Bill Text: CA AJR43 | 2011-2012 | Regular Session | Chaptered
Bill Title: Sexual orientation and gender identity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-18 - Chaptered by Secretary of State - Res. Chapter 141, Statutes of 2012. [AJR43 Detail]
Download: California-2011-AJR43-Chaptered.html
BILL NUMBER: AJR 43 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 141
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2012
APPROVED BY GOVERNOR SEPTEMBER 18, 2012
ADOPTED IN SENATE AUGUST 27, 2012
ADOPTED IN ASSEMBLY AUGUST 9, 2012
AMENDED IN ASSEMBLY AUGUST 7, 2012
INTRODUCED BY Assembly Member Lara
JULY 2, 2012
Relative to sexual orientation and gender identity.
LEGISLATIVE COUNSEL'S DIGEST
AJR 43, Lara. 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 legislation that expressly includes sexual orientation and
gender identity in all federal antidiscrimination laws.
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 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,
current federal statutes protect against discrimination based on
race, color, sex, national origin, 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, 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; 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 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; 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 legislation to expressly
include sexual orientation and gender 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.
