BILL ANALYSIS �
AJR 43
Page 1
ASSEMBLY THIRD READING
AJR 43 (Lara)
As Amended August 7, 2012
Majority vote
JUDICIARY 7-1
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|Ayes:|Feuer, Atkins, Dickinson, | | |
| |Huber, Skinner, | | |
| |Wieckowski, Alejo | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wagner | | |
| | | | |
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SUMMARY : Calls for federal legislation to expressly protect
against discrimination on the basis of sexual orientation and
gender identity. Specifically, this measure :
1)Makes the following findings:
a) The United States was founded as a democratic nation, and
our country's Declaration of Independence states that "All
men are created equal;"
b) A central tenet of the law of the United States is the
principle of equal protection and nondiscrimination under the
law;
c) 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;
d) 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;
e) Sexual orientation and gender identity are not expressly
listed in these federal antidiscrimination laws and as a
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result the lesbian, gay, bisexual and transgender community
faces difficulty in obtaining some of the most basic
protections and benefits under the law;
f) 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;
g) 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;
h) 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;
i) 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;
j) While there have been recent gains in federal protections
and temporary gains from executive orders, 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,
religion, age, and disability in our country's landmark
federal antidiscrimination acts;
aa) 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,
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bb) 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.
2)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.
FISCAL EFFECT : None
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 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
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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.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0004612