Bill Text: CA AJR43 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AJR 43	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lara

                        JULY 2, 2012

   Relative to a lesbian, gay, bisexual, transgender, and queer bill
of rights.



	LEGISLATIVE COUNSEL'S DIGEST


   AJR 43, as introduced, Lara. Lesbian, gay, bisexual, transgender,
and queer bill of rights.
   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 an American bill of rights that includes sexual orientation and
gender identity in federal antidiscrimination law.
   Fiscal committee: no.



   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 tenent 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,
under current law, the status of "race, color, sex, national origin,
and religion" is protected from discrimination by the United States
government under federal laws, including the Civil Rights Act of
1964, the Equal Credit Opportunity Act, the Family and Medical Leave
Act, and the Fair Housing Act; and
   WHEREAS, The lesbian, gay, bisexual, transgender, and queer
(LGBTQ) community is not included in these federal antidiscrimination
laws and as a result, in many parts of the country, the LGBTQ
community is left vulnerable and without access to some of the most
basic protections and benefits under the law; and
   WHEREAS, The Civil Rights Act of 1964 does not protect persons on
the basis of sexual orientation or gender identity, therefore under
that act, it can be lawful to refuse to hire or fire, discriminate
with respect to compensation, segregate, harass, deprive of
employment opportunities, or otherwise adversely affect the status as
an employee on the basis of sexual orientation or gender identity;
and
   WHEREAS, The Equal Credit Opportunity Act does not protect on the
basis of sexual orientation or gender identity, therefore under that
act, it can be legal to consider sexual orientation and gender
identity when deciding whether to grant a loan or to impose different
terms and conditions of a loan, including higher interest rates or
higher fees; and
   WHEREAS, The Family and Medical Leave Act does not protect Persons
on the basis of sexual orientation or gender identity, therefore
under that act, same-sex families can be excluded from accessing an
array of benefits, including, but not limited to, time off for the
birth of a child, or to care for an ailing spouse; and
   WHEREAS, The Fair Housing Act does not protect persons on the
basis of sexual orientation or gender identity, therefore under that
act, it may be legal to refuse to rent or sell housing, falsely deny
that housing is available for sale or rent, or set different terms,
conditions, or privileges for sale or rental of a dwelling to those
in the LGBTQ community; and
   WHEREAS, 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 these 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 rebuke homophobia
and transphobia with the full force of official United States
government policy and the full enforcement power of the United States
Department of Justice; 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 a law, an American bill of
rights, to 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.