LGBT LEGISLATIVE HIGHLIGHTS

Historic California LGBT Legislation

For information on this legislation or to receive updates on pending legislation, please go to http://www.leginfo.ca.gov/bilinfo.html.

Please also go to http://www.assembly.ca.gov/LGBT_Caucus/ for more information about LGBT lawmakers and legislation.

The following legislative leaders have championed legislation for LGBT Californians (not a complete list):

Senators

Chesbro
Escutia**
Kehoe** *
Kuehl** *
Migden** *
Scott**
Steinberg**
Sher**
Speier**
Yee**

Assemblymembers

Brownley
Chu
Cohn
Goldberg*
Keeley
Koretz
Knox
Laird*
Leno*
Levine
Lieber
Liu
Ma
Nation
Reyes
Villaraigosa
Wright

* Members of the LGBT Legislative Caucus
** Served in the Assembly and the Senate

AB - Assembly Bill
SB - Senate Bill

2007 Session (Laws Took Effect January 1, 2008)

AB 14 (Chapter 568, Statutes of 2007), by Assemblymember John Laird (D - Santa Cruz) - Civil Rights Act of 2007 - Strenghtened and clarified the law to conform the principal non-discrimination provisions dealing with state-funded programs and activities.

AB 102 (Chapter 567, Statutes of 2007), by Assemblymember Fiona Ma (D - Daly City) - Name Equality Act of 2007- Allowed one or both parties to a marriage or registered domestic partnership to change their surname by entering a new surname on either a marriage license application or certificate of registered domestic partnership.

AB 394 (Chapter 566, Statutes of 2007), by Assemblymember Lloyd Levine (D - Van Nuys) - Safe Place to Learn Act - Required the California Department of Education (CDE) to (1) assess schools, as part of CDE's existing monitoring process, for compliance with specific anti-discrimination and harassment policies and procedures, and (2) display on their web site specific bias-related and discrimination and harassment information.

AB 629 (Chapter 602, Statutes of 2007). By Assemblymember Julia Brownley (D - Santa Monica) - Sexual Health Education Accountability Act - Required any state-funded or administered sex education programs to be, among other requirements, medically accurate, free from specified biases, culturally and linguistically appropriate, and does not teach or promote any religious doctrine.

SB 105 (Chapter 423, Statutes of 2007), Senator Carole Migden (D - San Francisco) - Domestic Partners Joint Income Tax Filing Implementation Bill - Clarified for purposes of joint state income tax filing that a registered domestic partner or a former registered domestic partner would be treated as a spouse or former spouse for personal income tax and corporation tax purposes.

SB 518 (Chapter 649, Statutes of 2007), Senator Carole Migden (D - San Francisco) - Youth Bill of Rights - Enacted the Youth Bill of Rights that would protect LGBT youth in the juvenile justice system.

SB 559 (Chapter 555, Statutes of 2007), by Senator Christine Kehoe (D - San Diego) - Fair and Equal Taxation for Surviving Partners Act - Allowed registered domestic partners whose property was reassessed due to a change of ownership between January 1, 2000, and January 1, 2006, to apply to the county assessor by June 30, 2009 to receive a reversal of the reassessment.

SB 777 (Chapter 569, Statutes of 2007), by Senator Sheila Kuehl (D - Santa Monica) - California Student Civil Rights Act - Ensured the strengthening and uniformity of all non-discrimination policies governing all publicly funded schools, charter schools, alternative schools, and post-secondary educational institutions.
Note: This law went into effect Friday, Jan. 11, 2008 as the proposed referendum failed to gather the required signatures for ballot placement.

2006 Session (Laws Took Effect January 1, 2007)

AB 1160 (Chapter 550, Statutes of 2006), by Assemblymember Sally Lieber (D - Mountain View) - Gwen Araujo Justice for Victims Act - Affirmed legislative findings and declarations expressing disapproval of the use of "panic strategies" by criminal defendants in order to appeal to the societal bias of a juror based on the victim's actual or perceived gender or sexual orientation, and requires the court to instruct the jury that their decision should not be influenced by bias against a victim.

AB 1207 (Chapter 551, Statutes of 2006), by Assembly Speaker pro Tempore Leland Yee (D - Daly City) - Code of Fair Campaign Practices - Included in the voluntary pledge to not use or permit any appeal to negative prejudices based on sexual orientation or gender identity.

AB 2051 (Chapter 856, Statutes of 2006), by Assemblymember Rebecca Cohn (D - Saratoga) - Equality in Prevention and Services for Domestic Abuse Fund - Established the Equality in Prevention and Services for Domestic Abuse Fund to develop and support domestic violence-related education and services specific to the LGBT community.

AB 2800 (Chapter 578, Statutes of 2006), by Assemblymember John Laird (D - Santa Cruz) - The Civil Rights Housing Act of 2006 - Standardized various housing-related nondiscrimination provisions in California law to make them consistent with FEHA.

AB 2920 (Chapter 829, Statutes of 2006), by Assemblymember Mark Leno (D - San Francisco) - LGBT Senior Californians Non-Discrimination Act - Included senior LGBT Californians in the Mello-Granlund Older Californians Act -- programs administered by the California Department of Aging.

SB 1441 (Chapter 182, Statutes of 2006), by Senator Sheila James Kuehl (D - Santa Monica) - Non-Discrimination Act in State-Funded Programs & Activities - Prohibited discrimination on the basis of actual or perceived sexual orientation or gender identity in state operated or funded programs.

SB 1827 (Chapter 802, Statutes of 2006), by Senator Carole Migden (D - San Francisco) - Domestic Partners State Income Tax Equity Act - Extended state income tax joint filing status to registered domestic partners and have their earned income treated as community property for state tax purposes.

2005 Session (Laws Took Effect January 1, 2006)

AB 378 (Chapter 123, Statutes of 2005), by Assemblymember Judy Chu (D - Monterey Park) - Extended the statute of limitation from two to three years for filing civil claims against hate crimes perpetrators or civil rights violators acting under color of law.

AB 1400 (Chapter 420, Statutes of 2005), by Assemblymember John Laird (D - Santa Cruz) - Civil Rights Act of 2005: Prohibited public accommodations (business establishments) from discriminating based on sex/gender, sexual orientation, and marital status.

AB 1586 (Chapter 421, Statutes of 2005), by Assemblymember Paul Koretz (D - W. Hollywood) - Prohibited gender-based discrimination in health insurance.

AB 1669 (Chapter 642, Statutes of 2005), by Assemblymember Judy Chu (D - Monterey Park) - Extended the statute of limitations for filing an administrative complaint in employment discrimination cases until one year from the date that a victim attains the age of majority.

SB 565 (Chapter 416, Statutes of 2005), by Senator Carole Migden (D - San Francisco) - Included registered domestic partners in the exemption from property tax re-assessment whenever there is a change of ownership between partners, e.g., death or dissolution of relationship.

SB 973 (Chapter 418, Statutes of 2005), by Senator Sheila James Kuehl (D - Santa Monica) - Provided retirement equity for domestic partners who retired from state or local government employment covered under CalPERS, CalSTRS, or the 1937 County Retirement Act prior to AB 205's enactment.

2004 Legislative Session (Laws Took Effect on January 1, 2005)

AB 1825 (Chapter 933, Statute of 2004), by Assemblymember Sarah Reyes (D - Fresno) - Sexual Harassment Training and Education - Required employers with 50 or more employees to provide 2 hours of training and education to all supervisory employees.

AB 2208 (Chapter 488, Statutes of 2004), by Assemblymember Christine Kehoe (D - San Diego) - California Insurance Equality Act - Prohibited discrimination in insurance coverage, to ensure equal treatment between domestic partners and spouses.

AB 2580 (Chapter 947, Statutes of 2004), by Assemblymember Jackie Goldberg (D - Los Angeles) - Domestic Partner Technical Clean-up - Make technical changes to the California Domestic Partner Rights & Responsibilities Act, enacted in 2003 under AB 205, including effective date of community property, third party obligations, allowing the creation of pre-partnership agreements for previously-registered couples, etc.

AB 2900 (Chapter 788, Statutes of 2004), by Assemblymember John Laird (D - Santa Cruz) - Omnibus Labor & Employment Non-Discrimination Act - Amended various labor and employment anti-discrimination provisions of the California Codes, i.e., Unemployment Insurance Code Sec. 1256.2, Education Code Sec. 45293, Gov. Code Sec. 19702, Labor Code Sec. 1735, etc., to be consistent with the Fair Employment and Housing prohibited bases.

2003 Legislative Session (Laws Took Effect on January 1, 2004)

AB 17 (Chapter 752, Statutes of 2003 - Effective Date: January 1st, 2007), by Assemblymember Christine Kehoe (D - San Diego) - Non-Discrimination in State Contracts - Prohibited a state agency from entering into a contract worth $100,00 or more with businesses that discriminate in providing employment benefits between an employee with a spouse and an employee with a registered domestic partner.

AB 196 (Chapter 164, Statutes of 2003), by Assemblymember Mark Leno (D - San Francisco) - Gender-Based Nondiscrimination Act - Prohibited gender-based discrimination in employment and housing.

AB 205 (Chapter 421, Statutes of 2003 - Effective Date: January 1st, 2005), by Assemblymember Jackie Goldberg (D - Los Angeles) - Domestic Partner Rights and Responsibilities Act of 2003 - Expanded the rights and responsibilities provided to registered domestic partners and their families.

AB 458 (Chapter 331, Statutes of 2003), by Assemblymember Judy Chu (D - Monterey Park) - Foster Youth Anti-Discrimination Act of 2003- Extended the rights of a foster child to have fair and equal access to all services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, or mental or physical disability.

2002 Legislative Session (Laws Took Effect January 1, 2003)

AB 2216 (Chapter 447, Statutes of 2002), by Assemblymember Fred Keeley (D - Santa Cruz) - Partial Inheritance Rights for Registered Domestic Partners - Gave surviving domestic partners the right to inherit a specified share of a partner's separate property if a partner dies without a will. AB 2777 (Chapter 373, Statutes of 2002), by Assemblymember Joe Nation (D - Marin) - Death Benefits and Survivor's Allowances for County Employees of Los Angeles, Marin, and Santa Barbara - Permitted the counties of Los Angeles, Marin, and Santa Barbara to offer death benefits and survivors' allowances to the surviving domestic partners of their county employees.

SB 1575 (Chapter 412, Statutes of 2002), by Senator Byron Sher (D - Palo Alto) - Inclusion of Domestic Partners in the Exceptions to Prohibited Transferees Rule in Wills & Trusts - Included registered domestic partners in the exceptions to current law that invalidates a donative transfer to the person who drafted the instrument, or to a person who is related by blood, or marriage, or an employee of the drafter.

SB 1661 (Chapter 901, Statutes of 2002), by Senator Sheila Kuehl (D - Santa Monica) - Paid Family Leave - Provided up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child.

2001 Legislative Session (Laws Took Effect January 1, 2002)

AB 25 (Chapter 893, Statutes of 2001), by Assemblymember Carole Migden (D - San Francisco) - Basic Legal Protections for Registered Domestic Partners - Provided gay, lesbian, and senior opposite-sex couples who are registered domestic partners several basic rights.

AB 276 (Chapter 813, Statutes of 2001), by Assemblymember Carole Migden (D - San Francisco) - Two Year Statute of Limitations for Civil Claims Against Hate Crime Perpetrators - Extended the statute of limitation for filing civil claims against perpetrators of hate crimes from one year to two years.

AB 1015 (Chapter 820, Statutes of 2001), by Assemblymember Rod Wright (D - Los Angeles) - Protection of Employee's Off-Duty Lawful Activities - Prohibited employment discrimination based upon a person's lawful conduct that occurred outside the premises of the employer and outside the person's hours of employment.

AB 1193 (Chapter 253, Statutes of 2001), by Assemblymember Darrell Steinberg (D - Sacramento) - Insurance Coverage Protections for Hate Crimes Victims - Required that insurance coverage cannot be cancelled or refused solely based on one or more claims for a loss that resulted from a hate crime committed against the insured's person or property.

AB 1475 (Chapter 909, Statutes of 2001), by Assemblymember Carol Liu (La Canada Flintridge) - Harassment Prohibition in Religious-Based Hospitals - Extended harassment prohibition to persons employed by faith-based health facilities not performing religious duties.

SB 225 (Chapter 889, Statutes of 2001), by Senator Sheila Kuehl (D - Santa Monica) - Anti-Discrimination in School's Interscholastic Athletic Activities - Extended nondiscrimination policy to interscholastic athletic activities and provide complaint process and resolution.

SB 257 (Chapter 890, Statutes of 2001), by Senator Sheila Kuehl (D - Santa Monica) - Inclusion of Hate Crimes Prevention in School Safety Plan - Required comprehensive school safety plan to include hate crimes prevention.

SB 381 (Chapter 66, Statutes of 2001), by Senator Wes Chesbro (D - Arcata) - Human Relations Commission - Required that cities or counties' human relations commissions include groups protected under current anti-discrimination and hate crimes laws and other groups subject to prejudice and discrimination.

SB 504 (Chapter 910, Statutes of 2001), by Senator Jack Scott (D - Altadena) - Employment Nondiscrimination in Faith-Based Educational Institutions - Prohibited employment discrimination in faith-based educational institutions.

SB 1049 (Chapter 146, Statutes of 2001), by Senator Jackie Speier (D - San Mateo) - Death Benefits and Survivor's Allowances for San Mateo County Employees - Permitted death benefits and survivor's allowances be payable to the surviving domestic partners of San Mateo County employees.

2000 Legislative Session (Laws Took Effect January 1, 2001)

AB 1785 (Chapter 955, Statutes of 2000), by Assemblymember Antonio Villaraigosa (D - Los Angeles) - Public School Reporting of Bias-Motivated Violence and Hate Crimes - Required public schools to include the reporting of hate-motivated incidents and hate crimes on the standard crime reporting form and revises the state education curriculum to include human relations education.

AB 1856 (Chapter 1047, Statutes of 2000), by Assemblymember Sheila Kuehl (D - Santa Monica) - Civil Liability of Employees for Harassment - Provided that a non-supervisorial employees may be held civilly liable for harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation perpetrated against another employee, an applicant for employment, or a person providing services under a contract.

AB 1931 (Chapter 959, Statutes of 2000), by Assemblymember Jack Scott (D - Pasadena) - Funding of School Anti-Violence Programs - Established and funded hate violence prevention programs and training in our public schools.

AB 2418 (Chapter 43, Statutes of 2000), by Assemblymember Carole Migden (D - San Francisco) - Jury Selection Anti-Discrimination Law - Prohibited discrimination based on race, color, religion, sex, national origin, sexual orientation, or similar grounds in jury selection.

SB 2011 (Chapter 1004, Statutes of 2000), by Senator Martha Escutia (D - Montebello) - Unruh Civil Rights Act for Senior Housing - Included registered domestic partners in the definition of cohabitant for senior housing purposes.

1999 Legislative Session (Laws Took Effect January 1, 2000)

AB 26 (Chapter 588, Statutes of 1999), by Assemblymember Carole Migden (D - San Francisco) - Domestic Partnership Registry - Created a statewide domestic partnership registry.

AB 208 (Chapter 566, Statutes of 1999), by Assemblymember Wally Knox (D - West Hollywood) - Hate Crimes Penalty Enhancement - Provided the penalty for conviction of first-degree murder is life imprisonment without possibility of parole if the victim was intentionally killed because of the victim's actual or perceived sexual orientation.

AB 537 (Chapter 598, Statutes of 1999), by Assemblymember Sheila Kuehl (D - Santa Monica) - California Student Safety and Violence Prevention Act of 2000 - Prohibited discrimination and harassment of actual or perceived lesbian, gay, bisexual, and transgender students, teachers, staff, and administrators in public schools and community colleges.

AB 1001 (Chapter 592, Statutes of 1999), by Assembly Speaker Antonio Villaraigosa (D - Los Angeles) - Employment and Housing Anti-Discrimination Law - Prohibited discrimination and harassment in employment and housing based on actual or perceived sexual orientation.

AB 1541 (Chapter 913, Statutes of 1999), by Assemblymember Fred Keeley (D - Santa Cruz) - Employment Nondiscrimination in Faith-Based Hospitals - Prohibited employment discrimination in faith-based hospital except for positions that provide pastoral care and promote religious tenets.

1998 • Governor Pete Wilson signs AB 1999 (Kuehl), which provides protection under the hate crimes statute to include actual or perceived gender identity, appearance, or behavior

• Gray Davis is elected as Governor.
1997 • Sheila James Kuehl is appointed Assembly Speaker pro Tempore, the first woman to hold this leadership position.

• Governor Pete Wilson vetoes AB 257 (Villaraigosa), a bill to move the provisions prohibiting employment discrimination on the basis of sexual orientation from the Labor Code to the Fair Employment and Housing Act (FEHA), and codify case law that prohibits housing discrimination on the basis of sexual orientation.
1996 • Carole Migden is elected to the California State Assembly, doubling the number of openly lesbian members of the California Legislature.

• AB 1982 (Knight), a bill that would prohibit the recognition of out-of-state legally performed marriages for same-sex couples, is defeated.
1994 • Sheila James Kuehl is elected to the California State Assembly, the first openly lesbian member of the California Legislature.

• Governor Pete Wilson vetoes AB 2810 (Katz), a bill creating a statewide domestic partnership registry.
1992 In response to concerns raised in the governor’s veto message, Assemblymember Terry Friedman authors AB 2601, Chapter 915, Statutes of 1992, codifying case law (Sokora v. Dayton Hudson Corp. , 235 Cal. App. 3d 654) by creating Labor Code Section 1102.1, which prohibited employment discrimination based on sexual orientation.
1991 Governor Pete Wilson vetoes AB 101 (Terry Friedman), a bill that would add sexual orientation to the list of protected employment categories in the Fair Employment and Housing Act.



Copyright© 2008 Capital Political Action Committee
All Rights Reserved
Last Updated: 04/02/2008

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