CA: Schwarzenegger vetoes bill on gay protections in textbooks

Gov. Arnold Schwarzenegger vetoed a bill Wednesday that would have barred textbooks from using language that would be discriminatory to gays, saying the state's education laws already prevent discrimination.

Kuehl's bill initially would have required California's social science textbooks to include the historical contributions of homosexuals, but the state Assembly amended it at her request in an effort to avoid a veto from the Republican governor.

The final version of SB 1437 would have prohibited any negative portrayal of homosexuals in textbooks and other instructional material, expanding current anti-discrimination laws that apply to minorities.

But in a veto message, Schwarzenegger said California's education code already prohibits discrimination in schools and says everyone is entitled to "equal rights and opportunities in our state educational institutions, regardless of their sex, ethnic group, race, national origin, religion, disability and sexual orientation."

"I and this administration are firmly committed to the vigorous enforcement of these protections," he said.

Kuehl, D-Santa Monica, expressed frustration over the veto and said she had explicitly changed the legislation to address the governor's opposition.

"I an extremely disappointed that the governor chose to respond to a small, shrill group of right-wing extremists rather than a fair-minded majority of Californians who support this reasonable measure," she said in a statement.

Kuehl said lesbian, gay, bisexual and transgender students are still vulnerable to discrimination in instructional materials and school activities.

Schwarzenegger said the bill barred any materials or activities that "reflect adversely" on people, which was vague and potentially confusing. He said it "would not strengthen this important area of legal protection from bias based on sexual orientation."

Good Job, Arnold! Next?

AB 606 - Safe Place to Learn Act
Assemblymember Lloyd Levine (D-Van Nuys)
Would require school districts to establish and publicize an antidiscrimination and anti-harassment policy that prohibits discrimination and harassment as specified under current law, including, but not limited to, actual or perceived gender identity and sexual orientation and provides penalties for school districts found to be in violation of that law, including withholding relevant state funding to school districts.
Status: Enrolled. Awaiting Governor's signature.
AB 1056 - Tolerance Education Pilot Program
Assemblymember Chu, D-Monterey Park
Would require the State Board of Education to develop a pilot project integrating intergroup relations and tolerance curriculum into the English and Social Science framework. Would direct the Board of Education to consult with human relations commissions and individuals and groups that are protected by California’s hate crimes legislation. Defines tolerance to mean "attitudes and behaviors that convey respect toward individuals and groups, especially those individuals and groups that have been, and continue to be, systematically and historically marginalized. Tolerance does not mean a passive allowance or indulgence of the beliefs or practices of another individual."
Status: Enrolled. Awaiting Governor's signature.
AB 1160 - Gwen Araujo Justice for Victims Act
Assemblymember Sally Lieber (D-San Jose)
Would amend jury instructions to state that the use of societal bias, including so-called "panic strategies," to influence any criminal trial or proceeding is not permitted. It would also appropriate $125,000 to the Office of the Attorney General to develop materials for county prosecutors explaining how panic strategies are used to encourage jurors to respond to societal bias and providing best practices for preventing bias from affecting the outcome of a trial. This legislation is named in the memory of a transgender teenager from Newark, Calif., who was attacked and killed in 2002.
Status: Enrolled. Awaiting Governor's signature.
SB 1827 - State Income Tax Equity Act of 2006
Senator Carole Migden (D-San Francisco)
Amends the tax and family codes to enable registered domestic partners to require registered domestic partners to file a personal income tax return jointly or separately by applying the standards applicable to married couples under federal income tax law.
Status: Enrolled. Awaiting Governor's signature.
AB 2800 - Civil Rights Housing Act of 2006
Assemblymember John Laird (D-Santa Cruz)
Would standardize various housing-related nondiscrimination provisions in California law to make them consistent with the Fair Employment and Housing Act (FEHA) which prohibits discrimination in housing on the basis of race, color, religion, national origin, ancestry, disability, sex (including gender identity), marital status, sexual orientation, familial status and source of income. AB 2800 is the third bill in a series of nondiscrimination bills authored by Assemblymember Laird to modify major sections of the California Code to specify that people are protected from discrimination regardless of their sexual orientation or gender identity. (See also AB 2900, Employment: Discrimination, passed in 2004 and AB 1400, The Unruh Civil Rights Act of 2005 signed in November 2005)
Status: Enrolled. Awaiting Governor's signature.
AB 2920 - Older Californians Equality and Protection Act
Assemblymember Mark Leno (D-San Francisco)
Would amend the Welfare and Institutions Act to add actual or perceived sexual orientation and gender identity, as well as other categories currently protected under the Fair Employment and Housing Act (FEHA), to the list of factors that the Department of Aging and Area Agencies on Aging consider when assessing the need for state services and planning how to implement them.
Status: Enrolled. Awaiting Governor's signature.
AB 1207 - Code of Fair Campaign Practices
Speaker pro Tem Leland Yee (D-San Francisco)
Would prohibit the use of any negative appeal based on sexual orientation or gender identity by candidates or campaign committees who sign the voluntary pledge provided for in the Code of Fair Campaign Practices.
Status: Enrolled. Awaiting Governor's signature.
AB 2051 - Equality in Prevention and Services for Domestic Abuse Act
Assemblymember Rebecca Cohn (D-Saratoga)
Would establish the Equality in Prevention and Services for Domestic Abuse Fund, a continuously appropriated fund to establish training and services for lesbian, gay, bisexual and transgender (LGBT) victims of domestic violence. The fund would support a variety of initiatives, including an educational brochure on LGBT domestic abuse to be distributed along with domestic partnership certificates, grants to support shelters that serve LGBT victims of domestic abuse, and LGBT-specific trainings for law enforcement and domestic violence service providers.
Status: Enrolled. Awaiting Governor's signature.
AB 2076 - Drug paraphernalia: clean needle and syringe exchange projects.
Assemblymember Laird, D-Santa Cruz
Would allow state General Funds for HIV prevention to support locally-authorized needle exchange programs and allow such programs to use funds to purchase sterile hypodermic needles and syringes.
Status: Enrolled. Awaiting Governor's signature.
AB 2510 - Pupils: survey: harassment
Assembly Member Ted Lieu, D-El Segundo
Requires local education agencies to administer a survey of the experience of pupils with harassment and bullying, including bias-related discrimination and harassment based on race, religion, disability, and actual or perceived gender identity and sexual orientation as specified in current law and require the Attorney General to prepare an annual report based on these surveys.
Status: Enrolled. Awaiting Governor's signature.
SB 1654 - Voting: absentee ballot
Senator Deborah Ortiz, D-Sacramento
Existing law authorizes eligible voters to vote by absentee ballot and authorizes a county elections official to deliver an absentee ballot to the absent voter's spouse or parent. This bill would additionally authorize delivery of an absentee ballot to the absentee voter's child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the absent voter, who is 16 years of age or older. This would include any cohabitating domestic partner.
Status: Enrolled. Awaiting Governor's signature.
AB 2386 - Code of Fair Campaign Practices
Assembly Member Jenny Oropeza, D-Carson
Would require the California Secretary of State to post the Code of Fair Campaign Practices on his or her website, along with a list of candidates for state or federal office who have subscribed to the code. The passage of this bill and AB 1207 would allow Californians to know which candidates have agreed to avoid campaign practices that denigrate lesbian, gay, and bisexual persons.
Status: Enrolled. Awaiting Governor's signature.
SB 1437 - Bias Free Cirriculum Act
Senator Sheila Kuehl (D-Santa Monica)
Prohibits instruction, or the adoption of any instructional material, that reflects adversely on persons due to sexual orientation. Revises the social sciences course of study to include study of the role and contributions of people who are lesbian, gay, bisexual, or transgender to the development of California and the nation with emphasis on their role in contemporary society.
Status: Vetoed by the Governor 09/06/06. Read veto message Here
SB 1441 - Nondiscrimination in State Programs and Activities
Senator Sheila Kuehl (D-Santa Monica)
Would add "sexual orientation" to the characteristics on which discrimination may not be based, in any program or activity that is conducted, operated, or administered by the state or any state agency or by any agency funded directly by the state or that receives any financial assistance from the state. The bill also would incorporate the definition of "sex" and "sexual orientation" contained in the Fair Employment and Housing Act into this provision relating to state and state-funded programs or activities, and clarify that the perception of any of the characteristics listed in the anti-discrimination statute is also covered.
Status: Signed by the Governor 8/28/06
AB 2371 - Employment arbitration agreements
Assemblymember Levine, D-Van Nuys
Would require that arbitration agreements between employers and employees be voluntary for sexual orientation and other employment discrimination claims under the Fair Employment and Housing Act. Specifies that a FEHA-covered employer may not take adverse employment action against a person for refusing to waive these protections and procedures, and would make unenforceable any arbitration agreement between an employer and employee contrary to the bill's provision.
Status: Failed to pass Assembly.

Full text of the veto message:

To the Members of the California State Senate:
No teacher or textbook in our schools should ever intentionally demean or disparage any group in our society, including discrimination based on sexual orientation.
I am vetoing Senate Bill 1437 because this bill attempts to offer vague protection when current law already provides clear protection against discrimination in our schools based on sexual orientation.
Education Code section 200 referring to Penal Code section 422.55 governing “hate crimes”, provides that “It is the policy of the State of California to afford all persons in the public schools, equal rights and opportunities in our state educational institutions, regardless of their sex, ethnic group, race, national origin, religion, disability and sexual orientation.
Education Code section 220 expands the protection of section 200, prohibiting such discrimination in “any program or activity” conducted by an educational institution. In addition, Education Code section 60045, subdivision (a), provides that all instructional materials shall be “accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels.”
This protection specifically covers school programs, activities, instruction and instructional materials. I and this administration are firmly committed to the vigorous enforcement of these protections.
SB 1437 deals exclusively with Education Code sections 51500, 51501, and 60044 prohibiting instruction, materials and activities that “reflect adversely” on persons. Not only is this term extremely vague, and potentially confusing, but I am not aware of any published case brought under these code sections in which individuals within the protected classes have successfully protected their rights under these statutes. But courts have confirmed that individuals in the protected classes can state a legal claim for violation of education Code section 200 and 220.
Therefore, since the Education Code already specifically protects against discrimination to groups based on their sexual orientation and includes programs, instructions and instructional materials. I am vetoing this bill because the vagueness of the term “reflects adversely” would not strengthen this important area of legal protection from bias based on sexual orientation.
Sincerely,
Arnold Schwarzenegger

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