California is seen as one of the most liberal countries in the US in terms of lesbian, gay, bisexual, transgender (LGBT) rights , which has received national recognition since the 1960s. Sexual sexual activity has been legal in the state since 1976. Protection of discrimination on the basis of sexual orientation and gender identity or expression has been adopted throughout the state since 2003. Public schools are also required to teach the history of LGBT communities and transgender students are allowed to vote toilets or sports teams are appropriate in terms of their gender identity. Mental health providers are prohibited from participating in reparative therapy for LGBT underage children.
California also became the first country in the US to legalize domestic partnerships between same-sex couples in 1999. Similar-sex marriages were legalized in 2008 for five months until voters approved a ban in November of the same year. After the Supreme Court refused to recognize the legal standing of same-sex marriage on 26 June 2013, the ban was no longer in effect, allowing same-sex marriage to resume from 28 June. Similar peer applications also become law throughout the state. since 2003, allowing step adoption and joint adoption among same-sex couples.
In 2014, California became the first state in the US to officially ban the use of gay panic and trans panic defense in murder trials. In 2015 California became the first state in America to agree to pay prisoners of transgender prison to receive sex change operations. Most support for LGBT rights can be seen in the largest cities, such as Los Angeles, San Diego, and San Francisco, as well as many cities on the Pacific coast. A recent poll indicates that the majority of Californians support same-sex marriage.
Video LGBT rights in California
The law on same-sex sexual activity
In 1974, California voters voted to amend the State's Declaration of Constitutional Rights to include "their inalienable rights" such as "life and freedom, acquiring, possessing and protecting property, and pursuing and obtaining salvation, happiness and privacy." Adult laws that agree to the population over the age of 18, restricting existing laws on sodomy or oral sex to same-sex couples or opposite sexes to criminal cases alone, were passed in May 1975. See: Accept the Bill Adult Sexual
Maps LGBT rights in California
Recognition of same-sex relations
From the enactment of the law in 1971 to replace the gender pronouns with gender neutral pronouns, until 1977, the California Civil Code §§ 4100 defined marriage as "a personal relationship arising out of a civil contract, in which the agreement of a party capable of contracting it's necessary. "
This definition is uniformly defined as involving only partners of the opposite sex, but, due to concerns that language is unclear, Assembly Bill No 607, written by Assemblyman Bruce Nestande, is proposed and then authorized to "ban people of the same sex from entering marriage. legitimate. "The act changed the Civil Code to define marriage as" a personal relationship arising from a civil contract between a man and a woman, in which the agreement of the parties capable of making the contract is necessary. "
Opponents of the bill include lawmaker Willie Brown (who wrote California's sodomizing repeal in 1975) and Senator Milton Marks. The bill passes 23-5 in the state Senate and 68-2 in the Assembly. It was signed on 17 August 1977 by Governor Edmund Brown (who also signed his abrogation through SB 1306). Since 1994, this language was found in Ã,§ 300 of the Family Code.
In 1985, the City of Berkeley became the first state body in the state to recognize same-sex couples by law when it enacted its domestic partnership policy for city and district school employees. The term "domestic partner" was created by city employee and gay rights activist Tom Brougham, and all other domestic partnership policies imposed in the state in the years since being modeled after Berkeley's policy.
California has been benefiting its country-wide counterparts since 1999.
Through the Domestic Partnership Act of 1999, California became the first state in the United States to recognize same-sex relationships in any legal capacity. Under the Law of Rights and Responsibilities of the California Domestic Partners of 2003 (effective January 1, 2005), domestic partnerships are deemed to be equivalent to the legal definitions of same-sex unions recognized and committed in other states of the United States and other nation-states.
Proposition 22, an initiative passed by voters in 2000, forbids states to recognize same-sex marriage. The initiative was struck by the California Supreme Court in the Marriage Case, but a few months later, Proposition 8 restored California's ban on marriage to same-sex couples. During the time between the California Supreme Court decision and part of Proposition 8, the state allowed tens of thousands of marriage licenses to be given to same-sex couples. Strauss v. Horton affirms that the marriage is still valid after Proposition 8 passes.
In 2010, the federal district court at Perry v. Schwarzenegger stipulates that Proposition 8 is unconstitutional due to a violation of the Terms of Process and Equal Protection of the Fourteenth Amendment of the United States Constitution, but the United States Court of Appeals for the Ninth Circuit ordered the postponement of the decision pending an appeal.
In February 2012, three judges of the US Court of Appeals panel for the Ninth Circuit upheld the district court in Perry v. Schwarzenegger that Proposition 8 is unconstitutional, albeit for a narrower reason. Proposition 8 supporters seek rehearing en banc (meaning a review of the decision by a larger panel of Ninth Circuit judges) but this was rejected in June 2012. Supporters then petitioned to the US Supreme Court to review the Ninth Circuit decision, and agreed to do so on 7 December 2012. The Supreme Court issued its verdict on 26 June 2013, effectively enforcing a lower court decision that Proposition 8 is unconstitutional but does so on a procedural basis without directly addressing the constitutionality of such action. Two days later, the removal of a residence permit by the US Court of Appeals for the Ninth Circuit allows same-sex couples to remarry in California.
Efforts are underway for a 2012 referendum to lift Proposition 8 and amend the State Constitution to allow same-sex couples to marry. However, in February 2012, Love Honor Cherish, the organization collecting signatures for potential voting initiatives, canceled efforts to recall the fact that Perry's lawsuit went well for the pro-equality side and an expensive polling campaign was unlikely to happen. need.
SB 1306, introduced in February 2014 by Senator Leno and signed by Governor Jerry Brown in July 2014, updated the Family Code to reflect marriage equality in California. It removes unenforceable and discriminatory language against same-sex couples, such as Proposition 22 (2000) and AB 607 (1977), and also modernizes the entire code by replacing references to "husband" and "wife" with "spouse" (s) ".
Marriage Recognition and Family Protection Act
On October 12, 2009, after the passage of Proposition 8, Governor Arnold Schwarzenegger signed the law of The Marriage Recognition and Family Protection Act (SB 54), a law proposed by State Senator Mark Leno. The bill stipulates that some same-sex marriages conducted outside of the state are also recognized by the state of California as "marriage", depending on the date of unity.
After the California Supreme Court challenge after the passage of Proposition 8, California Supreme Court confirmed that all same-sex marriages were conducted in California before the passage of Proposition 8 remained in effect and recognized as "marriage". The Marriage Recognition and Family Protection Act also provides that same-sex marriages conducted outside the country are recognized as "marriages" if they occur before Proposition 8 takes effect. This category also includes same-sex marriage conducted before same-sex marriage becomes valid in California. SB 54 also mandates legal recognition of full-fledged marriages legally committed outside California after the passage of Proposition 8, with the only exception that the relationship can not be determined by the word "marriage". The law does not provide a label to use as a "marriage" replacement to describe this relationship; they are not "domestic partnerships". The resumption of same-sex marriage in California on June 28, 2013 effectively replaces this law with respect to same-sex marriage outside the state.
SB 1306 (2014)
Introduced by Senator Mark Leno on 21 February 2014, SB 1306 revoked Section 300 (AB 607, 1977), 308 (The Marriage Recognition and Family Protection Act, author by Sen. Leno), 308.5 (Prop 22, California Defense of Marriage Act) Family Code, and amended Section 300 to be gender neutral among other parts as well. The law removes legal references to marriage as a "between a man and a woman" union of the state Family Code and renews the law in gender-neutral terms to apply to same-sex marriage and heterosexual marriage.
During his journey, several concerns expressed that, by canceling California's Defense Marriage Law, SB 1306 violated the separation of powers because the legislature would cancel the initiative passed by voters. However, the consensus of the Judicial Committee Assembly is that voters can no longer pass unconstitutional laws, and are then ordered, more than can be done by the legislature. Remembering In Marriage Cases and Hollingsworth v. Perry , which collectively prohibits law enforcement that prohibits same-sex married couples, is determined by the Judicial Committee Assembly that the legislature has the capacity to revoke the law ordered.
SB 1306 approved by the Senate Judiciary Committee 5-2 on April 8, 2014. On May 1, 2014, the California State Senate passed the bill with a 25-10 vote. On June 30, SB 1306 graduated from the Assembly, with a 51-11 vote. It was signed by the governor on July 7, 2014 and entered into force on 1 January 2015. The definition of marriage in California is now as follows:
Marriage is a personal relationship arising from a civil contract between two persons, where the consent of the party capable of making the contract is necessary.
SB 1005 (2016)
In April 2016, the state Senate voted 34-2 to approve SB 1005, a bill by Senator Hannah-Beth Jackson who renewed California law as SB 1306. The lower California Assembly approved the bill in a 63-1 vote with amendments, back to the approved state Senate with a 34-0 vote. The bill became engrossed and registered, which meant passing both houses in the same form. The bill was signed into law by Governor Jerry Brown, and entered into force on 1 January 2017.
Adoption, surrogacy and family planning
The same-type adoption has been valid since 2003 and artificial insemination for lesbian couples has been valid since 1976.
Alrogistic or commercial surrogacy is legal in California since 1990. Californian Democrat Governor Jerry Brown has signed several surrogacy laws into law.
Protection of discrimination
Extensive cover for LGBT people is under California law, primarily for housing, credit, employment and/or employment. In addition, the portion of the In Retrial Cases that is not canceled by Proposition 8 includes the establishment of sexual orientation as a "protected class" under California law, requiring strict supervision in the dispute of discrimination.
In 1979, the California Supreme Court was held at the Gay Law Students Assn. V. Pacific Tel. & amp; Tel. that public institutions can not discriminate against homosexuals under Article I, section 7 subdivisions (a) of the California Constitution which prohibits a public utility from engaging in arbitrary employment discrimination.
In 1992, after the 101-Veto Violence, Governor Pete Wilson Signed FEHA who reformed California's existing anti-discrimination laws to cover the Sexual Orientation in employment. The punishment of the bill is different from AB 101 because the punishment given is civil and not criminal. Effective in 2000, AB 1001 further reformed FEHA and expanded employment, housing, and credit protection for gay, lesbian, and bisexual men. Gender identity or expression is not protected until 2004.
Federal Income Tax
The Internal Revenue Service decided in May 2010 that its rules governing communal property revenues for married couples extends to couples who are taxing in a state of property community that recognizes domestic partnership or same-sex marriage. Couples with registered domestic partnerships or same-sex marriages in California, a state of community ownership, must first incorporate their annual income and then each must claim half of that as earnings for federal tax purposes.
Hates crime laws
California SB 1234 explains the protection of sexual orientation and gender identity or expression with other classes of hate crime.
Panic panic and transitional panic defense
In 2014, California became the first state in the US to officially ban the use of gay panic and trans panic defense in murder trials.
Equal husband and wife visit
In June 2007, the California Department of Prisons announced it would allow same-sex visits to be the first country to do so. The policy is enforced to comply with the 2005 state law which requires state agencies to grant equal rights to domestic partners received by heterosexual couples. The new rules allow visits by only registered domestic partners or the same married couple not themselves locked up. Furthermore, domestic partnerships or same-sex marriages must be established before detention is imprisoned.
Sex change
Gender and gender changes are legal in the state. Sex confirmation operations are not a requirement to change your gender on a new birth certificate. In 2014 a new law is passed that requires officials responsible for completing transgender persons' death certificates to ensure it represents the gender expression of the dead, as documented in other government-issued documents or evidenced by medical procedures for gender confirmation. In 2015 California became the first state in America to agree to pay prisoners of transgender prison to receive gender affirmation operations.
Health of LGBT people
In 2014 new laws are passed, according to which doctors, nurses and other health care providers are expected to meet cultural competence standards that include "understanding and applying cultural and ethnic data to clinical care processes, including, where appropriate, information related to care appropriate, and provision of care for, lesbian, gay, bisexual, transgender, and intersex communities. "
Inclusive education
FAIR Education Act
The Fair Education Act is a California law signed on 14 July 2011. This law requires the inclusion of political, economic and social contributions from persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social science curriculum in California public schools by changing the California Education Code. It also changes existing laws by adding sexual and religious orientation along with race, ethnicity, nationality, gender, and disability that schools are prohibited from sponsoring negative activities about or teaching students about in an adverse manner.
School Success and Opportunity Act
The School's Success and Opportunity Act, also known as Assembly Bill 1266 or AB 1266, is a law introduced by Asseblyman Tom Ammiano and signed into law by Governor Jerry Brown. This law extends the gender identity and protection of discriminatory expression for transgender and gender incompatible with K-12 students. The bill specifically states that classes and activities should be conducted regardless of one's birth sex and allow transgendered students to use bathrooms, changing rooms, and participate in sports that are in harmony with their gender identity regardless of their physical gender at birth. The law came into force in January 2014.
But the law did not come without controversy and criticism. Anti-LGBT groups such as the National Organization for Marriage, SaveCalifornia.com, and The Pacific Justice Institute have supported the petition to have a voting initiative to invalidate the law. The petition was circulated by the Privacy Coalition for All Students who had worked with these groups. With a standard count of 620,000 signatures signed while only 505,000 were required to make a referendum on the ballot. If all signatures are considered valid, the initiative will rise in the vote for the 2014 California Election. However, the law still applies.
Conversion therapy
- A list of US jurisdictions that prohibit conversion therapy for minors
In August 2012, the California State Assembly approved SB 1172 that prohibits mental health providers from engaging in changes in sexual orientation (such as conversion therapies) with LGBT minors, signed into law by Governor Jerry Brown on September 29, 2012. The law will take effect January 1, 2013, but is challenged on Pickup v. Brown and Welch v. Brown .
On August 29, 2013, the US Ninth Circuit Court of Appeal suspended the order on SB 1172 and refused the plaintiff's claim that prohibited the SOCE ban imposed.
On June 26, 2014, the Supreme Court held a conference on whether or not to provide certiorari to Pickup v. Brown. Certiorari was rejected by the Supreme Court on 30 June 2014.
California is the first state with such a law.
HIV legal reform
On May 27, 2016 California Governor Jerry Brown signed the Bill of Bill 1408 into an immediate effective law which recently unanimously passed the California State Legislature that protected organ donations and transplants between HIV-positive people in the state of California. Surgeons who transplant organs from HIV-positive donors to HIV-positive patients are also protected from liability and from being subject to sanctions by the California Medical Board. The law is also in line with the federal HOPE Law of President Barack Obama, which overturns the federal ban on this procedure in 2013.
Gender-neutral bathroom
California became the first state in the US to legally require all single bathrooms for gender-neutral, since the law came into effect on March 1, 2017. Starting July 1, 2018 Vermont will also have a similar law.
Polling initiative
Summary table
See also
- LGBT History in California
- Intersex Rights in the United States
References
Source of the article : Wikipedia
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