BILL ANALYSIS Ó
SCR 122
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Date of Hearing: August 12, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SCR 122 (De Leon) - As Introduced: May 20, 2014
PROPOSED CONSENT
SENATE VOTE : 32-0
SUBJECT : CHINESE AMERICANS IN CALIFORNIA
KEY ISSUE : SHOULD THE LEGISLATURE FORMALLY APOLOGIZE FOR THE
ENACTMENT OF PAST DISCRIMINATORY LAWS THAT RESULTED IN THE
PERSECUTION OF CHINESE LIVING IN CALIFORNIA, AND REAFFIRM ITS
COMMITMENT TO PRESERVING THE RIGHTS OF ALL PEOPLE?
SYNOPSIS
In this resolution, the Legislature formally apologizes for the
enactment of past discriminatory laws and constitutional
provisions which resulted in the persecution of Chinese persons
living in California in the 19th and 20th centuries. In the mid
1800's, tens of thousands of Chinese laborers immigrated to
America to help build the transcontinental railroad connecting
California to the rest of the country. After its completion,
however, instead of showing appreciation the California
Legislature enacted many discriminatory laws that denied basic
rights to the Chinese in this state. California politicians
also played an active role in lobbying Congress to enact the
Chinese Exclusion Act of 1882, which outlawed all Chinese
immigration to the United States and denied citizenship to those
Chinese already in the country. Despite decades of sustained
discrimination, the Chinese in California persevered and went on
to make significant contributions to the growth of this state.
Thus, in addition to apologizing for past injustices, the
resolution importantly memorializes that the Legislature
reaffirms its commitment to preserve the rights of all people
and celebrate the contributions that all immigrants have made to
this state and the nation. This measure was unanimously
approved by the Senate by a 32-0 vote.
SUMMARY : States the Legislature's formal apology for the
enactment of past discriminatory laws and constitutional
provisions that resulted in the persecution of Chinese persons
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living in California in the 19th and 20th centuries.
Specifically, this resolution :
1)Describes the contributions of Chinese immigrants who, despite
being paid less than their white counterparts for the same
labor, worked under grueling conditions to build thousands of
miles of the transcontinental railroad in the mid-1900's,
thereby connecting California to the rest of the country and
furthering its progress and development.
2)Describes the contributions of Chinese in California, after
the completion of the railroad, to the development of
agricultural and fishing industries in California.
3)States that the Legislature enacted discriminatory laws
targeting Chinese persons that sought to discourage further
immigration from China and to severely limit the success of
Chinese laborers already present in this state, including laws
that denied Chinese in California the right to own land or
property, the right to vote, the right to intermarry with
whites, and the right to work in the public sector, and the
right to testify in court in any action where a white person
was a party, among other things.
4)States that the Chinese in California faced further
discrimination under local ordinances which targeted their
traditional culture and customs.
5)States California's role in convincing Congress to enact the
Chinese Exclusion Act in 1882, the first federal law ever
passed excluding a group of immigrants solely on the basis of
race or nationality, which remained in effect until its repeal
in 1943.
6)States that in 1879, California adopted Article XIX of the
state Constitution, which unfairly targeted and discriminated
against Chinese living in California and remained in effect
until its repeal in 1952.
7)Memorializes that the Legislature apologizes for the enactment
of past discriminatory laws and constitutional provisions that
resulted in the persecution of Chinese living in California
which forced them to live in fear and unfairly prevented them
from earning a living.
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8)Memorializes that the Legislature reaffirms its commitment to
preserve the rights of all people and celebrate the
contributions that all immigrants have made to this state and
the nation.
EXISTING LAW :
1)Provides that all people are by nature free and independent
and have inalienable rights, including enjoying and defending
life and liberty, acquiring, possessing, and protecting
property, and pursuing and obtaining safety, happiness, and
privacy. (Section 1 of Article 1 of the California
Constitution.)
2)Provides that all persons within the jurisdiction of this
state are free and equal, and specifically prohibits
discrimination based on sex, race, color, religion, ancestry,
national origin, disability, medical condition, marital
status, or sexual orientation with respect to accommodations,
advantages, facilities, privileges, or services in all
business establishments of every kind. (Civil Code Section
51.)
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
COMMENTS : This resolution states a formal apology by the
Legislature for the enactment of past discriminatory laws and
constitutional provisions which resulted in the persecution of
Chinese persons living in California in the 19th and 20th
centuries.
Author's Statement : In support of this resolution, the author
writes:
It is important to pay tribute to the contributions of
Chinese immigrants in California, most notably their work
on the Transcontinental Railroad-considered by many to be
the greatest technological American feat of the 19th
century. It is also important to remember and acknowledge
California's troubled past of ethnic and racial
discrimination. Chinese in California were once denied
the right to own property, the right to work in the public
sector, the right to testify in court. The State
Legislature and local governments burdened this population
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with unjust taxes, limited their right to marry, targeted
the Chinese culture, and sought to prevent Chinese in
California from incorporating into society.
SCR 122 recognizes several significant contributions that
Chinese Americans and immigrants have made throughout
California's history, and it acknowledges and apologizes
for the state's past discriminatory laws and
constitutional provisions.
Repealed Article XIX of the California Constitution . In 1879,
California amended its Constitution to adopt Article XIX, titled
"Legislature to Protect State From Certain Aliens", which in
Section 1 read, in part:
The Legislature shall prescribe all necessary
regulations for the protection of the State . . . from
the burdens and evils arising from the presence of
aliens, who are, or may become vagrants, paupers,
mendicants, criminals, or invalids afflicted with
contagious or infectious diseases, and from aliens
otherwise dangerous or detrimental to the well-being
or peace of the State, and to impose conditions upon
which such persons may reside in the State, and to
provide the means and mode of their removal from the
State.
According to proponents, Article XIX targeted Chinese immigrants
and had the effect of denying Chinese the right to own or
acquire property, the right to own a firearm, the right to be
employed by a corporation, and the right of employment in public
work. Article XIX also declared that "foreigners unable to
become citizens" (meaning Chinese, who Congress specifically
denied citizenship with passage of the Chinese Exclusion Act of
1882) were "dangerous or detrimental to the well-being of the
State." Article XIX remained in effect for 73 years until it
was finally repealed in 1952.
Chinese Exclusion Act of 1882 . In 1882, Congress passed the
Chinese Exclusion Act, the first U.S. law to restrict
immigration and naturalization for a specific ethnic group. The
Act outlawed all Chinese immigration to the United States and
denied citizenship to those Chinese already settled in the
country. By outlawing all new immigration, the Act effectively
prevented thousands of Chinese men already living in the U.S.
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from reuniting with their wives and children who they had left
behind in China when they came to this country to work.
According to historical accounts, some prominent California
politicians were active leaders in the Chinese exclusion
movement and lobbied Congress for years to prohibit immigration
from China.
According to historian Andrew Gyory, the Chinese Exclusion Act
"reversed not only American policy, but also American tradition,
changing forever the nation's image of itself as a beacon of
hope, a refuge for the poor and the oppressed the world over."
In his view, the Chinese Exclusion Act not only "legitimiz[ed]
racism as national policy" but set a precedent for broader
exclusion laws and "fostered an atmosphere of hostility towards
foreigners that would endure for generations." (Andrew Gyory,
Closing the Gate: Race Politics and the Chinese Exclusion Act .
Chapel Hill: 1998, pp.1-3.)
The ban on Chinese immigration was extended indefinitely in
1902, and was not repealed until 1943 when Congress passed the
Magnuson Act. Although Chinese Americans then became eligible
for naturalization, Congress initially limited this number to
only 105 Chinese immigrants per year. (Asian Law Journal,
December 2000.)
Recognizing the Contributions of Immigrants in California Today .
The resolution notes that Californians of Chinese descent now
occupy leading roles in politics, business and academia, and
have played a central role in turning the state's university
system, technology industry, businesses and agriculture into a
world power. The author believes that "diversity is one of our
state's greatest assets" and that "integrating [immigrants] into
our society not only helps them prosper, but helps California
prosper as well." Thus, in addition to seeking an apology for
the enactment of past laws discriminating against Chinese, the
resolution importantly memorializes that the Legislature
"reaffirms its commitment to preserving the rights of all people
and celebrating the contributions that all immigrants have made
to this state and nation."
Related Legislation : SJR 23 (Huff and De Leon) requests
Congress to adopt resolutions of apology to the Chinese American
community for the enactment of the Chinese Exclusion Laws. This
resolution is also currently in the Assembly Judiciary
Committee.
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ACR 42 (Fong and De Leon), Res. Ch. 79, Statutes of 2009,
expresses the Legislature's regret for enactment of past
discriminatory laws and constitutional provisions which resulted
in the persecution of Chinese living in California, and affirmed
its commitment to preserving the rights of all people and
celebrated the contributions that all immigrants have made to
California and the nation.
ACR 19 (Pan), Res. Ch. 104, Statutes of 2013, acknowledges that
California made a grievous mistake that injured loyal employees
who were dedicated to serving the people of California when it
dismissed over 300 Americans of Japanese ancestry as a result of
Senate Concurrent Resolution 15 of 1942 by Senator John Swan,
and issues a public apology to the state civil service employees
who were dismissed.
ACR 74 (Alejo), Res. Ch. 112, Statutes of 2011, expresses the
Legislature's apology for violations of the civil liberties and
constitutional rights of Filipino-Americans caused by
anti-miscegenation laws that precluded marriage between
Filipinos and Caucasians, and its regret for the suffering and
hardship endured by Filipino-Americans as a result of laws and
policies it enacted in this state.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334