Compare Versions

Add To My Favorites | print page

AJR-43 Sexual orientation and gender identity.(2011-2012)



Current Version: 09/18/12 - Chaptered         Compare Versions information image


AJR43:v96#DOCUMENT

Assembly Joint Resolution No. 43
CHAPTER 141

Relative to sexual orientation and gender identity.

[ Approved by Governor  September 18, 2012. Filed with Secretary of State  September 18, 2012. ]

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.
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 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.