This past week the California Senate passed two key pieces of legislation that would ban discrimination against GLBT individuals. On Aug. 22 California Senate voted 22-15 to approve Assembly Bill 1400, the Civil Rights Act of 2005, authored by Assemblymember John Laird, D-Santa Cruz, as well as Assembly Bill (AB) 866, authored by Speaker Pro-Tem Leland Yee, D-San Francisco/Daly City, by a 21-12 vote.

AB 1400 amends the Unruh Civil Rights Act and related provisions to clarify that discrimination in public accommodations based on sexual orientation, gender identity or marital status is illegal. The bill will go back to the Assembly for another approval or concurrence vote, where it was previously passed. It will ultimately head to Governor Schwarzenegger’s desk for his final approval.

“With Governor Schwarzenegger’s signature, we can put in place this important change to the Unruh Act, the centerpiece of non-discrimination protections in public accommodations,” said Assemblymember John Laird in a statement following the vote. “I’m pleased with the Senate’s vote in favor of reducing unnecessary litigation and clarifying the law for businesses and customers.”

Equality California executive director Geoffrey Kors believes no business should discriminate based on sexual orientation, gender or marital status.

“The California Legislature has made it clear that unfair business practices will not be tolerated in the Golden State,” he said.

The Unruh Act applies to all business establishments that provide services, goods or accommodations to the public. Shopping centers, mobile home parks, bars and restaurants, schools, medical and dental offices, hotels and motels, and condominium homeowners associations are some of the businesses subject to the Unruh Act. Discrimination based on sex, race, color, religion, ancestry, national origin, disability or medical condition is explicitly prohibited under the Unruh Act.

Courts have held that the categories listed in the Unruh Act should be interpreted broadly to prohibit arbitrary discrimination, including discrimination based on personal characteristics, geographical origin, physical attributes and individual beliefs. The categories listed in the act are meant as examples of discrimination, and the act should be interpreted broadly, Equality California said.

“I’m confident that Gov. Schwarzenegger will sign both AB 1400 and AB 866 and maintain his 100-percent record with supporting bills sponsored by Equality California,” Equality California state board vice chair Ron Ferrero told the Gay & Lesbian Times. “I believe the governor does not support discrimination, and both of these bills are intended to prevent the use of discrimination, one in the area of campaigns and the other primarily in the area of housing and businesses who provide goods and services.”

AB 866 aims to prevent discrimination against GLBT individuals in political campaigns. It now sits on Gov. Schwarzenegger’s desk, and he has 12 days to veto it or sign it into law.

Assembly Speaker Pro-Tem Yee authored the bill, which would add sexual orientation to the Fair Campaign Code. It would prohibit the use of any negative appeal by candidates or campaign committees based on prejudice against gay and lesbian people. Candidates and campaigns would sign a voluntary pledge provided for in the Code of Fair Campaign Practices.

“I urge the governor to immediately sign this bill into law so we can move one step closer to ending anti-gay rhetoric in political campaigns,” Yee said in a statement issued following the vote. “Candidates should not discriminate and victimize the gay and lesbian community for political purposes. Fostering campaigns that create fear and intimidation only incite a potentially dangerous situation for the gay and lesbian community.”

Kors said its bad politics to sideline ethics and integrity to gain votes.

“We cannot allow a few bad apples to hijack political campaigns and really cheapen the voting process with homophobia and anti-gay prejudice,” he said. “…Winning elections on the backs of lesbian, gay, bisexual and transgender people is just wrong, and opens the door to attacks and violence against our community. This is why the Legislature has passed this necessarily piece of legislation and we believe Governor Arnold Schwarzenegger will uphold respect and equality for all Californians.”

A voluntary Code of Fair Campaign Practices pledge is already available for candidates to sign. The pledge states they will not use any negative appeal or prejudice based on race, sex, religion, national origin, physical health status or age during their political campaigns. This pledge and a copy of the Elections Code provisions are required to be provided by the Registrar of Voters at the declaration of candidacy, nomination papers, or any other documentation that identifies the intent to be a candidate for public office.

Several studies have determined that political hate-driven messages have been directly connected to violence against gay and lesbian people, especially in national election years like the recent 2004 election cycle. Incidents of violence rose over 14 percent throughout the San Francisco area when the city issued civil marriage licenses to same-sex couples in 2003, Equality California said.

A key resolution also passed the California Senate this week. Senate Joint Resolution 11, authored by state Senator Christine Kehoe, D-San Diego, passed through with a 23-14 vote on Aug. 22. Equality California-sponsored SJR 11 requests Congress and President Bush to end the military’s “Don’t Ask, Don’t Tell” policy by enacting House Resolution 1059, the Military Readiness Enhancement Act, which was authored by Representative Marty Meehan, D- Massachusetts. The resolution now heads for a vote in the Assembly before becoming official.

“I think this country is long overdue in their recognition of the great service and sacrifice of lesbians and gays that have served and died in defense of this country,” Ferrero said.