Nondiscrimination in State Programs and Activities Act (SB 1441)
Lead Author: Senator Sheila Kuehl
Sponsor: Equality CaliforniaThis legislation would prohibit discrimination based on actual or perceived sexual orientation and gender identity in state operated or funded services, activities and programs.
PURPOSE OF THE PROPOSED LAW
Under existing law, individuals applying for or participating in programs and activities operated, administered or funded by the state cannot be discriminated against on the basis of race, national origin, ethnic group identification, religion, age, sex, color or disability. SB 1441 would add sexual orientation and gender identity to the list of protected classifications for the purposes of this provision. The bill would also include protections for any person perceived to have, or associated with another person who has, any characteristic covered by the bill.
BACKGROUND
State and local governments provide many important services and programs. These include police and fire protection, recreational programs, social services and public schools. Under current law, a person can be turned away or denied services solely on the basis of his or her sexual orientation or gender identity. A person can also be discriminated against simply because he or she is perceived to have one of the covered characteristics or by virtue of his or her association with another person who is covered by existing law on the basis of race, national origin, ethnic group identification, religion, age, sex, color or disability.
California public policy is clear that individuals should be protected under the law against discrimination based on sexual orientation and gender identity. This policy is reflected in major statutes such as the Fair Employment and Housing Act (FEHA), which covers discrimination in employment and housing, and the Unruh Civil Rights Act, which covers discrimination in public accommodations.
WHAT THIS BILL WOULD DO
This bill would extend prohibitions against discrimination on the basis of sexual orientation and gender identity to include all services, programs and activities provided by state and local governments or any of their instrumentalities or agencies. All governmental activities of public entities would be covered, even when carried out by contractors.
Some examples of state and local government programs and services that would be covered under this legislation include:
- Medi-Cal
- State Disability Insurance
- CalWORKS
- Food stamp programs
- Unemployment insurance
- Workers compensation
- Financial aid programs administered by the University of California or the California State University
- Child support services
- Programs and services for veterans
- Legal service programs
- Home loan assistance programs
- Government contracting and procurement
- Business licensure
- Voter registration
In addition to adding sexual orientation and gender identity to the statute that governs nondiscrimination in state programs and activities, SB 1441 would protect individuals based on perceived characteristics or association with another person who is a member of a protected group. This change in the law would address various forms of governmental discrimination, for example:
- Denying voter registration to a person who is 18 years of age because he or she looks too young
- Refusing public healthcare benefits to a person based on the increased insurance costs that would be caused by the persons dependant child who is HIV positive
- Denying food stamps to a person who is perceived to be a noncitizen when in fact he or she would qualify for the program
- Discriminating against a person who wants to adopt a child because his or her spouse has a disability
LIST OF ORGANIZATIONS IN SUPPORT (AS OF 4/28/06)
Equality California (Sponsor)
American Civil Liberties Union
American Federation of State, County, and Municipal Employees (AFSCME)
AIDS Project Los Angeles
Asian Americans for Civil Rights & Equality
Attorney General Bill Lockyer
California Association for Nonprofits
California School Employees Association
California Teachers Association
California Faculty Association
Gay and Lesbian Alliance of the Central Coast
Lambda Letters Project
Mexican American Legal Defense and Education Fund (MALDEF)
National Association of Social Workers
National Center for Lesbian Rights
San Francisco AIDS Foundation
What was that about "unconstitutionally vague"?