections, LGBT people continue
to be ostracized and victimized in ways that tear families
apart, devalue their humanity, affect their quality of life
and can cause death. This lack of protections
necessitates a comprehensive response by the federal
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government to ensure that all LGBT Americans, no matter
where they live, are extended basic and fundamental rights,
benefits and protections.
While there have been recent gains in federal protections,
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 orientation and gender
identity" alongside "race, color, sex, national origin and
religion" in our nation's landmark civil rights and
anti-discrimination laws.
AJR 43 urges the President of the United States and the
United States Congress to include sexual orientation and
gender identity in our nation's civil rights and
anti-discrimination laws. This inclusion will
comprehensively extend basic, fundamental human rights to
our nation's LGBT population.
As the author notes, federal non-discrimination statutes
generally do not expressly list sexual orientation or gender
identity as protected characteristics. By contrast, California
laws generally do prohibit discrimination against these groups
in employment, housing, business establishments, state services
and activities and other areas, and in fact are effective in
their scope. Nevertheless, the addition of express federal
protections may well be beneficial in advancing the principle of
equal rights, which this Legislature has often been among the
first to recognize, and in safeguarding Californians from
invidious discrimination when they travel to other states for
education, public accommodations, credit and other important
activities.
ARGUMENTS IN SUPPORT : This bill is sponsored by Bienestar Human
Services, Inc. which writes:
If passed, California will be one of the first states in the
nation to call upon our President and Congress to heed this
call for justice. Without a comprehensive response by the
federal government, LGBTQ Americans continue to be at the
mercy of state and local laws that can either protect them or
target them for discrimination. Among the inequalities
experienced by LGBTQ people are:
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The denial of over 1,138 federal benefits to
same-sex marriage available to opposite-sex couples,
under the Defense of Marriage Act.
Only 13 states have adopted hate crime laws that
include persons believed to be LGBT, however hate crimes
against LGBT individuals comprised over 16% of all hate
crimes.
While one out of every three lesbian couples are
raising children and one out of every five gay male
couples, second parent adoption is only legal in 18
states and in the District of Columbia.
LGBTQ youth are 2-3 times more likely to commit
suicide and comprise between 20-40% of the homeless
population, yet bullying laws remain inconsistent and
absent in many states and jurisdictions.
This wide-scale historical and ongoing
discrimination in fundamental human rights based upon
outdated and unjust principles necessitates a
comprehensive response by the federal government.
Prior Related Legislation. HR 20 (Eng) of 2009 expressed
support of the federal Employment Non-Discrimination Act of
2009, prohibiting employment discrimination on the basis of
sexual orientation and gender identity, and urged Congress to
pass the act and the President to sign it. That resolution was
adopted by the Assembly.
REGISTERED SUPPORT / OPPOSITION :
Support
Bienestar Human Services, Inc. (sponsor)
ACLU of California
California Church IMPACT
California Employment Lawyers Association
California Immigrant Policy Center
California National Organization for Women
California Nurses Association
Coalition for Humane Immigrant Rights of Los Angeles
Equality CA
Gay-Straight Alliance Network
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HONOR PAC
Latino Equality Alliance
League of United Latin American Citizens
Out4Immigration
SEIU
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334