BILL ANALYSIS �
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THIRD READING
Bill No: ACR 153
Author: Dickinson (D), et al.
Amended: 6/9/14 in Assembly
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 4-1, 6/24/14
AYES: Hueso, Correa, Lieu, Roth
NOES: Nielsen
NO VOTE RECORDED: Knight, Block
ASSEMBLY FLOOR : Read and adopted, 6/5/14
SUBJECT : California LGBT Veterans' Day
SOURCE : Veterans' Caucus of the Democratic Party
DIGEST : This resolution proclaims June 11, 2014, and June 11
of each subsequent year, California lesbian, gay, bisexual, or
transgender (LGBT) Veterans' Day, to be celebrated statewide.
ANALYSIS : This resolution makes the following legislative
findings:
1.The 11th day of June has been declared California LGBT
Veterans' Day in recognition of the importance of properly
thanking the many people of California who have served their
country while hiding their true selves due to the many
policies against military service while openly LGBT.
2.During the times of the "Don't Ask Don't Tell" (DADT) policy
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of the United States Armed Forces and other anti-homosexual
policies that predated that policy, many service members in
honorable standing were ousted from military service and their
benefits removed when their LGBT status became known.
3.An appropriate way to acknowledge those who have previously
gone without the level of gratitude appropriate towards United
States veterans is to annually recognize those who served to
protect the freedom of speech for others while they sacrificed
it for themselves.
This resolution proclaims June 11, 2014, and June 11 of each
subsequent year, California LGBT Veterans' Day, to be celebrated
statewide.
Background
Between World War II and the September 2011 repeal of DADT,
approximately 114,000 American military service members were
discharged due to actual or alleged violations of official
military restrictions on sexual orientation. Many of these
individuals, depending upon their particular discharge
classifications and the states in which they lived, were treated
as felons and precluded from voting, collecting unemployment
benefits, and qualifying for federal veterans' benefits, such as
Veterans' Affairs health care and disability compensation.
In late 2011 President Obama lifted the longstanding ban on
openly gay men, lesbians and bisexuals serving in the U.S.
military. Individuals who join the military after that policy
change may serve openly without discrimination based on sexual
orientation.
However, this change was made prospective only for the currently
serving military; it did not address the veteran status of
individuals discharged prior to the end of DADT. If these
persons were ineligible for veterans' benefits prior to the 2011
change in military policy, they were still ineligible.
California offers a number of state-level benefits to military
veterans, but eligibility for these state benefits is premised
on the individual having achieved the veteran status awarded by
the federal government. In 2012, Assemblyman Richard Pan
successfully authored AB 1505, which provided that - if the
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federal government acts to reinstate federal veterans benefits
to those previously discharged LGBT service members - then the
State of California also shall reinstate any state-offered
benefits to them.
In the 113th Congress (2013-14), federal legislation - The
Restore Honor to Service Members Act, S. 1956 and H.R. 2839 -
was introduced into both houses that would ensure that the
service records of LGBT troops discharged due to sexual
orientation would receive a "timely, consistent and transparent"
review, and those confirmed to have served honorably would see
their records upgraded. A successful upgrade would open the
door to restoration of veterans' benefits. Neither the Senate
nor House bill has made significant progress through the
congressional legislative process.
Prior Legislation
SJR 9 (Kehoe, Resolution Chapter 29, Statutes of 2010) urged the
President and the Congress to adopt then-pending legislation
that would end the federal military policy of "Don't Ask, Don't
Tell, Don't Pursue, Don't Harass." This bill was the third and
last in a series of similar resolutions by Senator Kehoe, which
included SJR 6 (Resolution Chapter 63, Statutes of 2007) and SJR
11 (Resolution Chapter 108, Statutes of 2005).
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/22/14)
Veterans' Caucus of the Democratic Party (source)
American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officer
California State Commanders Veterans Council
Military Officers Association of America, California Council of
Chapters
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
AL:e 6/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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