A Bittersweet ENDA in U.S. House
By Alex Sachs, SDDC Legislative Advocate

In a legislative first, on November 7, 2007 the U.S. House of Representatives approved ENDA, the Employment Non-Discrimination Act, by a vote of 235-184.
While it had taken three decades of hard work to pass a “simple, basic piece of legislation,” many LGBT activists, including the San Diego LGBT Community Center’s Dr. Delores Jacobs, called ENDA’s passage, “A bittersweet moment in our movement’s history.”

The passage was bittersweet because, against the wishes of a coalition of more than 350 national, state and local LGBT organizations, House leadership pulled all provisions for
transgender employment non-discrimination from the bill and declined to allow a vote on lesbian Congressmember Tammy Baldwin’s
(D-WI) amendment to put the transgender provisions back in.

The Center, the San Diego Democratic Club and our local Transgender Advocacy and Services Center (TASC) joined the United ENDA coalition, led nationally by the National Gay and Lesbian Task Force (The Task Force) and the National Center for Transgender Equality, with strong support from Pride at Work and the National Stonewall Democrats.

If signed into law, ENDA would amend Title VII of the Civil Rights Act of 1964 to outlaw employment discrimination against lesbian and gay Americans on the basis of sexual
orientation. The portion of the transgender-inclusive ENDA, stripped from the bill by lead sponsor Congressmember Barney Frank (D-MA), would have outlawed discrimination based on gender identity as well. This category would lend protection to transgender persons.

As the debate on transgender inclusion raged in Washington over the past few weeks, members of TASC and the transgender community met with Congressmember Susan Davis and joined with the SDDC and the LGBT Center in lobbying Congressmembers Bob Filner and Brian Bilbray. In the end, Representative Davis, a close ally of Tammy Baldwin, became a strong advocate for transgender inclusion.

On final passage, ENDA was approved with the votes of 200 Democrats and 35 Republicans. In opposition were 159 Republicans and 25 Democrats.
Neither Bilbray nor his Republican San Diego County colleagues Duncan Hunter and Darrell Issa voted for the bill. Of the Democrats voting “no,” seven voted against ENDA on principle because of its lack of transgender inclusions. Those Democrats were: Yvette Clark, Rush Holt (New Jersey), Michael Michaud (Maine), Jerrold Nadler, Ed Towns, Nydia Velazquez and Anthony Weiner. All but Holt and Michaud are Democrats from the New York City area.

Ironically, the Human Rights Campaign, which alone among LGBT organizations supported the non-inclusive ENDA, announced that the seven principled Democrats would have their LGBT credentials “docked” on the groups’ annual legislative scorecard – knocking their scores down for supposedly voting “against” LGBT rights.

Kennedy Set to Champion ENDA in Senate

Following the House passage of ENDA, Senator Edward M. Kennedy announced on Thursday, November 8, 2007 that he was working with the Senate leadership to “move this bill forward as quickly as possible.” Kennedy indicated that he hoped the Senate, which fell one vote shy of passing ENDA in 1996, would pass ENDA in this Congress.
President Bush’s advisors have indicated that they intend to recommend he veto ENDA if it gets to his desk before he leaves office.

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2007 LGBT California Legislative Wrap-Up

By Alex Sachs, SDDC Legislative Advocate, and by EQCA

While, for the second time, the Governor vetoed the most important LGBT rights legislation presented to him—the freedom to marry for same-sex couples—the Governor signed seven pro–LGBT bills sponsored by legislative Democrats, including bills to strengthen safeguards for LGBT and questioning youth.

Three measures designed to protect students in public schools and youth in California’s juvenile justice facilities were signed into law. The two school bills ensure that teachers and school administrators understand their responsibilities under California law and that protections for all California students are rigorously enforced. The juvenile justice bill establishes a youth bill of rights to protect young people from discrimination and creates a toll-free hotline youth can call if they feel their rights have been violated.

Also signed were bills to allow domestic partners to choose a common family name when they register with the state (sponsored by Assemblymember Fiona Ma) and to simplify the process for domestic partners filing joint state income tax returns in 2008 (authored by State Senator Carole Migden).

Also, the Civil Rights Act of 2007, part of a multi-year overhaul of the state’s civil rights laws, was signed into law. This bill, sponsored by Assemblymember John Laird (D-Santa Cruz) strengthens and clarifies 51 provisions in state law to prohibit bias based on race, color, religion, ancestry, national origin, ethnicity, age, disability, medical condition, marital status, sex, gender identity and sexual orientation.

In addition, State Senator Christine Kehoe’s Fair and Equal Taxation for Surviving Partners Act, legislation that ends tax increases for domestic partners who separated or lost a partner before a 2006 law went into effect protecting them against unfair property reassessments.

Also approved without requiring the governor’s signature were Kehoe’s resolution calling on the federal government to recall the military’s “Don’t Ask, Don’t Tell” policy and
Assemblymember Mike Eng’s resolution asking Congress and the president to strengthen the nation’s hate crimes law to include sexual orientation, gender identity and disability.

In addition, California’s budget for the first time includes a provision to fund programs that specifically serve LGBT community as well as a budget provision including $300,000 earmarked to aid LGBT victims of domestic violence.

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Governor Again Vetoes
Bill Granting Same–Sex Couples
the Ability to Marry

Governor Stands Alone in Preventing Equality Under the Law for Millions of Californians

Same-sex couples in California continue to be denied the dignity, benefits and responsibilities of marriage with the governor's veto today of legislation that would have given all committed couples the option to marry. The Governor vetoed the Religious Freedom and Civil Marriage Protection Act (AB 43), authored by Assemblymember Mark Leno, D-San Francisco, and sponsored by Equality California.

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Marriage Equality Effort a Roller Coaster This September

By Jeri Dilno, SDDC Vice-President for Political Action

 For LGBT San Diegans, the first week of September was a roller coaster of emotions as the California State Senate for the second time approved marriage equality legislation and the San Diego City Council took up the issue of marriage equality for the first time.

Adding to the drama of the situations for Club members was the fact that two women who are long-time friends of the Club and allies of the LGBT community were at the center of both marriage equality tumults.

First: the Disappointment
On Tuesday, September 4, 2007, San Diego Councilmember Toni Atkins presented the issue of marriage equality to her colleagues by advocating that the Council put the City on record as supporting an amicus curiae (friend of the court) brief to be filed by a number of California municipalities in support of the In re Marriages case before the California Supreme Court.

 Atkins and City Attorney Mike Aguirre arranged for City Attorney Dennis Herrera of San Francisco and one of his top deputies to present the argument for marriage equality, from a municipal perspective, at the Council session.

The marriage case arose from the marriages allowed in 2004 by San Francisco Mayor Gavin Newsom that were ultimately nullified. The vigorous public testimony for and against marriage equality included an emotionally moving plea for equal rights from former Republican Councilmember Harry Mathis, who appeared before his previous colleagues with his lesbian daughter, Laura – who has been in a committed partnership for 15 years – and the couple’s four-week old son. In opposition, an organized presentation was led by alleged ex-gay, anti-LGBT council candidate James Hartline, who called Atkins’ docketing of marriage equality, “the most dangerous attack on Christian values ever to come before the San Diego City Council.”

The disappointment arose when Councilmember Donna Frye, a revered figure in the LGBT community who has won regular endorsements from the SDDC, balked at the timing of the discussion, saying she had only learned of the issue recently, and stating that, “The average person does not know that this is on the agenda today.” When her procedural effort to delay consideration of the item until September 18th failed, Frye shocked the chamber by voting against equality and joined Republican Councilmembers Faulconer and Maienschein and Democrat Tony Young in defeating the motion.

GOP Councilmember Jim Madaffer of District Seven, who had supported anti-gay marriage Proposition 22 in 2000, gave a powerful speech acknowledging changing times and his own belief that marriage equality was a fundamental issue of civil rights and that it is wrong to deny anyone their civil rights. In the end, Madaffer and Atkins were joined by Council President Scott Peters and courageous District Eight Councilmember Ben Hueso in supporting the filing of the amicus, an effort also endorsed by City Attorney Aguirre.

A Glimmer of Hope
After the crushing Council action, while the meeting continued, Aguirre and Atkins staffers Dale Kelly Bankhead and Denise Price huddled with leaders in the LGBT community while Aguirre reached out to Frye. After exploring multiple options for reviving the issue, Atkins requested the redocketing of the marriage equality item for September 18, 2007, as Frye had originally requested. Council President Peters and Frye both agreed to the redocketing and Frye has told the Gay + Lesbian Times, as well as SDDC leaders that she intends to support marriage equality when it comes before the Council later this month.

Note: It passed on the second attempt and the mayor signed the measure. Please contact the Mayor Sanders and Councilmembers Peters, Atkins, Frye, Hueso, and Madaffer and thank them for their support. Contact Councilmembers Faulconer, Young, and Maienschein to express your disappointment at their lack of support.

At Last: The Thrill
On Thursday, September 6, 2007, Equality California let local LGBT leaders know that the vote on SDDC Freedom Banquet keynoter Mark Leno’s marriage equality bill – AB 43 – was expected for Friday, September 7th. LGBT community activists swung into gear, reaching out to allies in State Senator Denise Moreno Ducheny’s (D-San Diego) district one last time.

The SDDC has taken a lead on urging Ducheny’s yes vote – with SDDC Political Relations Chair Gloria Johnson reaching out to the Desert Stonewall Democrats in the Palm Springs area as well as her colleagues at Cathedral City’s National Organization for Women chapter. Marriage equality advocate Aida Mancillas took the lead in outreach to the Latino community and by preparing a postcard campaign targeting Ducheny’s vote and SDDC collected signatures at LGBT Pride, City Fest and especially at the annual Gay Day in South Bay held in Chula Vista. Along with scores of South Bay members of the LGBT community, we collected cards from Chula Vista Councilmember Rudy Ramirez and former Chula Vista Mayor Steve Padilla.

The thrill came that Friday morning as Gloria Johnson, LGBT Center Executive Director Delores Jacobs, Public Policy Committee Chair Dale Kelly Bankhead, and SDDC Legislative Advocate Alex Sachs individually watched the roll taken on a live Senate webcast. Senator Ducheny voted yes, along with State Senator Jack Scott of Pasadena (and State Senator Christine Kehoe, of course); the bill passed the Senate 22-15 with only one Democrat voting no.

The Club and the Center swung into action once again, phoning thanks to staff, sending celebratory e-mails and a friendship bouquet of flowers to the Senator at the private law office she shares with her husband, Al.

Follow Up
Club members should thank Assemblymembers Lori Saldaña and Mary Salas, as well as Senator Kehoe. Special thanks should be sent the way of Senator Ducheny by contacting her through a contact form on her website at: http://dist40.casen.govoffice.com, by phone at 619.409.7690 or by mail at 637 Third Avenue, Suite A–1, Chula Vista, CA 91910. Club members also need to urge the Governor to sign AB 43 and support marriage rights for all. Contact the Governor by calling his local office at (619) 525.4641, via his website at: http://gov.ca.gov/interact#email, or by writing him at: 1350 Front Street, Suite 6054, San Diego, CA 92101.

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Senate Approves Tax Relief for Domestic Partners

Kehoe Bill, Sponsored by EQCA, Rolls Back Inequitable Property Taxes Paid by Some Same-Sex Couples

The Senate approved legislation that provides relief to domestic partners who paid unexpected, discriminatory property taxes prior to Jan. 1, 2006. SB 559 passed the Senate with a 23-12 vote.

The Fair and Equal Taxation for Surviving Partners Act, which is authored by Sen. Christine Kehoe, D-San Diego, and sponsored by Equality California, rolls back tax increases for domestic partners who separated or lost a partner before a 2006 law went into effect protecting them against unfair property reassessments.

“When families are in crisis, the last thing they need to worry about is an increased financial burden, which could force them to lose their home,” said EQCA Executive Director Geoff Kors. “Before 2006, domestic partners faced undue tax hardships upon the death of their loved one or upon separation. Until there is marriage for same-sex couples in California, the inequalities created by domestic partnerships need to be remedied by legislation like this.”

California law allows certain exemptions from the fair market value reassessment of property upon a change in ownership. Transfers between married spouses, domestic partners, parent and child, and grandparent and grandchild are excluded from reassessment, sheltering them from an increase in tax burden when property changes hands between family members.

Although domestic partners received this tax exemption beginning on Jan. 1, 2006, couples that transferred property prior to that date did not receive the same benefit. Kehoe’s Fair and Equal Taxation for Surviving Partners Act would apply this exemption to registered domestic partners who were wrongly taxed before 2006, ensuring that their property tax bills are adjusted accordingly.

“This legislation ensures that all loving and committed couples are treated fairly and receive equal tax protections,” said Sen. Kehoe. “Domestic partners that were vulnerable to costly property tax reassessments deserve relief.”

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Senate Passes Resolution Calling for End of "Don't Ask, Don't Tell"

Measure Supporting End of Anti-LGBT Discrimination in the Military, Authored by Sen. Kehoe and Sponsored by EQCA, Passes 23-12

The California Senate passed a resolution asking the federal government to abandon its discriminatory military policy against lesbian, gay, bisexual and transgender (LGBT) Americans. SJR 6 calls for the end of Don't Ask, Don't Tell," which prevents LGBT people from serving openly in the military. Senators approved the resolution with a 23-12 vote.

"Talented, dedicated service members are forced to leave the military or lie about their personal and family lives simply because of their sexual orientation," said EQCA Executive Director Geoff Kors. "We should honor and respect every service member, without exception, for choosing to defend and protect our nation. Treating LGBT soldiers any differently should not be an option."

SJR 6, authored by Sen. Christine Kehoe, D-San Diego, and sponsored by Equality California, asks Congress and President George W. Bush to adopt the Military Readiness Enhancement Act of 2007 (H.R. 1246). The federal bill would repeal "Don't Ask, Don't Tell" and prohibit discrimination in the military based on sexual orientation. This resolution is co-authored by a total of 10 California lawmakers, and is part of EQCA's "Empowering Our Communities" legislative agenda.

“The ability to recruit and retain some of the best and brightest Americans for the armed forces is severely hindered by excluding an entire group of military personnel based on their sexual orientation,” said Sen. Kehoe. “Countless LGBT people have honorably served our country throughout history, and continue to do so. They have earned their right to serve.”

An estimated 65,000 LGBT service members are currently on active duty, and the U.S. has about 1 million LGBT veterans. Under "Don't Ask, Don't Tell," more than 11,000 service members have been discharged, including many who have held critical occupations.

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Assembly & Senate Pass Safe Schools Bill Filling Gaps in California’s Anti–Bias Laws

Levine Bill, Co-Sponsored by EQCA and AACRE, Protects all Students, Including LGBT Youth from Harassment and Bias

SACRAMENTO – Lawmakers in the Assembly and Senate approved a measure, AB 394, that would fill in the gaps in California’s safe schools law, which is designed to keep bias and harassment out of the classroom. The bill was authored by Assemblymember Lloyd Levine, D-Van Nuys, and co-sponsored by Equality California and Asian Americans for Civil Rights and Equality.

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Senate Passes Student Civil Rights Act, Protecting All California Students

Kuehl's SB 777, Sponsored by EQCA, Strengthens State Education Policies to Prevent Bias and Discrimination

The California Senate passed legislation that would protect all California students from harassment and bias in public schools based on their gender identity or sexual orientation. Legislators approved SB 777, authored by Sen. Sheila Kuehl, D-Santa Monica, and sponsored by Equality California, by a 23-13 vote.

The Student Civil Rights Act ensures that all students in publicly-funded schools, including those who identify as lesbian, gay, bisexual or transgender (LGBT), clearly understand the protections they are provided under state law. SB 777 creates uniform nondiscrimination standards within the state's education code and clarifies the responsibility of school officials to ensure a safe learning environment.

"Schools need clear direction - not mixed messages -from the state to adopt adequate policies to protect all youth," said EQCA Executive Director Geoff Kors.  "Inconsistencies in state law create significant gaps that leave students vulnerable to harassment and bias and unaware of their rights.  SB 777 helps fill those gaps so that all youth are protected."

Nearly 30 percent of youth in grades seven to 11 in California have experienced harassment or bullying based on their actual or perceived race or ethnicity, religion, disability, gender and sexual orientation, according to the California Healthy Kids Survey released in 2006. Kuehl's measure strengthens existing nondiscrimination laws to protect students based on these characteristics. SB 777 covers publicly-funded schools and activities, including alternative and charter schools, postsecondary institutions, instructional materials and financial aid programs.

"Seven years after legislation protecting students from discrimination and harassment in all public school settings took effect, our young people are still being subjected to violence and ridicule on a daily basis in the classroom and in the school yard," said Sen. Kuehl. "We simply have to do better in protecting our students, and SB 777 is an important part of the solution."

"Right wing extremists have recently attacked this bill, grossly distorting the facts about what the legislation does," said Kors. "The Student Civil Rights Act protects all youth, not only those who identify as LGBT, from discrimination so they all have the opportunity to succeed in school and thrive in life."

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Senate Passes Protections for At-Risk Incarcerated Youth

Migden Bill, Sponsored by EQCA, Addresses Crisis of Abuse Against LGBT Youth in Juvenile Justice System

The California Senate approved basic safeguards to protect youth residing in juvenile justice facilities from abuse and mistreatment.

SB 518, the Juvenile Justice Safety and Protection Act, creates a Youth Bill of Rights to protect all young people from harassment and discrimination, including youth who identify as lesbian, gay, bisexual or transgender (LGBT). Authored by Sen. Carole Migden, D-San Francisco, and sponsored by Equality California, the bill passed both the Assembly and Senate and is awaiting signature by the Governor..

“LGBT youth are at especially high risk for being harassed and abused in our juvenile justice system because of their sexual orientation or gender identity,” said EQCA Executive Director Geoff Kors. “It is time to put an end to this crisis of violence and discrimination. All youth need and deserve adequate protections and safeguards when under the supervision of the state’s juvenile justice system.”

Few of the state’s juvenile facilities have policies that prohibit discrimination against youth or guide staff and administrators in creating a safe environment for young people. The Juvenile Justice Safety and Protection Act creates new guidelines, which include simple nondiscrimination standards, training for facility staff and administrators and support for youth in the event they need to file a complaint.

SB 518 is similar to a bill of rights code established within California's foster care system. It prohibits bias based on actual or perceived race or ethnicity, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, mental or physical disability or HIV status. Lawmakers in other states, including Michigan and New York, have proposed similar measures to protect youth from discrimination.

“Our youth expect and deserve the simple protections SB 518 provides,” said Sen. Migden. “Incarceration is frightening enough for young people. The only way they will receive the help and support they need to lead healthy and rewarding lives is if they have equal opportunity to a positive experience while residing in juvenile hall. There is no room there for discrimination or harassment.”

Surveys indicate that LGBT youth are more likely to enter the juvenile justice system because they often face rejection from society at large. As a result, they tend to suffer from homelessness and engage in activities that put them at-risk for incarceration. Once they enter the system, they frequently become victims of physical and verbal abuse, are isolated and confined more often than their peers and are harassed due to their sexual orientation.

“People are coming out about their sexual orientation and gender identity at younger ages than previous generations,” said Kors.  “The legal and social environment is changing for the better, so youth feel empowered to come out earlier. But that also means we must create and strengthen systems to make sure youth are protected from physical and emotional abuse.” 

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Assembly Votes to Adopt Stronger Nondiscrimination Standards

Laird Bill, Co-Sponsored by EQCA and NAACP, Would Give California Some of the Toughest Anti-Discrimination Laws in the Nation

A bill passed by the Assembly would give California some of the strongest nondiscrimination protections in the nation. The Assembly passed the Civil Rights Act of 2007, which is authored by Assemblymember John Laird, D-Santa Cruz, and co-sponsored by Equality California and the California State Conference of the NAACP. The bill, AB 14, passed both the Assembly and Senate and is awaiting signature by the Governor.

Ensuring the strongest nondiscrimination protections for all Californians, AB 14 strengthens and clarifies 51 provisions in state law to prohibit bias based on race, color, religion, ancestry, national origin, ethnicity, age, disability, medical condition, marital status, sex, gender identity and sexual orientation. The bill will correct deficiencies in state law that may leave some Californians unprotected. It will also reduce confusion for businesses and state organizations that must implement and enforce these laws.

“The Civil Rights Act of 2007 is the capstone on a series of actions taken by the California Legislature and Equality California and our coalition partners seeking to end discrimination in the statutes that govern many aspects of the lives of all Californians,” said EQCA Executive Director Geoff Kors. “Working together we have ensured that the law treats everyone, regardless of race or creed or sexual orientation or gender identity, equally.”

Laird’s bill is supported by a diverse coalition of civil rights and community organizations, including the ACLU, Anti-Defamation League, Asian Americans for Civil Rights and Equality, California Teachers Association and the California State Employees Association. The bill is part of EQCA’s 2007 “Empowering Our Communities” legislative agenda.

"AB 14 moves California forward by ensuring that clear and consistent anti-discrimination standards are consistent throughout the law," said Assemblymember Laird. "No person should be denied access to state programs or be unfairly discriminated against by businesses operating in our state."

“The Civil Rights Act of 2007 is an important step forward in addressing the inequality within our state,” said Alice Huffman, president of the California NAACP. “The California State Conference of the NAACP applauds the leadership of Assemblymember John Laird and the California Legislature in once again setting a precedent for justice and equality for all people in this great state.”

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DPs Now Able to File Joint CA Income Taxes

A landmark bill  was signed in California that enables registered domestic partners to file state income taxes jointly and have their earned income treated as community property for state tax purposes. Senate Bill 1827, the State Income Tax Equity Act was sponsored by Equality California (EQCA) and authored by Senator Carole Migden (D-San Francisco).

"This is a historic day for equality," said Senator Migden. "The Governor's signature on my tax equity bill gives lesbian, gay, bisexual and transgender (LGBT) families, who share the same costs and responsibilities that go with parenthood or being a spouse, the same tax benefits afforded to married couples. At last we acknowledge the equal contributions of LGBT households and remove the tax inequity that has been suffered by these families."

An average family of four with one stay at home parent could save as much as $2,000 a year by filing jointly.

"This bill provides important tax relief to domestic partners on the same terms as married couples," said Geoff Kors, EQCA executive director. "We appreciate Senator Migden's leadership and the Governor's support in helping domestic partners be better able to provide for their families because their tax bill will be reduced."