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AJR 45
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ASSEMBLY THIRD READING
AJR 45 (Chiu)
As Introduced June 9, 2016
Majority vote
Committee
Votes
Ayes
Noes
Judiciary
7-2
Mark Stone, Alejo, Chau, Chiu,
Holden, Maienschein, Ting
Wagner, Gallagher
SUMMARY: Urges Congress to enact the 2015 Equality Act. Specifically, this measure:
1) Makes various findings and declarations relating to the Civil Rights Act of 1964.
2) Declares the necessity to amend the Civil Rights Act of 1964 by detailing the lack of
enumerated discrimination protections for lesbian, gay, bisexual, and transgender (LGBT)
Americans.
3) Declares the 2015 Equality Act's comprehensive approach will:
a) Protect LGBT Americans from employment, housing, public accommodations, public
education, access to federal funding, and access to credit discrimination.
b) Give women equal access to public accommodation and public funds while not using
federal funds to encourage discrimination.
c) Update the definition of public accommodations to allow all individuals, including people
of color, full access and utilization of social and public places.
d) Ensure religion cannot be used as a justification for refusing service based on race, color,
religion, sex, nation original, sexual orientation, or gender identity.
4) Resolves that the Assembly and the Senate of the State of California, jointly, call upon the
United States Congress to pass the 2015 Equality Act.
5) Resolves that the Chief Clerk of the Assembly transmit copies of this resolution to the author
for appropriate distribution.
EXISTING LAW:
1) Federal law guarantees equal protection of the laws and prohibits discrimination based on
race, color, religion, sex, or national origin. (Public Law 88–352; 78 Statute 241.)
2) Provides that no person in the State of California shall, on the basis of race, national origin,
ethnic group identification, religion, age, sex, sexual orientation, color, genetic information,
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. (California Government Code 11135.)
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3) Provides, under the Unruh Civil Rights Act, that all persons within this state are free and
equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability,
medical condition, genetic information, marital status, sexual orientation, citizenship,
primary language, or immigration status, are entitled to the full and equal accommodations,
advantages, facilities, or services of all business establishments of every kind whatsoever.
Defines "sex" to include gender identity and gender expression. (California Civil Code
Section 51.)
4) Provides, under the California Fair Employment and Housing Act, that it is unlawful to
discriminate against or harass any person because of the race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, or genetic information of that person.
(California Government Code 12955.)
FISCAL EFFECT: This measure is keyed non-fiscal by the Legislative Counsel.
COMMENTS: The Civil Rights Act of 1964 bans segregation on the basis of race, color,
religion, gender, or national origin at all places of public accommodation and prohibits
discrimination by employers and labor unions and the use of federal funds for any discriminatory
program. The Civil Rights Act of 1964 was a monumental step for advancing the equal
treatment of Americans. After 52 years, however, the author believes that the law should be
amended in order to become truly inclusive and to specifically encompass LGBT Americans.
According to the author, the 2015 Equality Act, introduced as H.R. 3185 by U.S. Representative
David Cicilline of Rhode Island, will provide a much-needed update to the Civil Rights Act of
1964. This resolution urges Congress to pass the 2015 Equality Act.
Federal Anti-Discrimination Laws: While the United States Supreme Court gave all 50 states
marriage equality in Obergefell v. Hodges (2015) 135 S.Ct. 2071, LGBT Americans are still
faced with discrimination in employment, housing, public accommodation, education, access to
federal funds, access to credit, and the right to serve on a jury. Under current federal law, there
are no specific equal employment protections for LGBT Americans; instead states are given the
responsibly to pass anti-discrimination laws and mostly fail to do so. .
Religious Freedom Restoration Act: The federal Religious Freedom Restoration Act (RFRA)
was passed in 1993 a response to the U.S. Supreme Court's decision in Employment Division v.
Smith (1990) 494 U.S. 872. Prior to the Smith decision, the Supreme Court had issued a number
of decisions holding that, under the Free Exercise clause of the First Amendment, government
policies need to accommodate the rights of religiously observant persons, unless there was a
"compelling state interest" for not accommodating religious concerns. However, the Smith
decision, written by the late Justice Scalia, reversed this trend, holding that the state did not need
to show a compelling interest in order to discriminate on the basis of religion. As a response,
Congress passed RFRA. In essence, RFRA provides that a state must show a compelling state
interest in order to infringe upon a religious practice. Following the passage of RFRA, the U.S.
Supreme Court said RFRA did not apply to some actions of several states. (City of Boerne v.
Flores (1997) 521 U.S. 507.) Subsequently, states began passing their own RFRA laws.
Essentially, state RFRA laws go beyond the federal RFRA law by offering more protection for
religious freedom, as they are entitled to do under the City of Boerne decision, than the First
Amendment requires. In order to better balance religious rights and the right to be free of
discrimination, the 2015 Equality Act would stop organizations from using state RFRAs or
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similar laws as a reason to discriminate or refuse service on the basis of race, color, religion, sex,
national origin, sexual orientation, or gender identity.
California Anti-Discrimination Laws: While recently some states have been moving backwards
in terms of protecting rights for the LGBT community, California has been a consistent leader in
enacting legislation to ensure equal rights over the years. California law is consistent with the
2015 Equality Act and protects against discrimination in employment, housing, public
accommodations, funds, and services. Most notably, California's most important antidiscrimination laws, the Unruh Civil Rights Act and the Fair Employment and Housing Act,
have been amended to include sexual orientation and gender identity as protected classes. In
light of California's historic commitments in this area, it would seem entirely appropriate for
California to urge Congress to similarly update the federal Civil Rights Act of 1964.
Analysis Prepared by: Alexandria Smith-Davis, Thomas Clark / JUD. / (916) 319-2334 FN: 0003498