SENIOR ASSEMBLY PROPOSAL NO. 8

INTRODUCED BY SENIOR ASSEMBLY MEMBER HAAS

LEGISLATIVE COUNSEL'S DIGEST

AP 8: SEX DISCRIMINATION.

THE CALIFORNIA CONSTITUTION PROHIBITS DISCRIMINATION AGAINST, OR THE GRANTING OF PREFERENTIAL TREATMENT TO, ANY INDIVIDUAL OR GROUP ON THE BASIS OF RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN IN THE OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

UNDER EXISTING LAW, ALL PERSONS WITHIN THE JURISDICTION OF THIS STATE ARE FREE AND EQUAL, AND NO MATTER WHAT THEIR SEX, RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY, MEDICAL CONDITION, MARITAL STATUS, OR SEXUAL ORIENTATION ARE ENTITLED TO THE FULL AND EQUAL ACCOMMODATIONS, ADVANTAGES, FACILITIES, PRIVILEGES, OR SERVICES IN ALL BUSINESS ESTABLISHMENTS OF EVERY KIND WHATSOEVER.

EXISTING LAW PROHIBITS DISCRIMINATION ON THE BASIS OF DISABILITY, GENDER, NATIONALITY, RACE OR ETHNICITY, RELIGION, SEXUAL ORIENTATION, OR ANY OTHER CHARACTERISTIC THAT IS CONTAINED IN THE DEFINITION OF HATE CRIMES IN ANY PROGRAM OR ACTIVITY CONDUCTED BY AN EDUCATIONAL INSTITUTION THAT RECEIVES, OR BENEFITS FROM, STATE FINANCIAL ASSISTANCE OR ENROLLS PUPILS WHO RECEIVE STATE STUDENT FINANCIAL AID.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ADD TO THE CALIFORNIA CONSTITUTION A PROHIBITION AGAINST THE DENIAL OR ABRIDGEMENT OF THE EQUALITY OF RIGHTS UNDER THE LAW ON ACCOUNT OF SEX.

VOTE: MAJORITY.

AP 8: RELATING TO SEX DISCRIMINATION

WHEREAS, CALIFORNIA IS A LEADER IN THE NATION REGARDING PROGRESSIVE CONSTITUTIONAL AND LEGAL PROVISIONS TO ABOLISH DISCRIMINATION ON MANY GROUNDS; AND

WHEREAS, CONGRESS ADOPTED THE EQUAL RIGHTS AMENDMENT IN 1972, WITH THE HOUSE OF REPRESENTATIVES VOTING 354 YEAS, 24 NAYS, AND 51 NOT VOTING AND THE SENATE VOTING 84 YEAS, 8 NAYS, AND 7 NOT VOTING; AND

WHEREAS, THIRTY-FIVE OF THE REQUIRED 38 STATES, INCLUDING CALIFORNIA, RATIFIED THE EQUAL RIGHTS AMENDMENT BY THE ORIGINAL DEADLINE OF MARCH 22, 1979, AND THE EXTENDED DEADLINE OF JUNE 30, 1982; AND

WHEREAS, TWENTY STATES HAVE ADOPTED STATE EQUAL RIGHTS AMENDMENTS IN THEIR STATE CONSTITUTIONS, BASED EITHER ON THE FEDERAL PROPOSAL OR A MODIFICATION OF THE FEDERAL 14TH AMENDMENT; AND

WHEREAS, CALIFORNIA WAS THE FIRST STATE TO GRANT SOME EQUALITY TO THE SEXES, ADOPTING IN 1879 A CONSTITUTIONAL PROVISION, STILL IN EFFECT AS SECTION 8 OF ARTICLE 1, THAT PROHIBITS DISCRIMINATION WITH THE FOLLOWING WORDING: “A PERSON MAY NOT BE DISQUALIFIED FROM ENTERING OR PURSUING A BUSINESS, PROFESSION, VOCATION, OR EMPLOYMENT BECAUSE OF SEX, RACE, CREED, COLOR, OR NATIONAL OR ETHNIC ORIGIN”; AND

WHEREAS, SECTION 31 OF ARTICLE 1 OF CALIFORNIA’S PRESENT CONSTITUTION STATES “THE STATE SHALL NOT DISCRIMINATE AGAINST, OR GRANT PREFERENTIAL TREATMENT TO, ANY INDIVIDUAL OR GROUP ON THE BASIS OF RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN IN THE OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING”; AND

WHEREAS, CALIFORNIA HAS NEVER ADOPTED AN EQUAL RIGHTS AMENDMENT TO ITS STATE CONSTITUTION WITH THE SAME WORDING AS THE FEDERAL PROPOSAL OR AS OTHER STATES THAT HAVE EQUAL RIGHTS AMENDMENTS IN THEIR STATE CONSTITUTIONS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE FOLLOWING PROVISIONS SHOULD BE ADDED TO THE CALIFORNIA CONSTITUTION:

1. EQUALITY OF RIGHTS UNDER THE LAW SHALL NOT BE DENIED OR ABRIDGED IN CALIFORNIA ON ACCOUNT OF SEX.

2. THE STATE LEGISLATURE SHALL HAVE THE POWER TO ENFORCE, BY APPROPRIATE LEGISLATION, THE PROVISIONS OF THIS ARTICLE.

3. THIS AMENDMENT SHALL TAKE EFFECT TWO YEARS AFTER THE DATE OF RATIFICATION; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD PLACE THE TEXT SET FORTH IN THIS MEASURE ON THE BALLOT FOR SUBSEQUENT VOTER APPROVAL; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

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RN 11 17650