Ab 458 Fact Sheet California Did You Know

LGBT rights in California

Map of USA CA.svg

California (Usa)

Status Legal since 1976
Gender identity Transgender persons allowed to alter legal gender
Discrimination protections Sexual orientation and gender identity or expression protections (see below)
Family rights
Recognition of relationships Same-sex marriages since 2013;
Domestic partnerships since 1999
Adoption Same-sex couples may adopt

California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Aforementioned-sex sex activity has been legal in the land since 1976. Bigotry protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without whatever medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.

California became the beginning country in the U.S. to legalize domestic partnerships between same-sex couples in 1999. Aforementioned-sex activity marriage was legalized in 2008 for five months until voters approved a ban in Nov of the aforementioned year. Later on the U.S. Supreme Courtroom refused to recognize the legal continuing of same-sex wedlock opponents on June 26, 2013, the ban was no longer enforceable, allowing same-sex marriages to recommence starting on June 28.[1] Same-sex adoption has also been legal statewide since 2003, permitting stepchild adoption and joint adoption between same-sex activity couples.

In 2014, California became the start country in the U.S. to officially ban the use of gay panic and transgender panic defenses in murder trials.[2] Public schools are besides required to teach almost the history of the LGBT community and transgender students are allowed to choose the advisable restroom or sports squad that friction match their gender identity. Almost support for LGBT rights can exist seen in the largest cities, such every bit Los Angeles, San Diego, and San Francisco, equally well every bit many cities on the Pacific coast. A 2017 survey from the Public Religion Inquiry Plant showed that 66% of Californians supported same-sex activity marriage.

California anti-LGBT travel bans [edit]

In 2021, California legally banned not-essential taxpayers funded travel to several more than The states states over anti-LGBT legislation that was implemented. Laws passed, signed and implemented allow this to be done within California back in 2016. Several U.s.a. states such as Texas, take filed numerous lawsuits over this - only are nonetheless to receive any action in both country and federal jurisdictional courts.[3] [iv] [5] [ unreliable source? ]

History and legality of same-sexual activity sex activity [edit]

Harvey Milk was one of the earliest known LGBT activists in California and the United states of america, and the first LGBT elected official in the state.

Prior to European settlement and colonization in the 18th century, numerous Native American groups lived in the region. Amidst these, many recognize a "3rd gender" role in their societies (nowadays too chosen "two-spirit"). Male-bodied individuals who deport and act as women and perform typically feminine tasks are known as yaawa among the Atsugewi, kwit or cuit among the Luiseño, tüdayapi among the Northern Paiute, clele amongst the Wailaki, 'aqi amidst the Chumash, wergern among the Yurok, and í-wa-musp among the Yuki people. Female-to-male individuals are known as brumaiwi among the Astugewi and musp-íwap náip among the Yuki. Similarly, among the Nomlaki and the Klamath and Modoc peoples, respectively, walusa and t'winiːq individuals form a "third gender" aslope male and female. The Yokuts recognize similar terms. In the Kings River Yokuts language, it is tonoo'tcim, whereas it is tonocim in the Palewyami linguistic communication. There were no known legal or social punishments for engaging in homosexual activity in these societies.

Sodomy laws were kickoff enacted during the Spanish period. The full general openness or indifference towards homosexuality apace disappeared with the arrival of Christianity, which has traditionally regarded homosexuality as sinful. In 1850, presently later having joined the U.s., California adopted a criminal code prohibiting sodomy, both heterosexual and homosexual, with ane to 14 years' imprisonment. Over the following years, numerous people were convicted of sodomy, and the state law was amended to include fellatio (oral sexual activity) and cunnilingus in 1915.[half-dozen]

In 1909, California passed a law providing for the possible sterilization of "moral or sexual perverts". Past 1948, 19,042 people had been sterilized nether the police force.[6] In 1950, the country Chaser General issued an opinion that sterilization of inmates for reasons other than therapeutic was probably unconstitutional. At that time, California accounted for the well-nigh sterilization cases of any state, having more all states combined. In 1951, the law was amended to remove "perversion" equally a ground for sterilization.

From the mid-20th century onwards, debate surrounding the sodomy law became increasingly more mainstream.[vi] A bill was introduced in 1975 to repeal the state's sodomy statute.

In 1972 and 1974, California voters opted to improve the State Constitution's Annunciation of Rights to include "inalienable rights" such as "life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining prophylactic, happiness, and privacy." A consenting adult constabulary for residents over eighteen years old, which restricted existing laws on sodomy or oral copulation for same-sex activity or opposite-sexual activity couples to genuinely criminal instances solitary, was passed in May 1975 and took consequence the following year.[seven]

Even so, a discrepancy involving the historic period of consent exists under Californian law. The law states that if an adult is convicted of consensual vaginal intercourse with a modest between the age of 14 and 17, and if the adult is within 10 years of the minor, the guess can determine whether the person should be listed on the sex offender registry. On the other mitt, if a gay man has consensual sex with a modest, 14 to 17, the police force states that he must exist placed on the sex offender list regardless. In September 2019, a bill to rectify this unequal handling was blocked in the California Assembly by Lorena Gonzalez.[8] [ix] In August 2020, state Senator Scott Wiener wants to immediately shut this legal loophole inside California police force - that explicitly discriminates confronting LGBT minorities and certain individuals inside the community are abusing and harassing him with death threats and accusations of pedophilia.[10] In September 2020 and effective from January 1, 2021 - the senate neb (SB145) was passed with a supermajority and signed into law by both the California State Legislature and Governor Gavin Newsom, that legally repeals the age of consent discrimination discrepancy established from 1975.[11] [12] [xiii] [14] [15]

Bayard Rustin [edit]

In February 2020, the LGBT civil rights activist Bayard Rustin was posthumously pardoned past Governor Gavin Newsom.[16] [17] [18] California is currently considering a law to pardon gay and bisexual men convicted under the state's historical anti-gay police force, like to the UK's Alan Turing law.

San Francisco bathhouse ban repeal [edit]

In Feb 2021, San Francisco repealed a 36-year-former law (during the time of HIV/AIDS) that banned bathhouses.[19]

Recognition of same-sex relationships [edit]

From the enactment of legislation in 1971 to replace gendered pronouns with gender-neutral pronouns until 1977, the California Civil Code defined marriage as "a personal relation arising out of a civil contract, to which the consent of the parties capable of making that contract is necessary." This definition was uniformly interpreted as including only reverse-sex partners, but, because of worries that the linguistic communication was unclear, Associates Bill No. 607, authored by Assemblyman Bruce Nestande, was proposed and later passed to "prohibit persons of the same sex activity from inbound lawful marriage." The human action amended the Ceremonious Code to define marriage as "a personal relation arising out of a ceremonious contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary." Opponents of the nib included Assemblyman Willie Brown (who authored the repeal of California's sodomy police in 1975) and Senator Milton Marks. The nib passed 23–5 in the state Senate and 68–ii in the Assembly. It was signed on Baronial 17, 1977, by Governor Jerry Brown.[20] [21] [22]

In 1985, the city of Berkeley became the first governing entity in the land to recognize same-sex couples legally when it enacted its domestic partnership policy for city and schoolhouse commune employees. The term "domestic partner" was coined past city employee and gay rights activist Tom Brougham, and all other domestic partnership policies enacted in the state in the years since are modeled afterward Berkeley'southward policy.

California has provided benefits to same-sex activity partners of state employees since 1999.[23]

Through the Domestic Partnership Deed of 1999, California became the first state in the Usa to recognize same-sex relationships in whatsoever legal capacity. As of the California Domestic Partner Rights and Responsibilities Human activity of 2003 (constructive January 1, 2005), same-sexual activity civil unions or domestic partnerships performed in other states or countries are considered equivalent to California's domestic partnerships.[24] [25]

Proposition 22, an initiative passed by voters in 2000, forbade the country from recognizing same-sexual practice marriages. This initiative was struck down in May 2008 by the California Supreme Court in In re Marriage Cases, merely a few months subsequently, Proposition 8 reinstated California's ban on marriages for same-sex couples. During the time between the California Supreme Court decision and passage of Proposition 8, the state allowed for tens of thousands of matrimony licenses to be issued to same-sexual practice couples. Strauss v. Horton affirmed that those marriages were still valid after the passage of Proffer 8. In 2010, a federal district court in Perry five. Schwarzenegger determined that Proposition 8 was unconstitutional due to violations of the Due Procedure and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, just the Us Court of Appeals for the Ninth Circuit ordered a stay of the judgement awaiting entreatment.

A California LGBT flag at a Prop 8 rally

In February 2012, a 3-estimate panel of the U.S. Court of Appeals for the Ninth Circuit upheld the commune courtroom'due south belongings in Perry v. Schwarzenegger that Proposition 8 was unconstitutional, although on narrower grounds. Proffer 8 proponents sought rehearing en banc (meaning review of the decision by a larger panel of 9th Excursion judges) but this was denied in June 2012. The proponents and then petitioned the U.Southward. Supreme Court to review the 9th Circuit's decision, and information technology agreed to do so on December vii, 2012. The Supreme Court issued its ruling on June 26, 2013, effectively upholding the lower courts' determination that Proposition 8 was unconstitutional but doing so on procedural grounds without directly addressing the constitutionality of the measure out. Two days subsequently, the lifting of a stay by the U.S. Court of Appeals for the 9th Circuit allowed same-sex couples to recommence marrying in California.

Efforts were underway for a 2012 referendum to repeal Proposition 8 and better the Land Constitution to allow same-sex couples to marry. Yet, in February 2012, Love Award Cherish, the organization gathering signatures for that potential ballot initiative, canceled the endeavor in lite of the fact that the Perry lawsuit was going well for the pro-equality side and an expensive election campaign appeared unlikely to be necessary.

SB 1306, introduced in February 2014 past Senator Mark Leno and signed by Governor Jerry Brown in July 2014, updated the Family Lawmaking to reflect same-sex marriage in California. It removed unenforceable and discriminatory language against same-sex couples, such equally Proposition 22 (2000) and AB 607 (1977), and also modernized the entire lawmaking by replacing references to "husband" and "wife" with "spouse(s)".

The Marriage Recognition and Family Protection Act [edit]

On Oct 12, 2009, post-obit the passage of Proffer 8, Governor Arnold Schwarzenegger signed into law The Marriage Recognition and Family Protection Act (SB 54), legislation proposed past Country Senator Mark Leno.[26] [27] The bill established that some of the aforementioned-sexual activity marriages performed exterior the land are also recognized past the state of California as "wedlock", depending on the date of the wedlock.[28]

Post-obit the passage of Suggestion 8, the California Supreme Court Justices affirmed that all same-sex marriages performed in California before the passage of Proposition 8 connected to exist valid and recognized every bit "marriage". The Wedlock Recognition and Family Protection Act also established that a same-sex matrimony performed outside the state is recognized as "marriage" if it occurred earlier Proffer 8 took outcome. This category as well includes same-sex marriages performed before same-sex union became legal in California.[29] The deed also mandates the full legal recognition of same-sexual practice marriages lawfully performed exterior of California later the passage of Proposition 8, with the sole exception that the relationship cannot exist designated with the word "marriage".[30] The law provides no label to be used in place of "marriage" to describe these relationships; they are non "domestic partnerships".[29] The resumption of same-sex spousal relationship in California on June 28, 2013, effectively supersedes this law with respect to out-of-land same-sex marriages.

SB 1306 (2014) [edit]

Introduced by Senator Mark Leno on February 21, 2014, SB 1306 repealed Sections 300 (AB 607, 1977), 308 (The Union Recognition and Family Protection Act), 308.v (Suggestion 22) of the Family Code, and amended Section 300 to be gender-neutral amongst other sections as well.[31] The legislation removed the statutory reference to wedlock as a union "betwixt a man and a woman" from the state'due south Family Code and updated the police with gender-neutral terms to utilize to same-sex marriages equally well as heterosexual ones.[32]

During its passage, some business organisation was expressed that, past repealing the same-sexual activity matrimony ban, SB 1306 breached the separation of powers equally the State Associates would be repealing an initiative passed by the voters. Nevertheless, the consensus of the Assembly Judiciary Commission was that the voters are no more than able to pass an unconstitutional, and subsequently enjoined, statute any more than the Assembly can. In light of In Re Marriage Cases and Hollingsworth v. Perry, which collectively forbade the enforcement of any law which would prohibit same-sex couples from marrying, it was determined by the Assembly Judiciary Committee that the Associates has the capacity to repeal enjoined statutes.

SB 1306 was approved by the Senate Judiciary Commission 5–2 on April 8, 2014. On May ane, 2014, the California Country Senate passed the bill on a 25–ten vote.[33] On June 30, it passed the Assembly in a 51–11 vote.[34] It was signed by the Governor on July vii, 2014, and took effect on January 1, 2015.[32] [35] The definition of marriage in California is now the post-obit:[36]

Marriage is a personal relation arising out of a civil contract between 2 persons, to which the consent of the parties capable of making that contract is necessary.

SB 1005 (2016) [edit]

In April 2016, the land Senate voted 34–ii to approve SB 1005, a bill introduced by Senator Hannah-Beth Jackson that updated California police force similarly to SB 1306.[37] [38] The California lower house approved the beak by a vote of 63–ane with amendments, and passed the land Senate past a vote of 34–0. The pecker became both engrossed and enrolled, significant information technology passed both houses in the same form. The bill was signed into law past Governor Jerry Brown, and went into effect on January 1, 2017.[38]

Federal income tax [edit]

The Internal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships or in same-sex marriages in California, a customs belongings state, must first combine their annual income and and then each must claim one-half that amount as his or her income for federal tax purposes.[39]

Same-sex bridal visits [edit]

In June 2007, the California Department of Corrections appear information technology would allow same-sex conjugal visits condign the first state to practise so. The policy was enacted to comply with a 2005 state law requiring state agencies to give the same rights to domestic partners that heterosexual couples receive. The new rules allow for visits merely by registered domestic partners or aforementioned-sex married couples who are non themselves incarcerated. Further, the domestic partnership or same-sex marriage must have been established before the prisoner was incarcerated.[40]

Video tapes [edit]

In November 2021, video tapes from the Proposition 8 trials were finally released to the public by a court social club - straight from the 9th Circuit Court of Appeals jurisdiction.[41]

Adoption, surrogacy and family planning [edit]

Same-sex adoption has been legal since 2003 and lesbian couples have been immune to access bogus insemination since 1976.

Both gestational and traditional surrogacy arrangements are recognized as valid in the country of California. In September 2012, Governor Jerry Brown signed several surrogacy bills into law.[42] [43] Gay male couples are permitted to undertake such contracts nether the same terms and conditions as different-sex couples.

Lesbian couples take access to in vitro fertilization. State law recognizes the non-genetic, non-gestational female parent as a legal parent to a kid born via donor insemination. Initially, the couple had to be either married or in a domestic partnership for the non-biological mother to exist automatically recognized. Still, a law passed in 2019, and taking consequence on ane January 2020, grants automatic recognition for unmarried couples every bit well.[44] [45]

Birth certificate by throuple [edit]

In Feb 2021, a "polygamous three membered gay male couple" (throuple) inside California who had children together - are for the first fourth dimension within the United states of america history are legally recognised on a birth document by a judge.[46]

Discrimination protections [edit]

The 2019 edition of Los Angeles Pride

Extensive protections for LGBT people exist nether California law, specially for housing, credit, public accommodations, labor and/or employment. In addition, sections of In re Matrimony Cases non overturned past Proposition 8 include the establishment of sexual orientation as a "protected grade" under California law, requiring heightened scrutiny in discrimination disputes.

In 1979, the California Supreme Court held in Gay Police force Students Assn. V. Pacific Tel. & Tel. that public institutions cannot discriminate confronting homosexuals under Article I, department vii subdivision (a) of the California Constitution which bars a public utility from engaging in arbitrary employment discrimination.[47]

The Unruh Civil Rights Act, section 51 of the California Ceremonious Code, enacted in 1959, did not expressly include a prohibition confronting discrimination by businesses based on sexual orientation until 2005; however, California courts interpreted the law to prohibit such bigotry as early as 1984 in Rolon v. Kulwitzky, an interpretation upheld in later decisions as well.[48] [49]

In 1992, afterward the AB101 Veto Riot, where Governor Pete Wilson vetoed a constabulary which would have guaranteed protections from discrimination on the basis of sexual orientation by individual employers, Governor Wilson reversed course and signed legislation which reformed existing California anti-discrimination statutes to encompass sexual orientation in employment. The penalties of that bill differed from AB 101 in that the provided penalties were civil rather than criminal in nature.[50] Effective in 2000, AB 1001 further reformed the California Fair Employment and Housing Deed of 1959 and broadened employment, housing, and credit protections for gay men, lesbians, and bisexuals. The law was expanded to protect transgender people from unfair discrimination in 2003.[51] [52] In September 2005, Governor Arnold Schwarzenegger signed into law AB 1400, the Civil Rights Human activity of 2005, ensuring that country laws prohibiting bigotry in public accommodations include gender identity, sexual orientation and marital condition.

Detest offense law [edit]

California law clarifies protections against detest crimes based on sexual orientation and gender identity or expression, alongside other categories. State constabulary provides penalty enhancements for a criminal offence motivated by the victim'southward perceived or actual sexual orientation or gender identity.

Jury option [edit]

In Jan 2014, the 9th Circuit Court of Appeals ruled that gay men tin't be legally excluded from juries. It centured from a courtroom case from a pharmaceutical company treating HIV, and didn't desire a gay man due to beingness "a conflict of interest".[53]

2020 Licence plate court ruling [edit]

On Nov 30, 2020, the Supreme Court of California allowed a gay man to have a license plate with 'QUEER' written on it - on the grounds of freedom of spoken language under the First Amendment. The California DMV repeatedly denied the gay human being the QUEER license plate numerous times over on the grounds of "does not want to stir hatred, offence or ridicule in public".[54]

Aged care court ruling [edit]

In July 2021, the California Court of Entreatment made a ruling that "banning certain gender pronouns" within California aged intendance homes - was in fact a violation of gratuitous speech nether the First Amendment and that the 2017 California laws was immediately invalided (thus "goose egg and void"). It is discipline to ongoing rulings towards the California Supreme Court and possibly all the way to the federal Supreme Court of the United states of america.[55] [56] [57] [58]

Transgender and intersex rights [edit]

Sex and name changes are legal in the state. Transgender people are permitted to change their legal gender on official documents, such equally birth certificates, driver's licenses or IDs. The applicant needs to submit to the California Department of Public Health a certified copy of a court guild that changes their sex activity or an affidavit attesting, under penalty of perjury, that the asking for a modify of sex is to reflect the bidder's gender identity and not for whatever fraudulent purposes. State law does not require that the bidder undergo sterilization, sex reassignment surgery or any medical interventions, but the applicant may undergo such procedures if they wish.[59] In improver, official documents accept three sexual activity descriptors, that is "One thousand", "F" and "X".[60] [61]

In 2014, a new police was passed which requires any official responsible for completing a transgender person'southward death certificate to ensure it represents the deceased person's gender expression, as documented in other authorities-issued documents or evidenced past gender confirmation medical procedures.[62] In 2015, California became the first land to pay sex activity reassignment surgeries for transgender prison house inmates.[63]

State law bans wellness insurance providers from discriminating against transgender patients and from excluding coverage for transgender-specific care. State Medicaid policy likewise explicitly includes medical transgender-related health care.[64] In March 2017, California became the first state in the U.S. to require all single occupancy bathrooms to be marked equally gender-neutral.[65] [66] [67]

In February 2019, a beak was introduced to the California State Assembly to ban medical interventions on intersex babies, a get-go for the United States. The bill failed in a Senate commission in January 2020.[68] [69] [70]

Gender X expiry certificates and gender-neutral pronoun titles for government employees [edit]

In June 2021, two bills (AB439 and AB378) passed the California Legislature to include "gender X" on decease certificates - alongside male and female genders being the first bill and another 2d beak to likewise explicitly including all gender-neutral pronouns for California authorities employees and role title holders.[71] [72] [73] On July 12, 2021, the Governor of California signed the gender X death document pecker into law and became legally effective on January 1, 2022.[74]

San Francisco Transgender History Month [edit]

In August 2021, San Francisco became the first jurisdictional urban center in the world by proclamation and executive order to officially legally recognise Transgender History Calendar month.[75]

Repealing red record past changing sex on documents [edit]

From January 1, 2023 California is repealing cherry tape past changing sex on documents. The legislation passed and was signed into law in 2021.[76]

Wellness of LGBT people [edit]

In 2014, a new law was passed, according to which doctors, nurses, and other healthcare providers are expected to meet cultural competency standards that include "understanding and applying cultural and ethnic information to the process of clinical care, including, as appropriate, information pertinent to the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities."[77]

Gay panic and trans panic defenses [edit]

In 2014, California became the first country in the U.S. to officially ban the use of gay and transgender panic defenses in murder trials.[2] [78]

Tracking data of LGBT violent deaths police force [edit]

In September 2021, the California Legislature passed a bill to explicitly include both sexual orientation and gender identity - within tracking data of tearing deaths of LGBT individuals. The Governor of California Gavin Newsom signed the bill into police and went into legal effect on Jan 1, 2022.[79] [eighty] [81] [82] [83]

Simulated 911 emergency calls [edit]

In October 2020, the city of San Francisco, by a clear unanimous 11–0 vote (by the San Francisco Board of Supervisors), banned false 911 emergency calls that discriminated against individuals on the ground of sexual orientation and gender identity.[84] [85] [86] Bills have been introduced at a state level within California at various levels and locations, however no action has been taken currently on the bills.[87] [88] [89]

Educational inclusion [edit]

Bullying [edit]

California law prohibits "discrimination, harassment, intimidation, and bullying based on bodily or perceived characteristics including immigration condition, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these bodily or perceived characteristics". The state's anti-bullying also includes a prohibition on "cyber sexual bullying", encourages school districts to inform pupils regarding available information and resources regarding the dangers and consequences of bullying, and directs the Department of Pedagogy to develop an online aid tool to assist all schoolhouse staff, school administrators, parents, pupils, and community members in increasing their noesis of the dynamics of bullying and cyberbullying.[xc]

Fair Educational activity Act [edit]

The Off-white Education Human activity is a California law which was signed into police force on July 14, 2011. The law compels the inclusion of the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social studies curricula in California public schools past amending the California Didactics Lawmaking. It also amended existing constabulary past adding sexual orientation and religion forth with race, ethnicity, nationality, gender, and disability that schools are prohibited from sponsoring negative activities about or pedagogy students about in an adverse mode.[91] The Act mandates that history and social studies classes explore LGBT history. This can include reading children'due south books with same-sex parents or learning almost the LGBT rights movement, the White Night riots and the Moscone–Milk assassinations, depending on historic period and grade.

School Success and Opportunity Act [edit]

The School Success and Opportunity Human action, likewise known every bit Assembly Nib 1266 or AB 1266, is a nib that was introduced past Assemblyman Tom Ammiano and signed into law by Governor Jerry Brownish. The law extended gender identity and expression discrimination protection to transgender and gender-nonconforming students. The neb specifically mentions that classes and activities are to be conducted without regard to one'southward birth sex as well every bit allowing transgender students to use bathrooms, locker rooms, and participate in sports that are congruent to their gender identity without regard to the gender they were assigned at nascence. The law took event in January 2014.[92]

The law did not come without controversy and criticism though. Anti-LGBT groups such as the National Organization for Union, SaveCalifornia.com, and The Pacific Justice Plant accept all supported a petition to have a ballot initiative to overturn the law. The petition was circulated by the Privacy for All Students Coalition which worked with the aforementioned groups. However, the effort failed subsequently it savage "about 17,000 signatures brusque of the 504,760 valid names needed to get earlier voters."[93]

California Healthy Youth Act 2016 [edit]

Sex education in California is regulated by the California Healthy Youth Act 2016. Under the Deed, the lessons must be "medically accurate" and "age-appropriate". They encompass a range of topics, including salubrious relationships, how to avert unintended pregnancies and infection by sexually transmitted diseases, domestic violence, contraceptives, and forbearance.[94] Discussions on sexual orientation also take place in higher grades.[95]

Conversion therapy [edit]

In August 2012, the California State Assembly approved SB 1172 prohibiting mental health providers from engaging in sexual orientation change efforts (such as conversion therapy) with LGBT minors. It was signed into police force past Governor Jerry Brown on September 29, 2012.[96] [97] The police force would accept gone into upshot January i, 2013, but was being challenged in Pickup v. Brown and Welch 5. Brown.

On August 29, 2013, the U.Southward. Ninth Circuit Courtroom of Appeals suspended the injunction on SB 1172 and rejected the plaintiffs' claims against allowing the conversion therapy ban to go into result. On June 26, 2014, the Supreme Courtroom held a conference on whether or not to grant certiorari to Pickup v. Brownish.[98] Certiorari was denied by the Supreme Court on June 30, 2014.[99]

AB 2943, a bill by Assemblyman Evan Low which would have extended the ban to paid conversion therapy for adults, was canonical in 2018 but withdrawn by Low before final approving.[100] [101] It would have been the first statewide ban applying to adults.

Boards and companies [edit]

Since January 1, 2022, all boards and companies within California are legally required to have implemented "minority quotas" of members (such as Native-Americans, African-American, women, immigrants, Hispanic or Latino, LGBTIQ+ individuals, etc.) - under California legislation passed and signed within September 2020.[102] [103] [104] [105]

State-funded travel [edit]

Nether Associates Nib 1887, as of June 2021, California will not fund land employees' travel to 17 U.S. states that have discriminatory laws against LGBTQ people.[106]

HIV law reforms [edit]

On May 27, 2016, California Governor Jerry Chocolate-brown signed Senate Pecker 1408 into police force, constructive immediately, that had recently unanimously passed the California State Legislature. The constabulary protects organ donation and transplantation betwixt HIV-positive people in the state of California. Surgeons who transplant organs from HIV-positive donors into HIV-positive patients are too protected from liability and from being penalized by the California Medical Lath. This police force is also in-line with the federal HIV Organ Policy Disinterestedness Act, which reversed the federal ban on this procedure back in 2013.[107] [108] [109]

Further HIV law reforms [edit]

In July 2021, the Governor of California signed numerous bills into law regarding further HIV constabulary reforms that became legally constructive on January 1, 2022.[110]

Law enforcement [edit]

Since January i, 2019, law enforcement in California has been legally required to undergo mandatory sensitivity training on LGBT bug, a commencement for the United States.[111] [112] [113] [114] [115] In September 2021, the California Legislature passed a nib to implement structural reforms as well as legally banning bias inside law and constabulary enforcement - on the basis of both sexual orientation and gender identity. The Governor of California Gavin Newsom signed the nib into law, and information technology went into legal effect on Jan 1, 2022.[116] [117] [118] [119]

COVID-xix data collection and health care [edit]

In July 2020, past regulation California became the second Usa state to collect sexual orientation and gender identity data and statistics on COVID-19 impacts - immediately after Pennsylvania.[120]

In September 2020, the Governor of California Gavin Newsom signed several LGBTQ+ community bills into law previously passed by the California Land Legislature - legally effective since January 1, 2021, on explicitly protecting LGBTQ+ health care, COVID-19 information and statistics codification and besides housing transgender prisoners.[121]

In December 2020, San Francisco was the last urban center within California that implemented sexual orientation COVID-19 statistical analysis - when testing individuals or patients for COVID-xix.[122]

In March 2021, information technology was revealed that SOGI (sexual orientation and gender identity) health data was never recorded - despite a 2018 California law making information technology mandatory and compulsory. A full audit and investigation is underway as to attain why SOGI wellness data was not always recorded.[123]

Public opinion and attitudes [edit]

Supporters of same-sex marriage campaigning, June 2011, Los Angeles

Back up for LGBT rights and same-sex spousal relationship have evolved significantly in the past decades.

The first known opinion poll surveying attitudes toward aforementioned-sex marriage in California was deputed in 1977 by Field Poll. It showed that 28% of Californians supported same-sex union, while 59% were opposed. Over the following years, support slowly increased, reaching effectually 40% in the early 2000s, according to Field Poll. In 2008, Field Poll published a poll showing for the kickoff time in the state's history a bulk in favor of aforementioned-sex marriage. This bulk stabilized during the early 2010s, until reaching 60% in 2013. According to a 2017 Public Religion Inquiry Institute (PRRI), 66% of Californians supported same-sex marriage, whereas 23% were opposed.[124]

The aforementioned PRRI poll also showed that anti-discrimination laws covering sexual orientation and gender identity enjoyed wide pop support. 73% were in favor of such laws, while 20% were opposed. Similarly, 63% of Californians expressed opposition to religious-based refusals to serve LGBT people. 28% expressed support.[124]

Public stance for LGBT anti-bigotry laws in California
Poll source Date(s)
administered
Sample
size
Margin of
mistake
% support % opposition % no opinion
Public Religion Research Institute January 2-December 30, 2019 5,605 ? 76% 18% 6%
Public Organized religion Research Plant January three-December 30, 2018 5,578 ? 73% 21% half-dozen%
Public Religion Inquiry Establish April 5-December 23, 2017 7,260 ? 73% xx% 8%
Public Organized religion Inquiry Institute April 29, 2015-January seven, 2016 vii,671 ? 75% 21% 4%

Election initiatives [edit]

Several LGBT-specific ballot initiatives have been held in California over the years. The start was Suggestion 6, the Briggs Initiative, which would accept barred gays and lesbians from working in public schools. The initiative failed, despite polls initially showing support by a large margin. In the 2000s, ii aforementioned-sex marriage initiatives were voted upon, Proposition 22 and Proffer eight, both successful.

Statewide [edit]

Ballot initiatives on LGBT rights in California
Yr Suggestion % of California voters
November 7, 1978 California Proposition 6
Voter turnout seventy.41 70.41
No 58.4 58.4
Yep 41.half-dozen 41.6
March 7, 2000 California Proposition 22
Voter turnout 53.87 53.87
No 38.half-dozen 38.6
Aye 61.4 61.4
Nov iv, 2008 California Proffer 8
Voter turnout 79.42 79.42
No 47.76 47.76
Yes 52.24 52.24

Urban center-level [edit]

Ballot initiatives on domestic partnerships in San Francisco
Year Proffer % of San Francisco voters
November vii, 1989 Proposition S (constitute domestic partnerships)[125]
Yes 49.5 49.5
No 50.4 50.four
November 6, 1990 Proposition K (institute domestic partnerships)[126]
Yes 54.4 54.four
No 45.half dozen 45.6
Nov v, 1991 Proffer Grand (repeal domestic partnerships)[127]
Yes forty.8 40.8
No 59.ane 59.i
March 2, 2004 Suggestion D (expand domestic partnerships)[128]
Yes 65.1 65.1
No 34.9 34.9

Summary table [edit]

Same-sexual activity sexual action legal Yes (Since 1976)
Equal age of consent Yes (Since 1976)
Anti-discrimination laws for sexual orientation Yes (Since 1992 in employment, since 2000 in housing, and since 2005 in public accommodations)
Anti-discrimination laws for gender identity Yes (Since 2003 in employment and housing, and since 2005 in public accommodations)
Same-sex marriages Yes (Legal for v months in 2008, re-legalized in 2013)
Recognition of same-sex couples as domestic partners Yes (Since 1999)
Joint and stepchild adoption by same-sex couples Yes (Since 2003)
Lesbian, gay and bisexual people allowed to serve openly in the military Yes (Since 2011)
Transgender people allowed to serve openly in the military Yes/No (Virtually Transgender personnel immune to serve openly since 2021)[129]
Transvestites allowed to serve openly in the armed forces No [130]
Intersex people allowed to serve openly in the military X/Yes (Electric current DoD policy bans "Hermaphrodites" from serving or enlisting in the armed forces)[130]
Correct to modify legal gender Yes
Legal admission to single gender-neutral bathrooms Yes (Since 2017)[65] [66]
Intersex minors protected from invasive surgical procedures No
Conversion therapy banned on minors Yes (Since 2013)
Third gender option Yes (Since 2019)
LGBT anti-bullying police force in schools and colleges Yes
Gay and trans panic defense force banned Yes (Since 2014)
Access to IVF for lesbian couples Yes (Since 1976)
Surrogacy arrangements legal for gay male person couples Yes
Conjugal visits for same-sex couples Yes (since 2007)
MSMs allowed to donate claret No/Yes (Since 2020; 3-month deferral period)[131]

See too [edit]

  • Intersex rights in the Us
  • LGBT history in California

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Source: https://en.wikipedia.org/wiki/LGBT_rights_in_California

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