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SB 1441 Passes California Senate

[UPDATE: Governor Arnold Schwarzenegger signed into law SB 1441]

Senate Bill 1441, sponsored by Equality California (EQCA) and authored by Senator Sheila Kuehl (D-Santa Monica) passed the legislature Friday. The bill, which is quoted below, is designed to amend the existing Section 11135, extending the ban on discrimination in state operated or funded programs to gays - including services like police and fire protection, financial aid, social services and food stamps.

From SB 1441

This bill would add sexual orientation to these provisions and
define for these purposes "sex" and "sexual orientation."

The bill would also expand the definition of discrimination under
these provisions to include a perception that a person has any of
these enumerated characteristics or that the person is associated
with a person who has, or is perceived to have, any of these

From Equality California

"I'm proud that SB 1441 has earned the distinction of being the first EQCA-sponsored bill to pass the Legislature this year," said Geoff Kors, EQCA executive director. "Once again, California is leading the way in providing the most comprehensive nondiscrimination protections in the country, and for that we thank the tremendous leadership of Senator Kuehl and our many partners in the legislature."

"I am very pleased that my colleagues passed this measure and supported the principle that everyone should have equal access to the programs and services provided by our government," said Senator Kuehl. "With Governor Schwarzenegger's signature, this bill will close an important gap in California's nondiscrimination laws."

Posted by Ace

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By Blogger SWIMGUARD, at 8/18/06 2:22 PM

this bill is actually a horrible example of democrats infringing on a person's religious rights. this bill if signed will force all christian and other religious schools that accept federal financial aid to promote homosexuality. these school are faith based and that teaching goes against their faith. the government has no rights infringing on our religious freedom.    

By Anonymous Anonymous, at 8/19/06 5:23 PM

Actually, they have a choice. They can decide to get funding elsewhere. Why should the state support bigotry, discrimination, and hate?    

By Anonymous Anonymous, at 8/20/06 9:19 PM

Our government legislates morality. If you kill someone, you go to prison. Thus, the real question is this: Which version of morality should prevail? The answer: The one that was written by the One who created us. The same one that gives us a hope and a future. The Bible.

1 Timothy 2:5... "For there is one God and one mediator between God and men, the man Christ Jesus."    

By Anonymous Anonymous, at 8/22/06 11:42 AM

The word "State" stands for
various bodies and institutions
that the citizens of California
support with their hard earned
tax dollars. The matter should
be left up to them and them
alone. If we have a government
of special interest groups
and lobbies, then we no longer
have a democracy    

By Anonymous Anonymous, at 8/23/06 8:58 PM

If religious programs and schools must choose to EITHER act and teach in accordance with those moral principles which have governed them for milenia OR accept federal tax dollars, the government then discriminates against Christians/Muslims/Jews solely based on their religion. This is already clearly not acceptable under the law. In a democracy we embrace freedom of thought and freedom of conscience. My tax dollars currently fund dozens of initiatives directly and indirectly, that go against my personal beliefs. It is ridiculous for someone to think that no one who disagrees with them should receive federal or state money. It even more ridiculous to characterize religious schools and organizations as bastions of bigotry, discrimination, and hate and he who does demonstrates his own bias and ignorance when he does so. Of course there are ignorant people within the various faith-communities who are hate-mongers, just as there are hate-mongers who are tall, and short, white, and black, old, and young. But these people are a tiny minority, and if an organization's primary mission was to spread hate, we have safeguards in place to make sure it would not be federally subsidized. Whether you agree with their ideas about God or morality, one cannot deny that much good is accomplished in society by people and institutions of faith, and they are an integral part of the fabric of our nation, historically and today.    

By Anonymous Anonymous, at 8/29/06 9:52 AM

The religous conservatives think any of this equality legislation is just another piece of "special rights", however no one likes to be discriminated. President Bush proposed faith based initatives which has also fostered discrimination. If you accept government money you need to be inclusive because you are accepting taxpayer money that comes from the hard work of all people of all ethnicities and cultures. Religon is importaint part of American life, however it should be privately funded and organized.    

By Blogger MuseMe, at 8/29/06 11:59 AM

Civil Rights are to protect ALL citizens, regardless of their social or religious choice, race, culture, or differences of birth. Not all good American citizens, not all faithful tax payers, not all those who die for their country, not all who labor day in and day out to support their families believe in the same God, have the same experience of social justice, or the same definition of immorality. To some, a more vile immorality than a person born to be attracted toward someone of the same sex is the persistent apathy toward the education of their children, the insurmountable expense and maze of basic healthcare, and the lack of provision of affordable housing. The religious who exclude those that they consider to be sinners from having basic rights in the marketplace forget that their Divine commission is to love and serve, NOT to punish and judge. If you must, then why not pick the immorality that actually IS responsible for the disintergration of marriages, families, and society - ADULTRY? Where is the national Christian legislation denying the immoral sinful adulterers their civil rights? Those that run rampant in our society smashing families to pieces right and left, where is the Christian outrage for them? Sweep your own porch and leave me to sweep mine.    

By Anonymous Mergath, at 8/29/06 1:07 PM

I think it's brilliant that- in some places, at least- discrimination and hatred are lessening, instead of taking over. I think this bill is a wonderful idea, and I'm immensely glad that it passed. Go Arnie!    

By Anonymous jaydub, at 8/29/06 8:16 PM

As long as Anonymous and people like her/him are in the majority, they ought to be free to legislate against minorities in any way they please? It looks to me as if the 'discrimination' that Anonymous resents so much is *precisely* the sort of discrimination that s/he wants to be free to practice against gays. Last I looked, that's what the dictionary calls 'hypocrisy.' The New Testament too, now that I think of it.    

By Anonymous Anonymous, at 8/30/06 6:34 AM

Hypocrisy?!? It is absolute hypocrisy for the new religion of homosexuality to impose their beliefs on people of other faiths! You go nuts when you perceive someone violating your special rights, but your happier than all get out to violate the rights of others if you don't agree with them. Homosexuality is a perversion. It always has been and will be. I would not prevent homosexuals from doing their activities, but don't force me to think or say it is not a perversion. It is a perversion and I will teach my children such.    

By Blogger Jenn Stewart, at 8/30/06 9:37 AM

To the above comment...

Thank you for sharing your thoughts. You are the exact reason why we need laws like this. It is pretty sad that we even need to have laws to make it illegal to discriminate in housing, employment, public services etc.

When we look back at history--not even too long ago when laws were passed to prevent discrimination against people of color. It was the same people like you back then that fought to keep black from discrimination protection that are now fighting to keep discrimination against gay, lesbian, bisexual and transgender people legal. It's always religion that is used as a basis to discriminate. It's sad.

You will be on the wrong side of history.    

By Blogger Jenn Stewart, at 8/30/06 10:25 AM

Editors note: Comments that are disgusting and hateful will promptly be deleted.    

By Anonymous Anonymous, at 8/30/06 10:39 AM

Jenn - you're already overstepping the legislation. Please define 'hateful' and 'disgusting' comments.    

By Anonymous Anonymous, at 8/30/06 10:46 AM

Jenn - your 'people of color' argument is false. Behavior is modifiable, skin color is not - with the exception of Michael Jackson. But we all know he was born with more pigment.

Jenn - did you know that there is no such thing as skin color?    

By Blogger Jenn Stewart, at 8/30/06 10:47 AM

Not a problem. You probably haven't seen the comments as I delete them within a minute.

Using words attacking gays and "perverse", comparing us to animals, using the word "fag" or "dyke" etc will not be tolerated as this is a gay blog--our blog.

We have no problem having enlightened conversations, though when it steps over that line, it's gone. You damn fundies are too much sometimes (see I can say whatever I want as I own this online world you are visiting). We can only take so much hateful rhetoric in one day before we start to see the trend in talking points direct from the self-proclaimed, so-called "family" groups.    

By Anonymous Anonymous, at 8/30/06 10:49 AM

MuseMe - you wrote 'not all ... believe in the same God.' Which god do you believe in?    

By Anonymous Anonymous, at 8/30/06 10:51 AM

MuseMe - you wrote 'The religious who exclude those that they consider to be sinners from having basic rights in the marketplace forget that their Divine commission is to love and serve, NOT to punish and judge.'

To which religion do you refer?    

By Anonymous Anonymous, at 8/30/06 11:16 AM

I think it's a shame to once again see Christians and other people of faith continue to fight the wrong battles at the wrong time. Legislation like this passes because homosexual activism has had no resistance to speak of in the last 30 years, and the power structure in this country caves to the loudest voices, no matter how small the number. Gay activists in the latter half of the 20th century have had a clear and calculated agenda to oppose and reverse centuries of moral, legal, and religious consensus on the issue. Books such as After the Ball: How America Will Conquer Its Fear and Hatred of Gays in the 90's (1989, Doubleday/Bantam) by Kirk and Madsen, and numerous position papers by gay activists have laid out a clear plan for exactly how America will be desensitized to the homosexual lifestyle and eventually accept it as "normal." There were even seven demands that were promoted and distributed at the Gay Pride March on Washington, DC, April 25, 1993. And America has willingly (and easily) fallen prey to the brilliantly executed propaganda campaign, while Christians sat back and watched. Now these same Christians are shocked and appalled when Republicrat Governor Schwarzenegger passes gay friendly legislation, while they sit on their couches and snicker at shows like "Queer Eye."

Events like this should reinforce two lessons every social conservative and person of faith needs to learn again and again. First, we need to have the same zero tolerance approach to homosexuality that the homosexuals have toward those that oppose them. They cry "tolerance" but notice how they are only tolerant of that agree with them (let's see how long this post lasts, for example). We need to be the same. You can love the people, but not the behavior. Fight it at every turn.

Second, we need to learn that the more the government gives us, the more it controls us. Everybody wants their piece of the government dole, but then they don’t like it when the government tells them what to do with it's money (I know, I know, it's OUR money. Think again). We need to reject the constant increase in publicly funded and woefully inefficient programs. Vote down candidates that want to increase government size and spending. Write your public officials when you see waste. Embrace private social organizations, and give your time and resources to them, especially if they hold to your values. If you don’t want the government controlling your lives, don’t give it the power to do so.

I'm not one of these people that likes to find battles in the "culture war" behind every issue. But I do believe we're going through a period where we in America are waging an internal war of sorts on our moral identity. Homosexuality is a major front, and there are at least two sides. As I read the battle field, the conservatives are losing, but the war is not over yet, and we have the majority. We just need to wake up.    

By Blogger Gavin S., at 8/30/06 11:24 AM

You are out of touch. Extremely out of touch and paranoid.

One question - how do gay and lesbian people change your life? How is it that the gay couple that may live next door to you who has been together for longer than you--and hasn't been married and remarried 2-3 times like the straights on your street can have such an effect on your life?

Answer: THEY DON'T. You sir, are fighting the wrong battles. Why don't you suit up and join the Bush-brigade in Iraq? Afterall, that's a battle you voted for and support... look where we are now.    

By Anonymous Anonymous, at 8/30/06 11:51 AM

Ah yes, the old "what happens in someone's bedroom doesn't hurt anyone" argument. But rather than comment on the method of your response, let's deal with the substance.

Perhaps a more appropriate way to phrase your question might be, "how does the acceptance of homosexuality change my life?" A look at the last 10 years might provide some answers. The homosexual movement hasn't just been pushing to be left alone, they've been pushing to be classified as minorities and as a "protected class." Crimes that happen to be inflicted against gays are worse because they are "hate crimes." Companies like mine offer same-sex domestic partnership benefits, but if you have a heterosexual domestic partnership, you are out of luck. States are being pushed to recognize "civil unions", but only if you are homosexual. And because they lose a majority of votes on these subjects, they push their agenda through the court system. So these special rights will be extended, and will impact everyone, whether you agree with the behavior or not.

Witness SB 1441. Now religious institutions and social conservitive groups are being forced to accept something they find morally wrong. And the homosexuals will not stop until they own the argument in every government institution, every school (public and private), and eventually the churches. This is already happening in Canada. So you see, it affects my life deeply.

As for being out of touch, that's a matter of perspective. There is a small but loud and powerful group that accepts homosexuality. That group, as I read the poll numbers, the postion of every major religion, and a vast majority of recent state constituional votes on gay issues, does not represent any majority. So I would say you are out of touch.

And regarding your wish for me to go to Iraq, since you have no idea who I voted for or what my position on the war is, I'm assuming such an enlightened and tolerant person as yourself would not be wishing me personal harm just because of what I believe, would you?    

By Anonymous Anonymous, at 8/30/06 11:53 AM

Gavin - Gays and lesbians don't change our lives - laws do.

Gavin - are you familiar with Sharia law? You need to pray to the false god of homosexuality (liberalism - that would be the Democratic party) that Sharia law doesn't rule this nation and that the US wins in Iraq. Otherwise, you and yours will be the first off'd. And from what I've read, loyalty isn't found in the religion of liberalism.    

By Anonymous Anonymous, at 8/30/06 1:54 PM

Jenn: Thanks for the explanation of what sort of speech is not tolerated on your blog. Neither of my two comments used any of the words you suggested, nor did they attack gays. But I did say things you'd rather not hear. Tough to have "enlightened conversations" about homosexuality when there is so little freedom of speech here, and now in all of California thanks to HB 1441. Oh, well. Your loss.    

By Blogger Gavin S., at 8/30/06 2:03 PM

It isn't only you "Anonymous". Although you have commented over 10 times now... look like u are even branching off into different posts. With every comment you show the need for laws like SB 1441. Keep it up! Don't be a stranger :)    

By Anonymous Anonymous, at 8/30/06 3:30 PM

So Gavin, do you ever even try to make an argument, or are the smarmy remarks the best you can come up with?

Perhaps you feel that since you're in a gay forum, you can just post sarcasm and don't need to be thoughtful. Too bad.

Oh, and you should be aware that for those of us without accounts, posting as Anonymous is the easiest way to join the conversation. So there are (shudder the thought) several of us.    

By Blogger Gavin S., at 8/30/06 3:52 PM

Not at all. This is my blog. I think that the conversation going on here will go absolutely no where. You have your views, I have mine. That's when we decide that neither of us are going to change our minds on the issue. I have so much more to say--but honestly it would perpetuate an argument that isn't necessary.    

By Anonymous Anonymous, at 8/30/06 4:14 PM

While you may be right that this conversation will "go no where", we can still debate, no? I mean, unless this blog exists just to promote groupthink, or is just a forum to promote one kind of thought and bash everything else, the debate is where all the fun is, isn't it?

I just happen to come across your blog fishing around for news on SB 1441. Clearly I have a different point of view, but rather than hang out on one of those conservative "the sky is falling" forums, I was hoping to engage in some thoughtful conversation about an issue that affects so many people. But if you're saying this is not the place for that kind of thing, you win. I'll go away now.    

By Anonymous Tiffany Harper, at 8/30/06 4:25 PM

I am deeply saddened that whenever a person of religious faith states their disagreement for a law such as SB 1441, they are attacked; called a "bigot", we "discriminate" etc. I read Anonymous's comment and I have to say, he/she never said anything about hate or fearing Homosexuals. I personally, do not hate or fear those who practice homosexuality, however I do not believe in the practice. I personally feel it is a sin and I will continue to believe it as such. That is discrimination? I don't think so. Please educate yourselves on the definition of discrimination, since California especially does not know the difference. This is my personal belief. I don't think a Faith-based institution should not have to "conform" to the beliefs of the rest of California in order to protect their state funding. How is that Constitutional? How is that allowing us to practice religious freedom? Why are we becoming victims of discrimination by the EXACT SAME PEOPLE who point the finger at those who practice our beliefs? Can you answer that one? My comment is not hateful, it is just hard to hear and to take. Those who do not understand what I am saying or choose not to hear it obviously does not practice "tolerance" as much as they preach it.    

By Anonymous Mark, at 8/30/06 4:32 PM


This is because of the huge disconnect that you and the GLBT community have. We are not discussing a behavior here, though this is your thinking.

Tiffany, when did you choose to be straight? As soon as you can tell me that, I can tell you "when I chose to be gay". My sexuality is just as much a part of me as is the color of my skin.

Without getting over the fact that sexuality is not a choice one makes--then we can dscuss.    

By Anonymous Tiffany Harper, at 8/30/06 4:57 PM


So because of my "disconnect with the GlBT community, this give you the right to say that I discriminate or that I am not "tolerant"? My thinking is incorrect? Okay, so maybe your sexuality is apart of you, but I don't believe God made you that way. I will never say anything mean to you because I am afraid, unfortunately and I do not support this, that either you or your friends may have been viciously attacked regarding your sexuality. However, just because I say this does not mean that I will change my view on the act of homosexuality, nor do I think it would give you or anyone else a justified reason to say that I am discriminating. Because I do not. That makes you no better than those who spew hatred towards you.    

By Anonymous Anonymous, at 8/30/06 5:14 PM

Mark - when did you choose to be gay?

I do recall making the choice to comport myself in a manner that pleases the God that made us both. Like the time I felt like killing someone for betraying me, I chose to NOT kill them.

Inside we all know God and specific revelation (the Bible) tells us what's right and wrong. Denying Christian's their right to articulate and live their beliefs (SB 1441) is very similar to Sharia law (that's the law that rules most Islamic nations - ever been there? Don't - you'd be happily killed by a crowd for 'being' gay); denying the rights (moral and otherwise) of others.    

By Blogger Ace, at 8/30/06 5:40 PM


Everyone take a chill pill. If you consider youself conservative and didn't support SB 1441 - sorry - we win. This law should be an example to all states. And please don't act so surprised when others get mad at you when you leave comments that call homosexuality an "act" or "practice", it makes you look stupid. Don't you understand that just like the end of slavery, the beginning of women's suffrage, and the end of segregation, GLBTs will get ALL their rights accordingly. It is simply a matter of time. You have ever right to express your opinion - and we will prove you wrong. But you won't stop us. We're all here to stay, and we'll never stop fighting for our rights.    

By Anonymous Anonymous, at 8/30/06 11:36 PM

This post has been removed by a blog administrator.    

By Anonymous Tiffany, at 8/31/06 8:46 AM


you are just as ignorant. I don't care if you consider yourself "open" to other ideas because you are gay etc.....because you have proven in your comment that you are ignorant and therefore you sound just as stupid.    

By Blogger Jenn Stewart, at 8/31/06 8:59 AM

Please refrain from playing God. Your comments have been deleted.    

By Blogger Jenn Stewart, at 8/31/06 9:11 AM


In no way has Ace "proven himself to be ignorant and therefore sounds just as stupid".

You don't even make sense. I will give you three reasons why you are wrong.

1.) The generations that share your viewpoint will be dead before us and their hate and ignorance will be buried with their rotting corpse. Not all, but many. There is a huge shift in public opinion in not only in my generation, but the one that came before and after me.

2.) Science has already started to prove that homosexuality is a genetic trait. Even if it was proven beyond a doubt--people like you would still disagree with science, which is sad.

3.) Aligning yourself with those above you that say, "I do recall making the choice to comport myself in a manner that pleases the God that made us both. Like the time I felt like killing someone for betraying me, I chose to NOT kill them." If equating being gay to make a decision to kill another human. That's a non-comparison and utterly ridiculous.

GLBT people will win this battle. It will take time, though if you look at this civil rights struggle--we are doing pretty damn good. We will be victorious--there is no question in my mind about that. People will look back at you and those like you the same way I look back--and still view the KKK. You get my point.    

By Anonymous Tiffany, at 8/31/06 11:44 AM

How can you compare me to the KKK? I am voicing an opinion and yes I do make sense. You just choose not to listen because you are too busy your little self-liberating parade. You attack those who don't agree with you because you feel threatened. I don't feel threatened. I have not said anything mean or derogatory against you except that Ace shouldn't say that we look stupid, because when you will look exactly the same way. I am in no way on a witch hunt....and I think that people shouldn't be discrimated against in their sexual preference. However, what I am upset about is that this law can put churches, christian day care centers and colleges in a situation where they have to abandon what they believe in order to be funded by the state. We are Christian, and if we truly believe the Bible, then we can't just change our beliefs in order to appease you. Sorry. I won't conform to the rest of the world like so many others have. As for the people who share my viewpoint being dead before you will....please pay attention to the rest of the world and notice that there are a lot more conservative people than you think. That is what I mean by you and your colleagues being just as ignorant and looking just as "stupid"....you have no respect to anyone else or their opinions or their beliefs. If I don't agree with you or your lifestyle, that DOES NOT MAKE ME A BIGOT OR SIMILAR TO THE KKK. That just says I have a brain and I am able to make an opinion and have my own beliefs without being swayed by public and yes, even popular, opinion.

You may win here on earth and that is fine, but I hope that in the end you are right. Because if you aren't, there is a far worse place that you will end up and I don't want you to be there. I don't wish that on anybody. My God loves you, but he will judge everybody.

As for science, I believe that Science can't solve everything, nor can it explain everything. The fact that we think it can is just as sad.

I believe that Homosexuality is a sin. Again, this is my belief and that doesn't make me ignorant. It is just different than yours. Sin can be anything from telling a white lie to committing mass suicide. It makes no difference to God.

I noticed that you delete comments that you don't like, especially ones that have to do with God. Why be threatened by what we have to say in regards to God? I am sorry if Anonymous has offended you with his preaching, and he may come off as a pharisee more than a loving christian. It shouldn't be that way and I am not going to recite scripture to you because I don't believe that you will even listen to it.

The fact of the matter is...you may meet me in person and I would never ever say hurtful things to you. But you choose to say that I am similar to the KKK. That is just disrespectful and shows me how vengeful and hateful you are. You want us to be open to your lifestyle and I can listen to you and accept your orientation, but I don't agree with it. I won't change that. However, please show me the same courtesy.    

By Anonymous Anonymous, at 10/26/06 1:49 PM

The only anti-homosexual argument I ever hear is "Our God says it's wrong!" Who cares? You are entitled to your beliefs you just can't inflict them on anyone else. You can beleive it's wrong all you want, but regardless of personal beliefs, you may not discriminate against anyone, even if you interpret the Bible to mean your God says homosexuality is wrong. If the private christian colleges, daycares, and schools have such a huge problem with homosexuality then they don't have to accept gov't money.    

By Anonymous Anonymous, at 11/27/06 12:14 AM

Aren't you also discriminating against those who believe this lifestyle is wrong and aren't you showing no respect to parents who are trying to raise their children to be moral people? Just because people believe the homosexual lifestyle is immoral doesn't mean they are teaching hate. There are many valid reasons why a parent would not want to choose to be a homosexual. Besides spiritual reasons there are also social, emotional and health concerns. Parents have the right to protect their children. They have the right to raise them in their beliefs and traditions. These people also make up a large part of the American population and have every right to the benefits of their own tax dollars.    

By Blogger Gavin S., at 11/27/06 10:58 AM

Anonymous 12:14am:

No this bill does not discriminate against bigots like yourself. You have every right to send your child to that school. Nothing has changed in that regard. Your child can still attend the school as if they would have before this bill was passed.

What this does mean is that schools who receive STATE FUNDS cannot discriminate based on perceived/actual sexual orientation. Meaning, if a gay student wanted to attend one of these schools, and was denied that right to education solely because they are GLB or T - then that is plain and simple discrimination and California will not support state funded discrimination. It is that simple. Not hard to comprehend at all. When a Christian or otherwise religious school expects California's funding - discrimination won't fly. Even in the case of a straight student who may be perceived as gay or lesbian and is denied entry into that school because of this, know that it not only protects that gay and lesbian community from discrimination. It could be your son or daughter as well.

I think Arnold took a brave step by signing this law. I think what you may be missing here is the fact that under California state law you already cannot discriminate based on race, religion, gender, marital status etc etc etc. This just adds GLBT people to that list.

Your assessment above is skewed and illogical. There are social and emotional concerns with the GLBT community because of people like you. Just remember that. Ignorance is bliss I guess.    

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