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Schwarzenegger Squashes Religious Freedom (SB 1441 SIGNED!!!)
SAVE CALIFORNIA ^ | 08/28/06

Posted on 08/28/2006 9:27:06 PM PDT by Heartofsong83

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To: tessalu
Pedophilia,necrophilia, the argument can extend forever, or until perverts run out of things to try and screw I guess.
21 posted on 08/28/2006 9:47:38 PM PDT by kinoxi
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To: Heartofsong83
It's unconstitutional as well - as far as I see it, it violates the 1st Amendment...

Actually, it does not. The government can attach whatever strings it wants to the funds it provides. If you don't like the strings, you don't take the money.

The Supreme Court has ruled this way many times.

22 posted on 08/28/2006 9:48:03 PM PDT by COEXERJ145 (Free Republic is Currently Suffering a Pandemic of “Bush Derangement Syndrome.”)
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To: Heartofsong83

It is obviously a disgusting bill, and pretty lame that Arnie signed it, but if you are a private christian college, just don't take money from the state, and you won't be beholden.


23 posted on 08/28/2006 9:48:22 PM PDT by Wayne07
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To: Heartofsong83

http://www.leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb_1441_bill_20060811_enrolled.html

SB 1441, Kuehl Discrimination: state programs and activities:
sexual orientation.

Existing law prohibits discrimination on the basis of, among other
things, race, national origin, ethnic group identification,
religion, age, sex, color, or disability, against any person in any
program or activity conducted, operated, or administered by the state
or by any state agency, or that is funded directly by the state, or
that receives any financial assistance from the state. Existing law
also requires, with respect to disability, that these programs and
activities meet the protections and prohibitions contained in certain
provisions of the federal Americans with Disabilities Act of 1990,
and the federal rules and regulations implementing that act, or state
law if the state protections and prohibitions are stronger.

This bill would add sexual orientation to these provisions and
define for these purposes "sex" and "sexual orientation."
The bill would also expand the definition of discrimination under
these provisions to include a perception that a person has any of
these enumerated characteristics or that the person is associated
with a person who has, or is perceived to have, any of these
characteristics.


24 posted on 08/28/2006 9:48:48 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: Heartofsong83

GOVERNMENT MONEY == GOVERNMENT STRINGS

The only way to avert entanglements is to take a pass on the $$$. As government becomes more oppressive, the decision to push their cash back in their bureaucratic faces and tell them to "Buzz off" will pay enormous dividends. Schools that refuse the dirty funds will be able to offer an educational product free from government-imposed gobbledy-gook, and, thus, head and shoulders above what their former peers can offer.

Near-term pain will be greater long-term gain.


25 posted on 08/28/2006 9:49:00 PM PDT by HKMk23 (HEY! It's past 8-22-2006 and that Knickersinawad jerk is overdue! I want Armageddon or a refund!)
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To: Carry_Okie

Republicans at all levels are making very hard for me to support the party. I know the alternative is worse, but maybe it is time for a wake up call.


26 posted on 08/28/2006 9:49:12 PM PDT by Yogafist
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To: Heartofsong83

I didn't see the unconstitutionality in the link. The state can offer more protection with it's own funding. That is inherent in the Constitution.


27 posted on 08/28/2006 9:49:38 PM PDT by kinoxi
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To: Carry_Okie

Did you read the bill?

This is not even as much as a shell of the former bill.

While I an not happy, but all it says it adds sexual orientation to the list of items, against which discrimination is prohibited.


"SECTION 1. Section 11135 of the Government Code is
amended to read:
11135. (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, or disability, be
unlawfully denied full and equal access to the benefits of, or be
unlawfully subjected to discrimination under, any program or
activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives
any financial assistance from the state. Notwithstanding Section
11000, this section applies to the California State University."


28 posted on 08/28/2006 9:50:41 PM PDT by FairOpinion (Dem Foreign Policy: SURRENDER to our enemies. Real conservatives don't help Dems get elected.)
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To: Heartofsong83
SEPARATION of SCHOOL and SEX!
29 posted on 08/28/2006 9:51:08 PM PDT by goodnesswins (I think the real problem is islamo-bombia! (Rummyfan))
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To: staytrue

So if there's an R by the name, you'll worship them until they day you die, huh?


30 posted on 08/28/2006 9:51:44 PM PDT by Crazieman (The Democratic Party: Culture of Treason)
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To: Heartofsong83

What do you think Angelides would do?

Angelides is on record that he would have signed the previous version of this bill, which really would have forced schools to teach the virtues of homosexuals.

Angelides also said he will sign the homosexual marriage bill, that Arnold vetoed.

Arnold may not be a "full glass" you would like, but a half a glass is far better than en empty glass.


31 posted on 08/28/2006 9:52:55 PM PDT by FairOpinion (Dem Foreign Policy: SURRENDER to our enemies. Real conservatives don't help Dems get elected.)
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Comment #32 Removed by Moderator

To: FairOpinion

Can't they support third party candidates?


33 posted on 08/28/2006 9:57:05 PM PDT by Heartofsong83
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To: kinoxi

"The wording of the bill your link led me to seemed fairly innocuous."


Exactly. This used to be a horrible bill, teaching in schools the accomplishements of homosexuals, etc., but Arnold told them he will veto it, so to save face they basically took out everything and just so they still have a bill, they have this, just added sexual orientation to the list of things state agencies are not supposed to discriminate against.


34 posted on 08/28/2006 9:57:44 PM PDT by FairOpinion (Dem Foreign Policy: SURRENDER to our enemies. Real conservatives don't help Dems get elected.)
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Oh, now, let's not interupt the worshipping of our action-super-hero movie-star Governator by pointing out his feeble record. Do not question authority. He knows what's best for us.

Arnold Maria Schwarzennedy

35 posted on 08/28/2006 9:58:23 PM PDT by CounterCounterCulture (Where'd I leave that SARCASM tag?)
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To: Crazieman

Let's try this one more time.

someone says "Can a third-party candidate take advantage of this unconstitutional signing and take over? Let's pray that happens!"

And you want to claim sanity for this person.


36 posted on 08/28/2006 9:58:35 PM PDT by staytrue
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To: Heartofsong83

If true,the gov has lost it


37 posted on 08/28/2006 9:59:02 PM PDT by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: Heartofsong83

Sorry guys, it's completely constitutional (on the surface), if they accept public money(Cal Grants), then they should be subject to the same laws as public schools.


38 posted on 08/28/2006 9:59:21 PM PDT by rivercat (Welcome to California. Now go home.)
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To: FairOpinion


I believe the uproar is how the Judiciary sees the added term affecting the bill.






SB 1441
Page 1


SENATE THIRD READING
SB 1441 (Kuehl)
As Introduced February 22, 2006
Majority vote

SENATE VOTE :23-13



JUDICIARY 6-3 APPROPRIATIONS 12-4



|Ayes:|Jones, Evans, Laird, |Ayes:|Chu, Bass, Berg, |
| |Levine, Lieber, Monta?ez | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|
|
|Nays:|Haynes, Leslie, Huff |Nays:|Sharon Runner, Emmerson, |
| | | |Nakanishi, Walters |
| | | | |


SUMMARY : Prohibits sexual orientation discrimination by state
entities and recipients of state aid. Specifically, this bill :


1)Adds sexual orientation to the list of characteristics on
which discrimination may not be based in the conduct or
operation of state or state-funded programs or activities.

2)Defines "sex" and "sexual orientation" by referencing the
definitions of those terms in the Fair Employment and Housing
Act (FEHA).

3)Provides, consistent with FEHA and other statutes, that
non-discrimination includes the perception that a person has
any of the named characteristics or is associated with another
person who has or is perceived to have any of those
characteristics.

EXISTING LAW :

1)Prohibits discrimination on the basis of race, national
origin, ethnic group identification, religion, age, sex,








SB 1441
Page 2


color, or disability in any program or activity conducted,
operated, administered, or funded by the state or any state
agency.

2)Prohibits, under FEHA, discrimination in housing and
employment on the basis of sexual orientation in addition to
race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition,
marital status, sex, and age. FEHA defines "sex" and "sexual
orientation," as well as other terms used throughout FEHA, and
includes the perception of any of the named characteristics as
a prohibited basis for discrimination.

3)Protects, under the Unruh Civil Rights Act (Unruh Act),
persons from discrimination by business establishments on the
basis of sexual orientation in addition to sex, race, color,
religion, ancestry, national origin, disability, medical
condition, and marital status. The Unruh Act defines "sex"
and "sexual orientation" by incorporating the definitions of
those terms in the FEHA.

FISCAL EFFECT : According to the Assembly Appropriations
analysis, negligible fiscal impact.

COMMENTS : Various statutes, such as FEHA and the Unruh Act,
prohibit discrimination in employment and housing, and in the
provision of public accommodations and other goods and services
by business establishments on the basis of specified personal
characteristics such as sexual orientation, sex, race, color,
national origin, religion, and disability. These statutes have
been amended over time to reflect the state's evolving public
policy against unreasonable distinctions and disparities, most
recently to include disability, sexual orientation, and marital
status.

In addition to FEHA and the Unruh Act, Government Code Section
11135 prohibits discrimination in purpose and effect by the
state and recipients of state funding or financial assistance on
the basis of race, color, national origin, ethnic group
identification, religion, age, sex, and disability. Notably
absent from the protections is sexual orientation. This bill
would harmonize this provision prohibiting discrimination in the
conduct or operation of state or state-funded programs with
FEHA, the Unruh Act and other anti-discrimination statutes by








SB 1441
Page 3


adding "sexual orientation" to the list of protected
characteristics, and would likewise incorporate related
definitions from FEHA.

According to the sponsor of this bill, Equality California,
state and local governments provide many important services and
programs that should not be denied to persons on the basis of
sexual orientation or gender identity. California public
policy, the sponsor states, is clear that individuals should be
protected against discrimination based on sexual orientation or
gender identity. Thus, the Government Code provision should be
updated to be made consistent with other laws.

This bill would import the FEHA definitions of "sex" and "sexual
orientation" into Government Code Section 11135. FEHA defines
"sex" to include pregnancy, childbirth, or medical conditions
related to pregnancy or childbirth, and includes a person's
gender as defined in Penal Code Section 422.56 (includes gender
identity and gender related appearance and behavior whether or
not stereotypically associated with a person's assigned sex at
birth). FEHA defines "sexual orientation" to mean
heterosexuality, homosexuality, and bisexuality.

This bill would also amend Government Code Section 11135 to
expressly include the interpretive provision, found in FEHA, as
well as the Unruh Act and other anti-discrimination or hate
crime statutes, that the list of characteristics includes the
perception that the person has any of those listed
characteristics or is associated with another person who has or
is perceived to have any of those protected characteristics.
This is a settled principle of anti-discrimination law, and is
reflected in the statute's existing administrative
interpretation. [See, e.g., 5 Cal. Code of Regs sections 4610
(c), 59300.] These anti-discrimination laws have long been
understood consistently on many definitions and issues. (E.g.,
5 Cal. Code of Regs section 4910; 2 Cal Code of Regs section
7286.7.)

State and local governments provide many important services and
programs. These include police and fire protection,
recreational programs, social services and health care clinics.
This bill would extend prohibitions against discrimination on
the basis of sexual orientation and gender identity to include
all services, programs and activities provided or funded by the








SB 1441
Page 4


state and its instrumentalities or agencies.

Some of the programs that would be affected by this bill are:
Medi-Cal, the California Work Opportunity and Responsibility to
Kids, food stamp programs, unemployment and disability
unemployment insurance, workers' compensation, financial aid
programs, child support services programs, services for
veterans, legal services programs, home loan assistance
programs, licensing of businesses, government contracting and
procurement activities, and voter registration.


Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334


FN: 0015442


39 posted on 08/28/2006 10:00:01 PM PDT by uptoolate (The U.N. will be the tool of the Anti-Christ)
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To: imahawk

Some of us have said he never had "it" to begin with.


40 posted on 08/28/2006 10:00:27 PM PDT by CounterCounterCulture (Where'd I leave that SARCASM tag?)
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