California gay law
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Insurers would be prohibited from imposing preauthorization requirement for coverage, and from denying, limiting, or qualifying coverage or increasing premiums for disability, long-term care, or life insurance policies for people on PrEP. The legislation would request the same of University of California campuses.
The bill would also prohibit the California State University campuses from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of gender affirmation than it would be to make a change otherwise.
The law mandates that there be a sufficient number of all-gender restrooms available for students and that they remain unlocked during school hours.
Under current law, schools are not explicitly required to provide gender-neutral restrooms, according to state Sen. Josh Newman, who is behind the legislation.
"As a consequence, the frequent lack of easily accessed, explicitly gender-neutral restrooms at schools across the state remains problematic for students who do not identify with the traditional binary genders," said Newman in a press release.
SB 857: LGBTQ advisory task force in schools
This law will require the Superintendent of Public Instruction to form an advisory task force to identify statewide needs of LGBTQ+ students and make recommendations on policies that will be supportive for their well-being.
By sealing the name and gender marker change records, we are bringing the courts in line with the laws around schools not outing students ... Caregivers will need to complete training -- before being approved to be a caregiver and every year after -- that offers the necessary knowledge and skills to support children of all identities and abilities.
"Foster youth have a right to be placed in out-of-home care according to their gender identity and the right to have caregivers that have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care," read the legislation.
It continued, "LGBTQ foster youth are currently being placed in non-affirming families that have been approved by counties and the state, causing additional harm and trauma."
AB 760: Gender identity affirmation
This law will require California State University campuses to be able to allow current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification starting in this 2023–24 academic year.
“We are thankful to our legislative partners for championing these important bills and to Governor Newsom for continuing to be such a strong ally in improving and protecting the wellbeing of the LGBTQ+ community as we face growing attacks from far-right extremists.”
The full list of bills signed by the Governor can be found below:
- AB 5 by Assemblymember Rick Chavez Zbur (D-Los Angeles) – The Safe and Supportive Schools Act.
- AB 223 by Assemblymember Christopher Ward (D-San Diego) – Change of gender and sex identifier.
- AB 760 by Assemblymember Lori Wilson (D-Fairfield) – Public postsecondary education: affirmed name and gender identification.
- AB 783 by Assemblymember Philip Ting (D-San Francisco) – Business licenses: single-user restrooms.
- AB 994 by Assemblymember Corey Jackson (D-Moreno Valley) – Law enforcement: social media.
- SB 372 by Senator Caroline Menjivar (D-San Fernando Valley/Burbank) – Department of Consumer Affairs: licensee and registrant records: name and gender changes.
- SB 407 by Senator Scott Wiener (D-San Francisco) – Foster care: resource families.
- SB 760 by Senator Josh Newman (D-Fullerton) – School facilities: all-gender restrooms.
- SB 857 by Senator John Laird (D-Santa Cruz) – Advisory task force: LGBTQ+ pupil needs.
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California passes slate of LGBTQ protections
California Gov.
Gavin Newsom recently signed a slate of legislation that strengthens protections for LGBTQ Californians.
“California is proud to have some of the most robust laws in the nation when it comes to protecting and supporting our LGBTQ+ community, and we’re committed to the ongoing work to create safer, more inclusive spaces for all Californians,” said Newsom on Saturday.
It would empower the Attorney General to bring a civil action against any violator and create a private right of action for any person harmed to obtain injunctive relief, damages, and attorneys’ fees.
Status: Passed by the House223-205, but the Senate took no action.
Global Respect Act [SUPPORT] – H.R.
3485 by Representative David Cicilline [D-RI] and S. 2277 by Senators Jeanne Shaheen [D-NH]
The GRA would impose visa sanctions on foreign individuals who have committed gross human rights violations against LGBTQI+ people. 8556 bySenator Dianne Feinstein [D-CA]
The Respect for Marriage Act would guarantee federal recognition of any married couple’s legal rights, benefits, and protections, even if they live in a state that outlaws same-sex marriage.
Finally, it would require federal funding to uninsured/underinsured individuals access to prescription drugs and related services that prevent HIV.
Status: Introduced in the Senate on December 1, 2021 and the House on January 6, 2022.
Equal Access to Abortion Coverage in Health Insurance (EACH) Act [SUPPORT] – H.R.
2234 by Representative Barbara Lee (D-CA) and S. 1021 by Senator Tammy Duckworth (D-IL)
The EACH Act would restore abortion coverage who receive health care or insurance through the federal government by repealing the Hyde Amendment, and prohibit state or local governments from restricting coverage of abortion by private health insurance plans.
Status: Introduced in the Senate on March 25 and the House on March 26, 2021
U.S.
An effort to pass the bill by unanimous consent was blocked by Senator James Lankford (R-Okla.)
My Body, My Data Act [SUPPORT] – H.R. 8111 by Representative Sara Jacobs [D-CA] and S. 4434 by Senators Mazie Hirono [D-HI] and Ron Wyden [D-OR]
This abortion-related bill limits the amount of personal reproductive health data collected by apps and websites could be used to target or arrest people if abortion is criminalized, incl menstruation, ovulation, and pregnancy tracking apps each month.
Coverage requirements would also apply to Medicare, Medicaid, and the Children’s Health Insurance Program. “Transgender and nonbinary youth are navigating a world of hate daily. The Supreme Court seems likely to gut DACA in its upcoming term (United States v Texas).
National Origin-Based Anti-Discrimination for Nonimmigrants Act (NO BAN) Act [SUPPORT] – H.R.
1333 by Representative Judy Chu (D-CA) and S. 1891 by Senator Chris Coons [D-DE]
The NO BAN Act seeks to limit presidential power and increase accountability under the Immigration and Nationality Act by prohibiting discrimination on the basis of religion and national origin whenever a president suspends the entry of individuals into the U.S.
Status: Passed by the House 218-208, but the Senate took no action.
It addresses maternal health, mental health crises, and gun violence and strengthens data collection.
Status: Introduced in the House on June 29, 2022.
Credit Reporting Accuracy After a Legal Name Change Act [SUPPORT] – H.R. 8478 by Representative Ayana Pressley [D-MA]
Many transgender and nonbinary consumers encounter serious problems with their credit reports after a legal first name change.
Efforts to include a gun control provision to close the “boyfriend loophole” altogether were unsuccessful.
Status: VAWA renewal through 2027 was signed into law as port of the FY2022 Omnibus spending bill.
Women’s Health Protection Act [SUPPORT] – H.R. 8296 by Representative Judy Chu (D-CA) and S.
4132 by Senator Richard Blumenthal (D-CT)
The slightly revised WHPA [formerly H.R. 3755] writes the right to abortion into federal law and provides clear guidance to states and courts about the rights of medical providers to deliver abortion services free from medically unnecessary and burdensome restrictions (waiting periods, ultrasounds, hospital admitting privilege requirements).
Status: In the wake of the Dobbs decision striking down Roe, Democrats slightly revised WHPA and again passed it 219-210, but the Senate took no action.
Ensuring Access to Abortion Act [SUPPORT] – H.R.
8297 by Representative Lizzie Fletcher [D-TX]
This bill would prohibit any government or private entity from restricting or impeding a person’s right to travel across state lines to obtain an abortion, as well as anyone assisting the pregnant person or any healthcare provider. I appreciate the Governor’s partnership in signing some of our priority and endorsed legislation today, and hope we can continue to educate about the harm LGBTQ+ people will continue to face if we fail to act,” said Senator Susan Talamantes Eggman, Chair of the California Legislative LGBTQ Caucus.
“While states across the nation are passing legislation that puts LGBTQ+ people and especially youth at risk, California is sending a clear message today — hate-filled attacks will not be tolerated and we will continue protecting and ensuring the safety of all members of the LGBTQ+ community,” said Equality California Executive Director Tony Hoang.
Lee’s rewritten bill (formerly H.R. 1305) would provide funding for states to reform their existing criminal and civil laws that target people living with HIV for behavior that is otherwise legal (such as consensual sex between adults) or that poses no measurable risk of HIV transmission.
Status: Introduced in the House on December 1, 2021.
PrEP Access and Coverage Act [SUPPORT] – H.R.
6117 by Representative Adam Schiff [D-CA] and S. 3295 by Senator Tina Smith [D-MN]
This bill would require private health insurance plans to cover prescription drugs that prevent HIV, incl related screenings, diagnostic procedures, fees, and clinical follow-ups, without cost-sharing for the plan holder. Many veterans were given a status of “other than honorable” when discharged under Don’t Ask, Don’t Tell, became pregnant while serving, or due to reasons associated with mental illness, including PTSD.
Status: Introduced in the House on August 12, 2022.
Governor Newsom Signs Legislation Supporting LGBTQ+ Californians
SACRAMENTO – Governor Gavin Newsom today announced that he has signed legislation strengthening protections and supports for LGBTQ+ Californians, including measures to better support vulnerable youth.
The measures include AB 5 by Assemblymember Rick Chavez Zbur (D-Los Angeles), which sets implementation timelines for required LGBTQ+ cultural competency training by public school teachers and staff.
Citizenship Act of 2021 [SUPPORT] – H.R. 1177 by Representative Linda Sánchez (D-CA) and S. 348 by Senator Bob Menendez (D-NJ)
This comprehensive immigration reform bill would provide an earned path to citizenship, address the root causes of migration, and reform the visa system and prohibit discrimination against LGTBQ+ people and families.
It also funds legal services and support for trauma-informed law enforcement response and housing stability and economic security for victims. “These measures will help protect vulnerable youth, promote acceptance, and create more supportive environments in our schools and communities. This bill would prohibit credit bureaus from disclosing former names in credit reports used by lenders, landlords, or hiring managers.
Status: Introduced in the House on July 22, 2022.
Commission on Equity and Reconciliation [SUPPORT] – H.R.
1596 by Representative Mark Takano (D-CA) and S. 2188 by Senator Richard Blumenthal [D-CT]
This renamed bill would establish a commission to investigate the historic and ongoing impact of military discrimination on LGBTQ servicemembers and veterans.
Status: Introduced in the House on March 3 and in the Senate on June 23, 2021.
Securing the Rights our Veterans Earned (SERVE) Act [SUPPORT] – H.R.
5170 by Representative Chris Pappas [D-NH]
The SERVE Act would ensure access to VA benefits and programs to many veterans whose discharge status unfairly prevents them from successfully them.