Tony Hoang

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Equality California Announces 2018 Sponsored Legislation, Focusing on the Health and Well-Being of California’s LGBTQ Community

Equality California announced its 2018 sponsored legislative package, including seven Assembly bills and one Senate bill. The proposed legislation focuses on the most vulnerable among the lesbian, gay, bisexual, transgender and queer (LGBTQ) community, addressing disparities in health and well-being that stem from longstanding discrimination and lack of acceptance towards the LGBTQ community.

“California must continue to serve as a beacon of hope for the rest of the nation,” said Rick Zbur, Executive Director of Equality California. “In Washington and across the country, the LGBTQ community faces attempts to roll back civil rights and cut programs that LGBTQ people depend on for their health and well-being. Now more than ever, our state must continue to make progress toward our goal of creating a world that is healthy, just, and fully equal for all LGBTQ people.”

Equality California is sponsoring the following legislation in 2018 with additional bills anticipated to be announced in coming weeks:

So-Called “Conversion Therapy” is Consumer Fraud – AB 2943 by Assemblymember Evan Low


For far too long, LGBTQ people have suffered psychological abuse by those who are entrusted to care for their emotional and psychological well-being. These dangerous practices, often referred to as “conversion therapy,” have no sound scientific basis and can cause lifelong damage. This bill would make clear that claiming to be able to change a person’s sexual orientation or gender identity is a fraudulent business practice that misleads consumers and exposes LGBTQ people to damaging psychological abuse.

Gender Health in Foster Care – AB 2119 by Assemblymember Todd Gloria


Child welfare agencies are required to assess the health needs of all young people in foster care, and to ensure they receive appropriate and timely care to address the needs identified by qualified professionals. This bill makes clear that, to meet this obligation for transgender and gender nonconforming youth, child welfare agencies must ensure access to clinicians who provide gender-affirming treatment consistent with established standards of care. Equality California is cosponsoring this bill along with the ACLU of California, the Los Angeles LGBT Center, Lambda Legal, and the National Center for Lesbian Rights.

LGBTQ Cultural Competency Training for Teachers and School Staff – AB 2153 by Assemblymember Tony Thurmond


This bill will provide California schools with resources to support LGBTQ students and create safer school environments. LGBTQ students have higher dropout rates than their non-LGBTQ peers and continue to report missing school because of safety concerns at higher rates than non-LGBTQ students. This legislation will give teachers and school staff the training they need to provide culturally competent support for students who may be facing harassment or lack of acceptance at school, rejection at home, or discrimination in the broader community. Schools are on the front line of providing a safety net against the effects of discrimination and lack of acceptance for the LGBTQ community, which can result in higher dropout rates, lower economic success, higher rates of homelessness, higher rates of substance abuse and suicide, and all the disparities in health and well-being that LGBTQ people face. If LGBTQ students have support in school, their likelihood of overcoming these disparities and succeeding later in life increases significantly.

Establishing Services for Youth Experiencing Homelessness – SB 918 by Senator Scott Wiener and Assemblymember Blanca Rubio


Four out of ten young people experiencing homelessness in California’s major cities identify as LGBTQ. SB 918 will establish $60 million in grants for housing, services and supports for youth experiencing homelessness and create the Office of Homeless Youth within the California Department of Housing and Community Development to oversee them. This bill will invest in low-barrier and diverse housing opportunities so each county can have an array of options for youth to escape homelessness. SB 918 also requires that participating programs be safe, inclusive, non-stigmatizing, and culturally competent to address the epidemic of LGBTQ youth homelessness. Equality California is cosponsoring this bill with California Coalition for Youth, the Corporation for Supportive Housing, Housing California, John Burton Advocates for Youth, and Tipping Point.

Recognizing the Needs of LGBTQ Older Adults – AB 2719 by Assemblymember Jacqui Irwin

This bill will ensure that LGBTQ older adults are recognized as a population in need of special attention, and that they can access the services and support they need to maintain their health and live their lives with dignity.

Suicide Prevention Training for Teachers and School Staff – AB 2639 by Assemblymembers Marc Berman & Patrick O’Donnell


This bill will establish standards for online training on suicide prevention for teachers and school staff to prepare them to assist young people when they need support most. The training must include a focus on high-risk populations, including LGBTQ youth.

Property Tax Equity for Same-Sex Partners – AB 2663 by Assemblymember Laura Friedman

This bill would provide retroactive relief to individuals who were registered as domestic partners in municipal jurisdictions and may have had their property taxes increased due to the death of a partner. AB 2663 seeks to bring equity to locally registered domestic partners who may not have registered with the state during a certain time period and ensure they can continue to afford their homes.

Updating Local Hate Crimes Policies – AB 1985 by Assemblymember Phil Ting


AB 1985 will help empower local communities to reduce rates of hate crimes. This bill provides guidance for local law enforcement agencies to update and strengthen their policies on hate crimes, focusing on recognizing hate crimes when they have occurred, engaging in appropriate response given the targeted community and the broader community, and fostering a community environment that prevents future hate crimes and incidents from occurring. Equality California is cosponsoring this bill with The Arc and United Cerebral Palsy in California.

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Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

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Equality California Endorses Candidates in California State Senate and Assembly Races

Today, Equality California announced the endorsement of four pro-equality candidates for California State Senate and Assembly offices.

“To continue to advance LGBTQ equality, Equality California endorses candidates for public office who have demonstrated a 100% commitment to fighting for our community” said Rick Zbur, Executive Director of Equality California. “The candidates we have endorsed today will make California stronger by fighting for the rights of all Californians, including those of the LGBTQ community.”

The candidates are as follows:

Senate District 12

Equality California endorses Anna Caballero for California Senate District 12. Caballero currently represents Assembly District 30 and previously served as secretary of the California Business, Consumer Services, and Housing Agency. She is a former mayor of the city of Salinas and former Assemblymember representing Assembly District 28. During her time in the Assembly, she has received an Equality Score rating of 100% each year she served. Caballero has been a public and steadfast ally of the LGBTQ community for more than a decade. Both as a Mayor and as Assemblymember, she was an early and vocal supporter of marriage equality in a socially conservative district. She was one of the first LGBTQ officials in the Salinas Valley to support LGBTQ civil rights and marched as grand marshal in Salinas’ first-very LGBTQ pride parade. She serves on the board of directors of the Equality California Institute.

“Anna Caballero has a long history of advocating for LGBTQ equality as a public official and has been a strong voice and champion for our community in the rural communities she represents,” stated Rick Zbur, Executive Director of Equality California. “Her 100% pro-equality voting record in the Assembly speaks for itself, and we look forward to her continued leadership in the fight for equality in the California Senate.”

Assembly District 30

Equality California endorses Robert Rivas for California’s Assembly District 30. Rivas currently teaches at Gavilan Community College, is the Student Support Manager at San Benito High School, and serves on the San Benito County Board of Supervisors. As Supervisor, Rivas has been an outspoken advocate for LGBTQ rights and programs to meet the needs of the LGBTQ community. Rivas led the effort to create the first LGBTQ resource center in San Benito County, served on a regional LGBTQ taskforce organized by Assemblywoman Anna Caballero, and worked to develop local partnerships in his community to create ongoing discussions about LGBTQ issues. From his experience working in education, Rivas understands the key role school districts play in identifying and supporting at-risk LGBGTQ youth and is committed to implementing programs in our schools to assure that all schools are safe and supportive for all students.

“Robert Rivas has been an outspoken advocate to assure that government programs meet the needs of LGBTQ people in his rural community,” said Rick Zbur, Executive Director of Equality California. “As a member of the San Benito County Board of Supervisors, he has demonstrated his strong commitment to the LGBTQ community and we look forward to his continued leadership as a member of the California Assembly.”

Assembly District 38

Equality California endorses Christy Smith for California’s Assembly District 38. As a member of the Newhall School Board, she advocated and supported policies to make schools safe and secure for LGBTQ students. When elected to the Assembly, she has promised to take steps to assure full implementation of the FAIR Education Act and to work to create LGBTQ cultural competency training programs for government workers and public safety officials so that they are able to better serve the LGBTQ community.

“Christy Smith will be a strong ally to the LGBTQ community as a California Assemblymember,” said Rick Zbur, Executive Director of Equality California. “Her commitment to improve government programs that serve the LGBTQ community by implementing LGBTQ cultural competency trainings and instructional materials in schools will improve the lives of LGBTQ youth and people.”

Assembly District 44

Equality California endorses Jacqui Irwin for reelection to California’s Assembly District 44. Throughout her career in public service, Irwin has been an effective advocate for the communities she represents, working across party lines to advance LGBTQ equality, improve public safety, and increase access to quality, affordable education. As an Assemblymember, she worked to increase funding in California Community Colleges to help close achievements gaps for students, including LGBTQ youth, who often face financial barriers to pursuing higher education. In 2016, she authored AB 2524, which requires criminal justice data, including details on hate crimes based on a victim’s sexual orientation or gender identity, to be publicly available online to help ensure better policing, public awareness, and public policy to end violence towards the LGBTQ community.

“Assemblymember Irwin has been a dedicated ally to the LGBTQ community, focused on improving equality, opportunity, and safety for LGBTQ Californians, said Rick Zbur, executive director of Equality California. “Working across party lines, Irwin has fought to provide quality, affordable education for LGBTQ students, and authored legislation to increase access to criminal justice data, including anti-LGBTQ hate crimes, to help improve policing, and address violence against LGBTQ people. We look forward to continuing our partnership to advance LGBTQ equality.”

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Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

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Supporters of Wendy Carrillo Launch Homophobic Smear Campaign Against Luis Lopez in Assembly District 51 Race

In response to homophobic campaign tactics by supporters of Wendy Carrillo against openly gay candidate Luis Lopez in the race for California Assembly District 51, HONOR PAC President Mario Ceballos and Equality California Executive Director Rick Zbur issued the following joint statement:

“We are disgusted to see yet another homophobic smear campaign rear its ugly head, this time launched by supporters of Wendy Carrillo against openly gay candidate Luis Lopez in the race for California Assembly District 51. In campaign mailers and digital communications, supporters of Wendy Carrillo attacked the integrity not only of Luis Lopez, but also of Equality California and members of California’s LGBT Legislative Caucus, conveying false information to voters about the funding of his campaign. It is part of a well worn playbook for opponents of LGBTQ candidates in California and across the country to play on anti-LGBTQ bias to win votes by attacking the integrity of LGBTQ people with the false narrative that we cannot be trusted. In this era where Trumpian election tactics portraying LGBTQ people and members of vulnerable communities as untrustworthy and “other” has become commonplace throughout the country, it is particularly troubling that these tactics are being used right here in California to attack an openly gay candidate based on false information. Let us be clear. The smear campaign engaged in by supporters of Wendy Carrillo is homophobic, false and wrong. The message that a gay man cannot be trusted containing false and misleading hits on LGBTQ organizations and LGBTQ elected officials that support him is intended both to intimidate LGBTQ people from participating in the electoral process and to achieve electoral advantage due to anti-LGBTQ bias and homophobia. Attacks like this are also intended to undermine LGBTQ leadership organizations, and thus the LGBTQ community, because these are the organizations that protect and advance our community’s needs and interests.

We call on Wendy Carrillo to publicly denounce these activities, and call on her supporters to stop the smear campaign. The best way for LGBTQ people and our allies to reject these homophobic tactics is to rise up and go to the polls and vote for Luis Lopez. We must send a message that Californians will not tolerate campaigns that play on anti-LGBTQ bias and homophobia.”

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Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

Founded in 2005, HONOR PAC advocates for the political empowerment of the Latino/a LGBT community by endorsing and financially supporting candidates who are committed to advancing Latina/o and LGBT rights in California. Since its founding, HONOR PAC has endorsed and supported of candidates across the country for local, state, and federal positions, establishing itself as the premiere Latino/a LGBT Political Action Committee in California. For more information please visit www.honorpac.org.

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Every Single Week, 850 Dreamers Lose Their DACA Protections

In theory, Dreamers — undocumented young people whose parents brought them to the United States before December 31, 2016 and before their 16th birthday — are safe until March 6, 2018 because Trump promised that none would be deported until his six-month deadline for Congress to “fix” the Deferred Action on Childhood Arrivals (DACA) program had passed.

But in practice, Immigration and Customs Enforcement (ICE) has been arresting and detaining Dreamers for weeks now. An unknown, but undoubtedly significant, percentage of people who are caught up in ICE are LGBTQ. This is because, as numerous studies have demonstrated, LGBTQ people have higher rates of contact with law enforcement due to a combination of discriminatory realities and laws. LGBTQ youth facing lack of acceptance and hostility in their communities, schools and in their own homes are more likely to drop out of school and leave their homes, leading to astoundingly high rates of LGBTQ homelessness and unemployment and leave many in our community with few other options than to turn to survival sex and illegal substance sales to provide for themselves.

Once arrested, local jails in many jurisdictions routinely verify immigration status and hold immigrants for ICE, some because they are required to do so by statute.

Equality California and a wide range of LGBTQ organizations have been urging Senate and House leadership to pass the Congressional “fix” that Trump demanded before year’s end. We estimate there are nearly 75,000 LGBTQ Dreamers in California alone.

There are several DACA-related bills pending, but by far the best is the bipartisan DREAM Act (HR 3440), introduced by California Rep. Lucille Roybal-Allard (D-CA-40), because it would provide eligible Dreamers with an eventual path to permanent legal status. Roybal-Allard’s proposal, cosponsored by virtually every House Democrat and a handful of Republicans, is widely supported by corporate leaders, particularly those in the tech industry, labor, universities, the faith community and progressive organizations.

The current Congress seems unlikely to pass a “clean” Dream Act (i.e. one that does not contain onerous amendments such as funding for the border wall or a militarization of the border) as stand-alone legislation. But chances are good that a legislative solution for Dreamers will be appended to an omnibus spending bill in December, which will probably include additional border security provisions.

But serious harm has already been caused in the weeks since Trump slammed the doors shut. Nearly 22,000 others (one in seven DACA recipients) did not reapply by October 5 deadline – some were afraid, others could not afford the $500 application fee, many were dislocated by hurricanes and California wildfires, and still others mailed in applications but they were not received in time. They are now frozen out of the system and are at high risk for arrest and deportation.

As a result, every single week since October 5, some 850 young people have been losing their DACA protections which have allowed them to legally work, attend school, receive in-state tuition and drive. And of course, thousands of others were ineligible to apply for DACA in the first place, including those who had been brought to the U.S. between the ages of 16 and 18 – still minors, but too old to qualify.

LGBTQ people who are deported to their “home countries” – places they may never have lived and have few connections – could find themselves with little to no legal rights and at risk for anti-LGBTQ violence and possibly death. Nearly 80 countries criminalize same-sex relationships and many without explicit anti-LGBTQ laws are very dangerous. The Inter-American Commission on Human Rights reported, for example, that nearly 600 people died from anti-LGBTQ violence in Latin America in just one 15-month period (January 2013 to March 2014).

In the absence of far more generous and comprehensive immigration reform, Equality California has called on Congress to pass a clean Dream Act before year’s end. We are also committed to supporting statewide efforts to protect undocumented people, including the parents and family members of Dreamers.

Resources:

Equality California: https://www.eqca.org/equality4all/

ACLU: https://www.aclu.org/know-your-rights/what-do-if-immigration-agents-ice-are-your-door

United We Dream: https://unitedwedream.org/

CHIRLA, Coalition for Humane Immigrant Rights in Los Angeles: http://www.chirla.org/

TheDream.Us:   http://www.thedream.us/resources/

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Equality California Endorses Candidates in California Statewide Races

“Our elected officials are crucial to the continuous fight for LGBTQ equality in California and our country,” said Rick Zbur, Executive Director of Equality California. “The candidates we have endorsed are strong allies of the LGBTQ community and have proven records of supporting LGBTQ equality and social justice. We know that each of them will continue to fight for the LGBTQ community in California.”

The candidates endorsed by Equality California are as follows:

Fiona Ma [State Treasurer]

Equality California endorses Fiona Ma for California State Treasurer. Ma currently serves on the State Board of Equalization, and formerly served on the San Francisco Board of Supervisors and in the California State Assembly. As an Assembly member, she co-authored SJR 9 in 2007 which called on Congress to adopt a policy of nondiscrimination based on sexual orientation and called for the repeal of the United States Military’s Don’t Ask, Don’t Tell policy. In 2012, she was a co-author of SB 1172, Equality California sponsored legislation that banned conversion therapy for minors.

“Fiona Ma has been a long-time champion for the LGBTQ community and was awarded the Equality Ally award by EQCA in 2007,” said Rick Zbur, “We are confident Fiona Ma will continue to be a steadfast ally as our State Treasurer.”

 Betty Yee [State Controller]

Equality California endorses the re-election of Betty Yee for California State Controller. Yee has dedicated herself to public service for over 30 years, and her work on the State Board of Equalization and various other state boards and commissions has rightly earned a reputation as one of the most capable and effective elected officials in our state. She has been a life-time supporter of the LGBTQ community, and, as an elected official, has been an exceptional champion of fairness and equality for LGBTQ Californians. Of her significant contributions, we are especially grateful for her work in advancing tax equality for same-sex couples as a member of the Board of Equalization. She has also served with distinction for many years on the board of directors of Equality California Institute, EQCA’s educational affiliate, where she led the search for new staff leadership in 2012.

“Betty Yee is one of the LGBTQ community’s most dedicated and steadfast allies,” said Rick Zbur. “A recipient of Equality California’s Ally Leadership Award in 2014, her steadfast commitment to the LGBTQ community and continual efforts to support equality characterize her public service in every capacity, and we are delighted to endorse her re-election.”

 Alex Padilla [Secretary of State]

Equality California endorses Alex Padilla for re-election as California Secretary of State. Alex Padilla publicly campaigned against Proposition 8 which called for a state constitutional ban on same-sex marriage. As a former state senator, he strongly supported the School Success and Opportunities Act, which protects transgender students and allows them to fully participate in school, and he earned a 100% Equality voting record when he served in the legislature.

“Equality California is proud to endorse Alex Padilla for Secretary of State,” said Rick Zbur. “He has advocated for LGBTQ youth and the LGBTQ community throughout his career in both the state legislature and as Secretary of State. His work to expand and protect voting rights for all Californians affects each and every one of us.”

Tony Thurmond [Superintendent of Public Instruction]

Equality California is proud to endorse Tony Thurmond for California Superintendent of Public Instruction. Tony Thurmond currently serves in the California State Assembly and formally served on the Richmond City Council and the West Contra Costa Unified School Board. This past year he was a joint author on Senator Ricardo Lara’s bill SB 396, the Transgender Work Opportunity Act, which made California the first state in the country to require LGBTQ+ employment diversity training. Throughout his time in the California Assembly, Tony Thurmond has had a perfect 100% Equality voting record.

As State Superintendent of Public Instruction, Thurmond has promised to support and advocate for funding of programs that train teachers, school counselors, and administrators about how to better serve and protect LGBTQ students who face low rates of school success, bullying, and high rates of suicide risk.

“Tony Thurmond understands the importance of protecting LGBTQ students and making all schools safe, and inclusive places to learn,” said Rick Zbur. “With high rates of bullying, suicide, and school drop outs experienced by LGBTQ students, we need a strong advocate for LGBTQ youth leading the Department of Education. Equality California endorses Tony Thurmond because he will work tirelessly for LGBTQ and all youth.”

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Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

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Lisa Middleton Wins Election to Palm Springs City Council to Become First Openly Transgender Person Elected to Non-Judicial Office in California

Palm Springs City Council Candidate Lisa Middleton will become the first out transgender person elected to a non-judicial office in California with her commanding first place win in today’s election. Additionally, Palm Springs City Council Candidate Christy Holstege will become another LGBTQ voice on the Palm Springs City Council as the winner of the second open seat. Equality California endorsed both candidates and spent thousands of dollars in direct contributions, independent expenditures and member-to-member communications to help elect them.

Equality California Executive Director Rick Zbur issued the following statement in response to tonight’s victory:

“In light of the repeated attacks on transgender people from the federal government, tonight’s wins by Lisa Middleton in Palm Springs and other transgender candidates in Minneapolis and Virginia are a beacon of hope that voters have embraced values of equality and inclusion. By becoming the first out transgender person to be elected to a non-judicial office in California, Lisa is paving the way for others to follow in her footsteps in California and across the nation. Her first place finish out of a field of 6 candidates demonstrates that a glass ceiling for transgender people who want to serve in elected office was not only broken, but was shattered in Palm Springs.

With the election of Lisa and Christy Holstege, the city of Palm Springs will now be represented by a city council that is 100% LGBTQ. At Equality California, we know that representation matters. That’s why we endorse and work to elect highly qualified LGBTQ candidates at the local level. One of our top organizational goals is to build the bench of LGBTQ elected officials to prepare them to run for higher office. To achieve that in Palm Springs, we spent thousands of dollars in direct contributions, independent expenditures and member-to-member communications in support of both candidates. In 2018, we hope to build on tonight’s success by electing more LGBTQ candidates and pro-equality allies up and down the ballot across California.”

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Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

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Equality California Legislative Scorecard Holds Legislators Accountable for 2016 LGBT Votes

Equality California today released its Annual Report and Legislative Scorecard for 2016, giving a snapshot of the organization’s programs and achievements in 2016 and rating lawmakers on how they voted on Equality California’s highest priority legislation.

The Annual Report documents Equality California’s robust growth over past three years, from a total revenue of $2.0 million in 2014 to $3.9 million in 2015 to $6.4 million in 2016. It also details Equality California’s many achievements in 2016, including the passage of 8 pieces of legislation in Sacramento that advance LGBT equality and social justice. Our annual report highlights our work to register LGBT voters, elect pro-equality candidates at every level of government, reduce stigma for people living with HIV, advance fair and equitable immigration policies, and ensure that schools and health care providers are meeting the needs of LGBT people. As our annual report indicates, we expanded our federal advocacy efforts with the addition of a Washington, D.C.-based national policy director, and the growth of programs addressing the needs of the LGBT community and the challenges facing LGBT people.

2016 Scorecard ratings were based on how legislators voted on 8 sponsored bills, two sponsored resolutions and two opposed bills. This year, 44 of the Assembly’s 52 Democrats and 21 of 26 Democratic senators scored a pro-equality rating of 100 percent from Equality California. The score for Senate Democrats decreased slightly, from a perfect 100 percent Equality Score in 2015 to 98 percent, chiefly due to votes by a number of Democratic legislators on SB 1146, which requires religious universities to publicly disclose whether they have a “license to discriminate.” While only one Republican lawmaker received a 100-percent rating this year, bipartisan support overall increased over last year, particularly in the Assembly, where Republicans went from 34 percent support on average last year to 39 percent this year. Governor Jerry Brown earned a score of 100 percent, having signed all eight pieces of Equality California-sponsored legislation that crossed his desk.

“2016 was a great year for Equality California,” said Rick Zbur, the organization’s executive director. “We mounted the most vigorous candidate electoral effort in the history of the organization, expanded into Washington, D.C., and broadened our programs addressing the disparities that LGBT people continue to face in health and wellbeing when compared to the general public. Our Equality Scorecard gives members of the LGBT community and our allies the tools to understand which legislators are voting to advance LGBT equality and hold others accountable.

Each piece of legislation that Equality California sponsored in 2016 advances the organization’s mission of achieving full equality and acceptance for LGBT people inside and outside of California; reducing the disparities in health and wellbeing suffered by the LGBT community; and working for a fair and just society for LGBT people and all the communities of which we are a part.

Please click here to view the full Annual Report and Legislative Scorecard.

 

Bill to Modernize Discriminatory HIV Criminalization Laws Passes First Major Hurdle

A bill that would modernize California’s laws that criminalize and stigmatize people living with HIV today cleared its first major legislative hurdle. The Senate Public Safety Committee approved Senate Bill (SB) 239 by a vote of 5-2. The bill is authored by Sen. Scott Wiener (D-San Francisco) and Asm. Todd Gloria (D-San Diego) and cosponsored by the ACLU of California, APLA Health, Black AIDS Institute, Equality California, Lambda Legal and Positive Women’s Network – USA. The organizations are part of Californians for HIV Criminalization Reform (CHCR), a broad coalition of people living with HIV, HIV and health service providers, civil rights organizations and public health professionals dedicated to ending the criminalization of HIV in California. SB 239 is also co-authored by Senators Toni Atkins (D-San Diego), Nancy Skinner (D-Berkley) and Holly Mitchell (D-Los Angeles) and Assemblymembers David Chiu (D-San Francisco) and Susan Eggman (D-Stockton.)

“HIV is a public health issue, not a criminal justice issue. These laws, which stigmatize people living with HIV and discourage people from getting tested and into treatment, need to go. It’s time for California to lead, and to send a clear signal that we are taking a science-based approach and not a fear-based approach in how we treat HIV,” said Senator Scott Wiener. “I want to thank Equality California and the entire coalition supporting this incredibly important bill for their partnership.”

SB 239 would update California criminal law to approach transmission of HIV in the same way as transmission of other serious communicable diseases. It also brings California statutes up to date with the current understanding of HIV prevention, treatment and transmission. Specifically, it eliminates several HIV-specific criminal laws that impose harsh and draconian penalties, including for activities that do not risk exposure or transmission of HIV.

“With today’s approval by the Senate Public Safety Committee, we become one step closer to making state law less stigmatized and more equitable,” said Assemblymember Todd Gloria. “Make no mistake, SB 239’s purpose is to encourage more Californians to get tested for HIV. Anything that impedes that – like the shame and fear codified in our current statute – must be changed. I am grateful to the members of the Senate Public Safety Committee, Equality California, and all of the supporters of this bill who helped make today’s success possible.”

Legislators passed a number of laws three decades ago at the height of the HIV epidemic that criminalized behaviors of people living with HIV or added HIV-related penalties to existing crimes. These laws were based on fear and on the limited medical understanding of the time. When most of these laws were passed, there were no effective treatments for HIV and discrimination against people living with HIV was rampant. Current treatments for HIV-positive people leave them virtually incapable of transmitting the virus and preventative treatments such as PrEP (pre-exposure prophylaxis) for HIV-negative people reduce risk of contraction by up to 99 percent.

“Our understanding of HIV and its transmission has improved by quantum leaps since these laws were enacted,” said Rick Zbur, executive director of Equality California. “California’s HIV criminal laws do not further public health but instead stigmatize people living with HIV and discourage testing and necessary medical care. It’s time to bring California’s HIV laws into the 21st century.”

SB 239 now moves on to the Senate Appropriations Committee.

In addition to the organizations sponsoring the bill, it is currently supported by CHCR members which include the Los Angeles LGBT Center, the Los Angeles HIV Law and Policy Project, the Transgender Law Center, Mexican American Legal Defense and Education Fund (MALDEF), the Free Speech Coalition, Sex Workers Outreach Project (SWOP) and Erotic Service Providers Legal, Education, and Research Project (ESPLERP).