QUEER QUOTE: California Enacts Law To Provide Nonbinary Gender Option In Official Documents

Wow! The state of California completed its 2017 legislative session recently and there are some fascinating new laws on the books thanks to Democratic supermajorities in both Houses and a Democratic governor in Jerry Brown.

One of the important bills Governor Brown signed into law was SB179, the Gender Recognition Act, which provides the option of "nonbinary" on official identity documents issued by the state of California which ask about the gender or sex of an individual.

USA Today reports:

The state of California will now legally recognize non-binary as a third gender on official state identification documents.  

Gov. Jerry Brown signed SB179 on Sunday night. The bill, dubbed the Gender Recognition Act, will allow a third gender choice on driver's licenses, state identification cards, and make it easier for people to change their gender and name on state identification papers.  

Non-binary, is a catch-all term for people who do not identify as exclusively male or female, and has been slowly acknowledged by some states as a gender option. 

In June, the District of Columbia followed Oregon's lead and began offering the gender-neutral choice of "X" on driver licenses and identification cards, and similar legislation is currently pending in New York.

The bill was authored by Senators Scott Wiener (D-San Francisco) and Toni Atkins (D-San Diego),  who are two of the many openly LGBT members of the Legislature. Equality California (an organization MadProfessah used to be a Board Member of) issued a statement on the occasion of the enactment of the bill into law.

Today's Queer Quote is an excerpt from this press release:

SB 179 makes it easier for transgender, intersex and non-binary people to get official identification documents that accurately reflect their gender identity. In addition to recognizing a nonbinary gender, this bill streamlines the process to change the gender marker or name on state-issued identification documents. Previously, individuals faced difficult and burdensome obstacles to change their identification documents, such as requirements that a person obtain a physician’s verification or that they appear in court, which ultimately made the process intimidating and added expenses that an individual might not have. 

“Gov. Brown’s signature today has put California at the forefront of ensuring the dignity and safety of its transgender, non-binary and gender-non-conforming residents,” said Rick Zbur, executive director of Equality California. “When your ID doesn’t match your gender identity or expression, it can expose you to potentially dangerous situations. SB 179 eliminates unnecessary obstacles from the process of getting state-issued identification documents for thousands of Californians.” 

“With this simple change, California has made daily life infinitely safer and easier for many gender nonbinary and transgender people,” said Kris Hayashi, executive director of Transgender Law Center. “We’re asked for identification everywhere from banks to bars to airports, and it can be devastating and even dangerous for nonbinary and transgender people to navigate life with an I.D. that doesn’t reflect who they truly are.” 

According to a 2015 national survey of 25,000 transgender people, only 11 percent reported that all their identification documents had their name and gender that is consistent with their gender identity, and one-third of respondents who showed an ID with a gender marker that did not match their appearance reported being verbally harassed, denied services or assaulted.

 Congratulations to California!

Saturday Politics: Race For CA-34 U.S. House Seat (Not Yet) Crowded

Cue the musical chairs! Last week California Governor Jerry Brown announced his intention to appoint U.S. Representative Xavier Becerra to replace U.S. Senator-elect Kamala Harris as California Attorney General. Becerra, 58, is currently my congressman, representing California's 34th congressional district; he would become the first Latino attorney general in the history of the state (in 2016!)

Becerra had been a rumored candidate in the race to replace Barbara Boxer that Kamala Harris ultimately won over another Latino candidate, Loretta Sanchez. Within hours of the announcement that a rare safely Democratic Los Angeles-area Congressional seat was open, former Speaker of the House John Perez announced his candidacy for the race. Soon after that, my state Assemblyman, Jimmie Gomez, also announced his intention to run for the seat. Activist Wendy Carillo has also declared she is interested. Surprisingly, my City Council person Jose Huizar has so far declined to enter the race to replace Becerra, as has fellow Councilperson Gil Cedillo. For the special election, you just need to be a resident of California (and a U.S. Citizen and over age 25).

Today comes the surprising news that Perez is withdrawing from the race, citing an unnamed health condition which is serious enough that it will prevent him from running a rigorous race in the 2017 special election, according to the Los Angeles Times.

Citing a recent diagnosis of a serious health problem, former California Assembly Speaker John A. Pérez said Saturday he is dropping out of the race to replace U.S. Rep. Xavier Becerra (D-Los Angeles).
"I've got to focus on my health right now," Pérez said in an interview. "But it was a very hard decision."
The 47-year-old Democrat declined to offer specifics about his condition, citing a desire to keep it private. But he said it was serious enough that it would keep him from waging a vigorous political campaign in 2017.
"The treatment is one that doesn’t lend itself to the intensity of a campaign that the community deserves," he said.

Almost certainly there will be other prominent (and not so prominent) Los Angeles area politicos joining the race. MadProfessah will keep you posted, since it is literally happening in my back yard!

CELEBRITY FRIDAY: Meet 38-Year-Old Leondra Kruger, CA Supreme Court Nominee

Leondra Kruger, 38, is Governor Jerry Brown's nominee for the current vacancy on the California Supreme Court.

The Los Angeles Times reported on the appointment:

Kruger, who is African American, joined the Office of Solicitor General under President George W. Bush and argued 12 cases before the U.S. Supreme Court. She left the solicitor general's office last year and became deputy assistant attorney general at the U.S. Department of Justice, Office of Legal Counsel. 

"Watching her at the U.S. Supreme Court was like watching a master who had done it hundreds of times," said Katyal, a law professor at Georgetown University. "It was breathtaking." 

Kruger was Brown's third appointment in recent years to the seven-member court. His other appointees are Goodwin Liu, a former UC Berkeley law professor, and Mariano-Florentino Cuellar, a Stanford law professor. She will be the court's third Democratic appointee. 

"With Brown's last two appointments and now with Leondra coming on the court, the California Supreme Court is looking like perhaps the most high-powered state supreme court in the country," Katyal said.

Kruger has the impressive credentials of someone whose judicial career may be beginning, not ending with a state Supreme Court appointment:

Kruger served as a law clerk to former U.S. Supreme Court Justice John Paul Stevens from 2003 to 2004 and to Judge David S. Tatel on the U.S. Court of Appeals for the District of Columbia Circuit from 2002 to 2003. She also taught at the University of Chicago for a year. 

She received her undergraduate degree from Harvard and her law degree from Yale University, where she was editor in chief of the Yale Law Journal.

Hopefully Kruger's appointment will be confirmed quickly. If so, she will become the second African American female to serve on the California Supreme Court. The first, Janice Rogers Brown, was named to the D.C. Court of Appeals by President George W. Bush and still serves there now. Leondra Kruger is today's Celebrity Friday because hopefully her name is one that will be heard again in a national context soon!

SATURDAY POLITICS: CA Democrats Dominating Statewide Races

Leveraging their significant edge in voter registration, Democratic candidates are dominating all statewide races in California. The latest figures show that registered voters in California are 43.4% Democrat, 28.2% Republican, 23.1% No Party Preference. The respected Field poll released their final poll before Tuesday's election and it shows how deep blue a state California is. Governor Jerry Brown is romping to an easy re-election for an unprecedented fourth term and carrying the rest of the Democratic slate of statewide candidates with him to victory.

The final pre-election Field Poll completed earlier this week finds Brown enjoying a 21-point preference advantage, 54% to 33%, over his Republican opponent Neel Kashkari. Since the June open primary in which Kashkari finished second and earned the right to challenge Brown in the November general election, Brown has maintained large double-digit leads over Kashkari ranging narrowly from 16 to 21 points. 

The latest poll also finds that in the six other partisan statewide election contests to be decided next week – Lt. Governor, Attorney General, State Controller, State Treasurer, Secretary of State and Insurance Commissioner – the Democratic candidate holds the lead over the Republican by margins ranging from seven to thirteen points.

It's nice to see that the nation's largest state and my home state has decisively rejected the Republican agenda. Sadly, it looks like the same can not be said for races happening around the country in red and purple states. 

Equality California's 2014 List Of LGBT-Supportive Legislation

Equality California has a list of legislation that it has been able to get passed by the California Legislature in 2014.

Modernize birth certificates: AB 1951, authored by Assemblymember Jimmy Gomez, modernizes California birth certificates by allowing parents to choose to self-designate as “father,” “mother” or “parent,” eliminating inaccurate designations and confusion for same-sex parents.
Provide LGBT cultural competency for health care providers: AB 496, authored by Assemblymember Rich Gordon, clarifies that existing cultural competency training for health care providers should include discussion of LGBT issues.
End the “panic” defense: AB 2501, Assemblymember Susan Bonilla, eliminates the so-called “gay panic” and “trans panic” defenses, outrageous tactics used by defendants who claim their violent acts were triggered by the victim’s sexual orientation or gender identity.
Encourage Respect After Death: AB 1577, the Respect After Death Act, authored by Speaker of the Assembly Toni Atkins and cosponsored by the Transgender Law Center, would make sure death certificates for transgender Californians accurately reflect their authentic, lived identity.
End discrimination in blood donor procedures: AJR 50, authored by Assemblymember Richard Bloom, urges the President to be an agent of change so that FDA blood donation eligibility policies will be based on modern scientific research and findings rather than archaic assumptions and fears.

This is a pretty good list!

Acting Governor Of California Today Is Lesbian Assembly Speaker Toni Atkins

Toni Atkins is the openly lesbian Speaker of the California Assembly. But, today, she will serve as Acting Governor of California for roughly 8 hours, because Governor Jerry Brown and Lieutenant Governor Gavin Newsom and Senate Leader Darrel Steinberg all have business outside the state. So, even though she is fourth in line, Atkins will become the first openly gay Governor of California today (for about 8 hours, until Governor Brown returns).

Business Insider reports:

For eight hours today, California will have its first openly gay governor. State Assembly Speaker Toni Atkins (D) will serve as acting governor until tonight, when Gov. Jerry Brown (D) returns from a trade mission in Mexico. 

Atkins is one of four officials who served as governor this week in California, following Lt. Gov. Gavin Newsom (D), who left for a Special Olympics event, and Senate President Pro Tem Darrell Steinberg (D), who departed the state Wednesday morning for Chicago.  

Atkins also served as the first openly lesbian mayor of San Diego in 2005, and as the first openly lesbian Assembly speaker, which is the position she currently holds. She is also the third woman to hold the high post.

Interestingly, the previous Speaker of the Assembly was openly gay John Perez, but he was never lucky enough to become Acting Governor.

Pretty cool, huh?

California Legislature Passes Bill Enshrining Marriage Equality Into Statute

California Legislature Passes Bill Enshrining the Freedom to Marry in State Statutes

(Sacramento) Senate Bill 1306, authored by Senator Mark Leno and co-sponsored by Attorney General Kamala D. Harris, Equality California and the National Center for Lesbian Rights, passed the Assembly on June 30 by a bipartisan vote of 54-16. The bill will bring California statutory law into line with the U.S. Supreme Court’s 2013 decision restoring the freedom to marry in California.

While both the California and U.S. Supreme Courts have affirmed the right for same-sex couples to marry, current state laws in many cases do not reflect that change. SB 1306 would ensure that references to “husband” and “wife” would be replaced with gender-neutral language such as “spouse” to recognize all married couples throughout the California code.

“In historic fashion one year ago, the U.S. Supreme Court restored the right of every loving couple to marry in California,” said Senator Leno, D-San Francisco. “Today we are sending a bill to the Governor’s desk ensuring that this landmark decision is clearly reflected in our state laws.”

"While we have achieved many milestones in the journey towards full equality for LGBT people – including the freedom to marry for same-sex couples – it's important that we completely erase discrimination from the books," said Rick Zbur, executive director-elect of EQCA. "This important bill does just that, ensuring that California statutes fully reflect and respect the freedom to marry for same-sex couples. We applaud Senator Leno for authoring this important legislation and are proud to be a sponsor of it."

“We are grateful for Senator Leno’s legislation that will ensure the fair and equal treatment of all married couples in California,” said National Center for Lesbian Rights Executive Director Kate Kendell. “Although there is no question that same-sex couples can marry in California, the discriminatory language that remains on the statutory books creates confusion about the rights of same-sex couples. This bill makes it clear to everyone that same-sex couples can marry and that all spouses have the exact same rights and responsibilities under the law, regardless of gender.”

The bill now moves to Gov. Brown’s desk.

MadProfessah Endorsements for June 3, 2014 Primary Election

Finally, the moment you have been waiting for!  Here are MadProfessah's positions on how I will be voting in the June 3 2014 Statewide Primary Election, compared with endorsements from other organizations like the Los Angeles Times,  California Democratic Party, East Area Progressive Democrats and the Los Angeles County Democratic Party. For more information about judicial candidates, check out the LA County Bar Association.

Statewide Measures        MadProf   LA TIMES DEMOCRATS
Prop. 41 (Homeless Vets)  Yes       Yes      Yes
Prop. 41 (Open Meetings)  Yes       Yes      Yes

Statewide Races          MadProf  LA TIMES DEMOCRATS
Governor                 Brown*   Brown*     Brown*

Lieutenant Governor      Newsom*  Newsom*    Newsom*
Attorney General         Harris*  Harris*    Harris*
Secretary of State       Padilla  Peterson   NONE
Treasurer                Chiang   Chiang     Chiang

Controller               Perez    Swearingen NONE
Insurance Commissioner   Jones*   Jones*     Jones*   
Supt. of Public Inst.    Torlakson* Tuck      Torlakson*

Bd. of Equalization, #1  NONE       ---      Parker    

Bd. of Equalization, #2  Ma         ---      Ma

Bd. of Equalization, #3  NONE       ---      Horton*

Bd. of Equalization, #4  NONE       ---      NONE

LA County Races          MadProf  LA TIMES   DEMOCRATS
Assessor                 Prang    Morris     Prang

Sheriff                  Hellmold McDonnell  NONE
Supervisor, District 1   Solis    Solis      Solis
Supervisor, District 3   Kuehl    Duran      Kuehl

Judicial Races           MadProf    LA TIMES  DEMOCRATS
Superior Ct, Office 22   Matsumoto  Matsumoto   Matsumoto
Superior Ct, Office 48   NONE       Calderon    NONE


Superior Ct, Office 54   Losnick    Losnick   Losnick


Superior Ct, Office 61   Lewis      Lewis      Lewis


Superior Ct, Office 72   NONE       NONE       NONE


Superior Ct, Office 76   Kim        Estrada     Kim


Superior Ct, Office 82   NONE       NONE        NONE


Superior Ct, Office 87   Stein      Stein       Stein


Superior Ct, Office 90   NONE       NONE         NONE

Superior Ct, Office 97   Armstead   Armstead     NONE




Superior Ct, Office 107  Castro     Castro       Castro


Superior Ct, Office 113  NONE       Wiese        NONE


Superior Ct, Office 117  NONE       Pierce*      NONE


Superior Ct, Office 138  NONE       Armstrong    NONE


Superior Ct, Office 157  Mednick    Cooper       NONE

Candidates* with an asterisk are incumbents. Openly LGBT candidates are in italics.

SATURDAY POLITICS: Toni Atkins Sworn In As 1st Lesbian Speaker Of CA Assembly

History was made this week as openly gay Speaker of the Assembly John Perez presided over the swearing in of another openly gay Speaker of the Assembly, the first time the head of a state legislature has transitioned between two openly LGBT people. The new Speaker of the Assembly is Toni Atkins from San Diego.

Here is an excerpt of what Speaker Atkins said after she was sworn in:

We want to restore the Golden State that provided our kids the best education and good jobs. We want to ensure that the California Dream is alive and well for everyone in our state, and for everyone who, like me, comes here to achieve their dream. We want the Golden State to be the Gold Standard that others strive towards. 

For the last decade, and especially in light of the Great Recession, we’ve had to work our way back. And, California has finally turned the corner. 

We are still the 8th largest economy in the world. And members, regardless of how it may be misrepresented, we aren’t really in competition with Texas. We are in competition with Brazil and Italy and France. We are a $2 trillion dollar economy. We are the number one state for venture capital. We have 3.4 million small businesses that provide more than half the jobs in California. And last year we enacted 18 new business-friendly laws that will help business owners by removing regulatory burdens, restoring some investment tax breaks and by creating the “Made in California” program.

Hat/tip to Karen Ocamb 

Saturday Politics: Gov. Brown (D-CA) Files For Re-Election

Governor Jerry Brown finally announced that he is indeed running for re-election for an unprecedented 4th term as Governor of California, by tweeting this picture of him filling out his re-election paperwork, a mere 9 months before the November 2014 statewide elections (and 4 months before the June primary). Brown, 75, faces no opposition in that primary and should really have no problem getting re-elected considering the amazing turnaround he has managed to preside over, taking charge when the Golden State had a $27 billion deficit and there was open speculation about whether the state was governable to a rare budget surplus and Democratic super-majorities in both houses of the Legislature.

He also posted a formal announcement on his campaign website:

To my fellow citizens of California: 

Four years ago, I asked that you support my candidacy for governor based on my bringing an “insider’s knowledge but an outsider’s mind” to fix the budget breakdown and overcome Sacramento’s poisonous partisanship. Now, four years later, a $27 billion deficit has become a surplus and our credit rating and public confidence are rising. State budgets are not only balanced but they are on time and free of the rancor of past years. 

I said that I would work with both Democrats and Republicans, oil companies and environmentalists, unions and business, and I have.I pledged that there would be no smoke and mirrors in the budget, and there aren’t. 

I promised that there would be no new taxes unless you the people voted for them, and you did. 

I also said that we would return decisions and authority to local government and schools, and we have--through Prison Realignment and the Local Control Spending Formula for schools.

The goal was to get California working again--both its government and its overall economy, and that is happening.

Imagine what a mess we would be in if Meg Whitman had won that election back in 2010 after spending nearly $200 million? Elections have consequences! Friends don't let friends vote for Republicans....

Shame! Gov. Brown Vetoes Bll Allowing Condoms In Prison

There is bad news to report today on the status of the progressive goal to improve the lives and health of people in locked facilities in California.

Governor Jerry Brown has finally completed his work on the 900+ bills the Democratic super majority in the California legislature sent him this session. He has taken some action that progressives applaud and some that we can only shake our head at and wonder "What was he thinking?"

Overall, the Governor vetoed 96 bills in total and signed into law 805.

However, some of his more controversial legislative actions took place at the end, which occurred this weekend. On Saturday October 12th, Governor Brown vetoed AB 999 (Prisoner Protections for Family and Community Health Act) which would have eventually allowed condoms in state prisons. The Governor's Office released his veto message:

To The Members of the California State Assembly: 

I am returning Assembly Member Bill 999 without my signature. 

This bill would require the California Department of Corrections and Rehabilitation to develop a plan to expand the availability of condoms to all California prisons. 

The Department currently allows family visitors to bring condoms for the purpose of the family overnight visitation program. While expansion of this program may be warranted, the Department should evaluate and implement this expansion carefully and within its existing authority.  

Sincerely 

Edmund G. Brown, Jr

This is disappointing news. As readers of the blog may know, I have been on the board of directors of the Center for Health Justice for years. Health Justice has the mission to eliminate disparities between prisoner health and public health and one way it does this is by distribution of condoms in Los Angeles County jails.

The point of the legislation was to give CDCR the authority (and political cover) to consider the availability of condoms in prisons (we're talking about a condom machine, people). This is because people in prison have sex with each other, and people who are in prison often have sexually transmitted infections. Officially, sex between prisoners is against the law, so making condoms available is viewed by some as an enticement to break the law. Most public health advocates strongly support actions that will "reduce harm" and they agree that increased access to condoms in locked facilities will improve the health of prisoners (and the public) and will not reduce safety for those who work in locked facilities.

It is unfortunate Gov. Brown had to use AB 999 as an example to show less progressive members of the political spectrum his conservative bona fides. He now joins his predecessor, Republican Governor Arnold Schwarzenegger in vetoing a measure that would have allowed condoms in prison.

Shame on you, Governor!

Homophobes File Referendum on Transgender Student Rights Bill

Here we go again. Just last week Governor Jerry Brown signed AB 1266, the School Success and Opportunity Act, into law. SSOA basically put into effect statewide the policy of the state's largest school district, LAUSD, which allows transgender students to participate fully in activities using the gender identity that they feel is most appropriate. Massachusetts and Colorado already have similar statewide policies.

Most people think this was a historic move forward to advance the rights of transgender students. Of course, that is not how the homophobes see it. They have filed paperwork to put theis historic civil rights law up for a referendum, meaning that it would not go into effect immediately if they are able to file 500,000 signatures with the Secretary of State within 90 days. Then there would be a vote during a statewide election in 2014 on whether the measure would go into effect at all or be effectively repealed.

Equality California executive director John O'Connor responded to the move:

"This is a predictable move by fringe groups that oppose all pro-equality measures and that historically have lacked the capacity to successfully execute similar efforts. AB1266 is an historic civil rights bill ensuring all students have the opportunity to participate and succeed in schools, including transgender students. EQCA and our partners will remain vigilant about monitoring the situation."

It should be remembered that there were also people who wanted to put the FAIR Education Act up for  a vote of the people of California, and they failed (twice!) to do so. The FAIR Education Act was a law that amended the state Education Code to insure that information about LGBT people in all California public schools has to be "fair, accurate, inclusive and respectful."

Now it looks like the homophobes are starting to realize that they are most certainly going to lose the war over marriage equality (California's fight over Proposition 8 ended with a whimper on Wednesday August 14) they are changing their focus to the T in LGBT rights, narrowing in on challenging the very concept of gender identity itself.

This is the hyperbolic language they are using on their temporary website to publicize their attempt to overturn the Transgender Student Rghts Bill:

Governor Jerry Brown just signed into law AB 1266 which would allow boys and girls to share the same school locker rooms, showers, restrooms, sporting programs, and school activities, based on the student’s gender identity, rather than his or her actual biological gender. 

Gender identity refers to a person’s subjective opinion of ones gender, which may or may not correspond to the person’s biological sex. But no matter the student’s gender identity, imposing this drastic and intrusive law upon all students is foolish and irresponsible. 

This bill will go into effect in Jan. 2014 unless we stop it.

One of the main reason that the heterosexual supremacists are going after AB 1266 is that the polling on it is pretty tight, with a June 2013 survey indicating 43% support and 46% opposition to the then pending legislation.

Hopefully they won't even get enough signatures to qualify the referendum, but this is probably also about activating the conservative base in California for the 2014 statewide elections, since currently the Republican party has basically zero power in all three branches of California government.

Hat/tip to Joe.My.God

CA Gov. Signs Transgender Student Bill Into Law!

For Immediate Release

CA Governor Brown Signs Historic Transgender Student Bill into Law

(San Francisco, CA, August 12, 2013)—Today, California Gov. Jerry Brown signed the historic School Success and Opportunity Act into law, ensuring that transgender youth have the opportunity to fully participate and succeed in schools across the state. Assembly Bill 1266—which goes into effect on January 1, 2014—was authored by Assemblymember Tom Ammiano and passed the California State Senate and Assembly earlier this summer. The law is the first of its kind in the country. It requires that California public schools respect students’ gender identity and makes sure that students can have equal access to all school activities, sports teams, programs, and facilities.

“I’m so excited that California is making sure transgender students have a fair chance to graduate and succeed,” said Calen Valencia, an 18-year-old transgender student from Tulare. “I should have graduated this year, but my school refused to give me the same opportunity to succeed as other boys. Now other transgender youth won’t have to choose between being themselves and graduating high school.”

Co-authored by Senators Mark Leno and Ricardo Lara and Assemblymember Toni Atkins, the bill is backed by a coalition of leading organizations, including National Center for Lesbian Rights, ACLU of California, Gay-Straight Alliance Network, Equality California, Gender Spectrum, Transgender Law Center, statewide teacher and parent organizations, and dozens of other organizations.

The new law builds on a national movement to end discriminatory practices and ensure transgender youth have the same opportunity to succeed as other students. Massachusetts and Colorado have statewide policies in line with AB 1266, and the Colorado and Maine state human rights commissions have held that state law requires schools to respect students’ gender identity. Additionally, many school districts across the country have adopted policies that ensure no student is left out, including the Los Angeles Unified School District, the nation’s second largest school district.

California law already prohibits discrimination in education, but transgender students have been often discriminated against and unfairly excluded from school facilities and physical education, athletic teams, and other school activities. This exclusion negatively impacts students’ ability to succeed in school and graduate with their class. For example, physical education credits are required to graduate, but transgender students often do not have the support they need to fully participate in the courses.

The supporting organizations are truly appreciative of Gov. Brown’s efforts to protect LGBT Californians and ensure all students have the opportunity to excel in our public education system. From his support to ban harmful sexual orientation change efforts to his leadership on marriage equality to his signing of AB 1266, Gov. Brown has sent a powerful message to LGBT youth letting them know their state and their government fully support them. In so doing, he is not only changing, but also saving lives.

Said NCLR Legal Director Shannon Minter: “We are grateful to Governor Brown for his longstanding commitment to ensuring that all California students are able to attend school without discrimination or harassment. By signing AB 1266, he has made that commitment real for transgender students, who will now have the same opportunities to participate and to succeed as other students.”

Cal. Sup. Ct. Denies Order To Revive Prop 8, But...

Whoa, nelly! On Monday, the California Supreme Court denied another desperate attempt by the heterosexual supremacists at ProtectMarriage.com (a.k.a. the proponents of Proposition 8 who lost at the United States Supreme Court three weeks ago) to stop county clerks from issuing marriage licenses to same-sex couples. That was expected.

However, what was somewhat unexpected was that the state Supreme Court also agreed to hear the merits of the case Hollingsworth v. O'Connell filed by marriage equality opponents last Friday that Proposition 8 is still the law of the land for the 56 counties in California that they claim were not covered by Judge Vaughn Walker's injunction against it.

They are expediting their consideration of the case with opposing briefs (from the good guys, California Attorney General Kamala Harris and Governor Jerry Brown) due on Monday July 22 and then reply briefs from the homophobes on Thursday August 1.

SCOTUSblog summarizes the state of play:

Some uncertainty hangs over gay and lesbian marriage rights in the nation’s largest state nearly three weeks after the U.S. Supreme Court had appeared to clear the way for those couples to wed, with its decision in Hollingsworth v. Perry.  A series of legal maneuvers by the “Proposition 8″ supporters has put the issue back before the state’s highest court, which has given signs that it intends to act speedily.

At this point, the seven-judge tribunal that sits in San Francisco has sharply conflicting arguments before it: a claim by state officials that marriage equality is now fully established throughout California’s fifty-eight counties and that the state court will only get into conflict with the federal courts and put county clerks at legal risk if it acts now to stop such marriages, and a rival claim by “Proposition 8″ backers that the right to marry is in effect in, at most, two counties, and that the state court has the authority and a legal duty to order the continued enforcement of that ban in the other fifty-six counties.

There is also a direct conflict over what the two sides say the state court should do at this point: state officials have said it should refuse to get involved at all, and should deny immediately all of the claims of the ban’s supporters, while the “Proposition 8″ legal team has said that the court should act now to put everything on hold until it can rule finally on the legal status of the ban under California law.

State officials are relying on their interpretation of a ruling in August 2010 by a federal district judge in San Francisco, striking down “Proposition 8″ under the federal Constitution.  There is nothing left that the California Supreme Court can do, they assert.  The ballot measure’s defenders are relying on a provision in the state constitution that says that state officials must continue to enforce state law until a definitive court ruling invalidates it.  That, they said, has not yet been done completely under the terms of the state constitution.

So, basically the CASC denied the emergency motion but is still considering the separate question of whether (or which counties) Proposition 8 is in effect.

Stay tuned!

Happy 75th Birthday, Governor Jerry Brown!

Jerry Brown is the Governor of California and will probably run for re-election for an unprecedented 4th term in 2014. He turns 75 years old today. Happy Birthday, Governor!

Saturday Politics: CA Dem's Fragile Supermajority

As a result of the 2012 elections California Democrats finally have a super-majority above the crucial two-thirds threshold in the California legislature. They have 55 seats in the 80-member Assembly and 29 seats in the 40-member Senate. Out of 120 California legislators, just 35 are  Republicans (10 in the state senate and 25 in the state assembly). A two-thirds majority in the Assembly is 54 seats and 27 seats in the Senate.

With a two-thirds majority in the legislature Democrats can completely control what legislation becomes law in California and can dictate all aspects of public policy.

However, the Democratic supermajority is likely to be short-lived and evanescent over the next year or so due the political musical chairs caused by politicians moving from Sacramento to Washington, D.C. as well as the impact of the upcoming Los Angeles municipal election. (Los Angeles City councilmembers have a salary which exceeds that of a state Assemblymember or state Senator.)

San Jose Mercury News reports:

"There will be a very short window that Democrats will have the supermajority," said Eric Bauman, vice chairman of the state Democratic Party. "So I've been cautioning party activists to be patient."

Assembly Democrats will lose their two-thirds majority in late April if, as expected, Assembly members Ben Hueso, D-Chula Vista, and Norma Torres, D-Pomona, win special elections for seats that open when two state senators leave for Congress. And the Assembly will likely lose two other members when one runs for the Los Angeles City Council and another leaps to the Senate after another senator also runs for the council. If that all happens, Assembly Democrats won't be able to recapture their supermajority until January 2014.

Even with the resignation of State Senators Gloria Negrete McLeod and Juan Vargas to join the 113th Congress, the Democrats still have a two-thirds majority in the senate, but will likely lose a two-thirds majority in the Assembly when Hueso and Torres run for those state senate seats. If they win, then the Democrats will no longer have a two-thirds majority in the Assembly, but after the Los Angeles municipal elections on May 21, 2013 it will become clearer when or if Democrats will regain their supermajority in the legislature.

CA Gov Appoints 1st Openly Gay Appellate Judge

California Governor Jerry Brown has appointed a former advisor on legal affairs to a seat on the 1st District Court of Appeals, 4th division. If confirmed by the Council on Judicial Appointments, James Humes will be the first openly gay person on the appellate bench in California.

From the official announcement from the Governor:

Humes, 53, of San Francisco, has served as executive secretary for legal affairs, administration and policy at the Office of Governor Edmund G. Brown Jr. since 2011. He was chief deputy attorney general at the Office of Attorney General Edmund G. Brown Jr. from 2007 to 2011. Humes served in multiple positions at the California Department of Justice from 1993 to 2007, including chief assistant of the civil division and senior assistant attorney general of the health, education and welfare section. He served in the Colorado Attorney General’s Office from 1984 to 1986 and again from 1987 to 1993. Humes was an associate at Banta Hoyt Banta Greene Hannen and Everall PC from 1986 to 1987 and at Jay Stuart Radetsky PC from 1983 to 1984. He earned a Juris Doctorate degree from the University of Denver, a Master of Social Science degree from the University of Colorado and a Bachelor of Arts degree from Illinois State University.

Gov. Brown also appointed openly lesbian Paula Rosenstein to a seat on the San Diego Superior Court.

Brown Signs Bill Banning Ex-Gay Therapy for Minors

As the window for taking action on pending legislation passed by the California legislature ends at midnight today, Governor Jerry Brown signed State Senator Ted Lieu's SB 1172 into law late last night. The new law is the first of its kind in the country; it bans the practice of "reparative therapy" to change the sexual orientation of people under 18 in the state of California.

San Francisco Chronicle reports:

Under the new law, which will take effect Jan. 1, no mental health provider will be able to provide therapy that seeks "to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex."

Mental health professionals who violate the law, which applies to therapy for patients younger than 18, will be subject to discipline by whatever group licenses them.

The therapy often starts from the premise that a person's childhood and parental upbringing has somehow left that person deficient and thus has led him or her to same-sex attractions. Practitioners often are religious, and gay rights groups have derisively characterized the therapy as an attempt to "pray away the gay."

Joe.My.God summarizes the reaction to the news that the ex-gay therapy ban has become law from various LGBT advocacy groups. No doubt the heterosexual supremacist groups and anti-gay theocracy promoters will be reacting with dismay and horror. Oh happy day!

Happy 74th Birthday, Governor Jerry Brown!

Jerry Brown, who served as California's youngest governor in the 1970s (1975-1983) is set to become also California's oldest governor by turning 74 today, April 7th.

Happy Birthday, Governor!

SATURDAY POLITICS: CA Republicans Nearly Extinct

Party	Feb 1999	January 2008	January 2012
Democratic	46.72%	42.71%	43.63%
Republican	35.27%	33.45%	30.36%
NPP	12.89%	19.38%	21.24%

 
Check out these new statsistsics about party registration in California just released by Secretary of State Debra Bowen. Democrats now have a 13 percentage-point advantage in party registration (43% to 30%) over Republicans with No Particular Party (i.e. "Independents") at "21%. This is an increase of the already-overwhelming advantage Democrats enjoyed four years ago in January 2008 when the advantage was a mere 9 percentage points (42% to 33%).

You may recall that Democrats went on to win every single statewide race in November 2010. The current results bode well for these officials re-election chances in November 2014, as well as Barack Obama's likelihood of winning the state's 55 electoral votes for president this November, and probably U.S. Dianne Feinstein's re-election as well (although I will not be voting for her).

Hat/tip to Calitics.