Samuel Garrett-Pate

The California Senate unanimously passed legislation authored by Senator Scott Wiener (D-San Francisco) and co-sponsored by Equality California to mandate the collection and reporting of sexual orientation and gender identity data for all COVID-19 patients on Thursday. Senator Wiener and Equality California introduced SB 932 in early May in response to the state and counties’ failure to collect and report data about the crisis’s impacts on the LGBTQ+ community — depriving both the government and LGBTQ+ community leaders of invaluable information needed to protect the health of LGBTQ+ Californians.

“California’s response to this crisis has been data-driven — and rightly so,” said Equality California Executive Director Rick Chavez Zbur. “Our government has set a national example of how to use data and science to meet this moment. But if LGBTQ+ people are left out of the data, then we’ll be left out of the response. Every day that passes, we lose critical, valuable information that could save lives. We will never get that information back. We’re grateful to the Senate for passing SB 932 and hope the Assembly will work quickly to send this emergency bill to Governor Newsom and that he will sign it.”

California is already collecting data on race, age, and sex with respect to cases of COVID-19 — data that has revealed deep disparities in both infection and fatality rates among Black and Latinx Californians. SB 932 requires collection of voluntarily provided sexual orientation and gender identity data for all COVID-19 patients, which would allow public health officials and government and community leaders to understand whether similar disparities exist within the LGBTQ+ community. As with all demographic data, no one will be required to answer these demographic questions, though every patient will be asked.

“SB 932 is essential in helping us understand how the LGBTQ community is being impacted by COVID-19,” said Senator Wiener. “LGBTQ people have heightened risk factors around this virus, yet we don’t collect this health data and have missed the opportunity for months. The history of LGBTQ people is a history of attempted erasure, in our health care system and in society. This erasure must stop, and collecting data is essential to end it. I want to thank Equality California for its partnership on this important health issue.”

If LGBTQ+ people continue to be left out of COVID-19 data, then outbreaks within the community can’t be detected and government and public health officials can’t take action to prevent COVID-19-related deaths. In addition to urging the California Legislature to pass SB 932, Equality California and other LGBTQ+ advocates have asked state and local elected officials and public health leaders to take immediate administrative action to begin collecting sexual orientation and gender identity data.

Because rates of respiratory issues (from smoking), HIV/AIDS, cancer, and homelessness are higher in the LGBTQ+ community, LGBTQ+ people are likely experiencing greater health impacts from COVID-19. Additionally, LGBTQ+ people are more likely to work in the service industry and in front-line jobs. In May, Pennsylvania Governor Tom Wolf announced that the Commonwealth would be the first state to begin collecting sexual orientation and gender identity data. Los Angeles County Supervisor Sheila Kuehl and Los Angeles Mayor Eric Garcetti announced last Friday, June 19, that the County and City of Los Angeles have begun collecting data on sexual orientation and gender identity for all patients who receive a COVID-19 test through their free testing program.

SB 932 will allow healthcare providers and public health officials to understand rates of COVID-19 in the LGTBQ+ community, and help LGBTQ+ people get the resources and support they need. The bill is co-authored by all members of the California Legislative LGBTQ Caucus, as well as Assemblymember David Chiu (D-San Francisco), and co-sponsored by Equality California and the California LGBTQ Health and Human Services Network.

Across California on Tuesday, openly LGBTQ+ candidates and pro-equality allies running for office dominated in key races up and down the ballot. With the backing of Equality California, the nation’s largest statewide LGBTQ+ civil rights organization, San Diego mayoral candidate Asm. Todd Gloria emerged from his primary as the clear frontrunner, pro-equality ally Asm. Christy Smith (D-Santa Clarita) placed first in both her special election and primary election for the 25^th Congressional District and state senate candidates Asm. Susan Talamantes Eggman (D-Stockton) and Abigail Medina (D-San Bernardino) both advanced to the November election. If elected, Eggman and Medina would make history as the first two LGBTQ+ women of color to serve in the California Senate. Both dual-endorsed candidates for California’s 53^rd Congressional District Sara Jacobs and Georgette Gómez also advanced to the November election. Additional information about many of Equality California’s priority races is included below.

“Yesterday’s results clearly demonstrated that openly LGBTQ+ Californians and our allies are winning in every corner of the state with a broad, diverse base of support from voters,” said Equality California Executive Director Rick Chavez Zbur. “As importantly, voters overwhelmingly rejected candidates who engaged in anti-LGBTQ+ rhetoric and homophobic campaign tactics. Californians have had enough of the hate and division in Washington — they’re looking for leaders who will unite our communities and fight for our common values. Supporting LGBTQ+ civil rights and social justice is a winning strategy across California. And candidates who refuse to stand on the right side of history will soon find themselves standing alone.”

Notably, three Democratic candidates who had engaged in anti-LGBTQ+ rhetoric and campaign tactics suffered embarrassing defeats on Tuesday. After raising hundreds of thousands of dollars for his CA-25 bid, online talk show host Cenk Uygur barely received 5 percent of the vote in both the special election to serve the rest of U.S. Representative Katie Hill’s (D-Santa Clarita) first term and the 2020 primary electionfor the seat. Senate hopefuls Mani Grewal (D-Modesto) and Kris Goodfellow (D-Redlands) both fell short of advancing to the November election after engaging in anti-LGBTQ+ campaigns against Eggman and Medina.

Equality California ran a robust get-out-the-vote operation to boost priority state, local and federal candidates. Equality California Political Action Committee, the state PAC affiliated with the civil rights organization, ran independent expenditure campaigns — including combinations of direct mail, robocalls, peer-to-peer text messaging and digital advertising — in Senate Districts 5, 11, 21 and 23; Assembly Districts 78 and 42; and the San Diego Mayor’s race. Equality California staff and board members volunteered as canvassers supporting endorsed candidates in Congressional District 25 and Senate Districts 11, 15, 21, 23 and 37.

According to the first wave of NBC News’s exit polling on Tuesday, LGBTQ+ voters made up 11 percent of California’s primary electorate. This tracks with Equality California’s polling, which shows that LGBTQ+ Californians make up 12 percent of registered voters in the Golden State and reinforces the fact that the LGBTQ+ community is a critical, powerful voting bloc in California that should not be ignored or taken for granted.

Other openly LGBTQ+ candidates advancing to the November general election include Senate Pro Tem Toni Atkins (D-San Diego), Assemblymembers Evan Low (D-Campbell) and Sabrina Cervantes (D-Riverside), as well as senate candidate John Laird (D-Santa Cruz) and Assembly candidate Jackie Smith (D-Rocklin). Assembly candidates Scott Rhinehart (D-Mission Viejo) and Alex Lee (D-San Jose) are currently in second place in races that are too close to call. Senate candidate Joy Silver is currently in third place in the special election race for Senate District 28 — also too close to call — which will almost certainly go to a May 12 runoff.

Key Races in which Equality California engaged:

• San Diego Mayor: Assemblymember Todd Gloria is the clear frontrunner in his race to make history as the first LGBTQ+ San Diegan to be elected mayor of California’s second-largest city. Equality California was an early endorser of Gloria’s mayoral bid and has supported the Legislative LGBTQ Caucus Vice Chair throughout his career, including in his previous campaigns for San Diego City Council and California Assembly.
• Congressional District 25: Christy Smith (D-Santa Clarita) emerged victorious in both the special election to serve the rest of U.S. Representative Katie Hill’s term and the 2020 primary election and will likely face off against Republican Mike Garcia in both contests. Anti-LGBTQ+ candidates Cenk Uygur and former U.S. Representative Steve Knight — whom Hill defeated in 2018 with Equality California’s help — were rejected by voters.
• Congressional District 50: Ammar Campa-Najjar (D-Jamul) placed first in the primary election to replace disgraced former U.S. Representative Duncan Hunter. It appears he will face Republican former U.S. Representative Darrell Issa, who has a long history of corruption scandals of his own and was recently slammed by the San Diego Union-Tribune for running an anti-LGBTQ+ ad targeting openly gay Republican Carl DeMaio in the primary.
• Congressional District 53: After Equality California dual-endorsed nonprofit leader Sara Jacobs (D-San Diego) and openly LGBTQ+ San Diego City Council President Georgette Gómez, the two candidates will advance to the November runoff, ensuring that the district will continue to be represented by a pro-equality champion after U.S. Representative Susan Davis (D-San Diego) retires.
• Senate District 5: Susan Talamantes Eggman (D-Stockton) emerged victorious, while anti-LGBTQ+ Democrat Mani Grewal placed a distant third, despite significant last-minute outside spending on his behalf. Last August, Equality California criticized Grewal for an anti-LGBTQ+ ad attacking bipartisan legislation sponsored by Equality California and law enforcement officials, costing Grewal the support of two lawmakers and the Legislative API Caucus. Equality California also ran an independent expenditure campaign on Eggman’s behalf, including direct mail, paid phone calls, text messages and targeted digital ads.
• Senate District 11: Legislative LGBTQ Caucus Chair Senator Scott Wiener (D-San Francisco) bested his Democratic primary challenger by more than 20 points, winning nearly 55% of the vote. Equality California ran a $2+ million independent expenditure supporting Wiener in 2016 and considers his reelection to be a top priority in 2020.
• Senate District 23: Abigail Medina (D-Highland), who is openly lesbian, advanced to the November election and is currently in first place in this key pickup opportunity for Senate Democrats. Last week, Equality California condemned her Democratic opponent Kris Goodfellow for running a smear campaign attacking Medina’s sexual orientation and ethnicity. Goodfellow is currently in fourth place and will not advance to the November ballot. Equality California also ran an independent expenditure campaign on Medina’s behalf, including direct mail, paid phone calls, text messages and targeted digital ads.
• Assembly District 42: After leaving the Republican Party last year, incumbent Asm. Chad Mayes (I-Yucca Valley) — who scored a 100% on Equality California’s legislative scorecard last year — is currently in first place and has almost certainly secured a spot on the November ballot in his re-election race. If he wins in November, Mayes would be the first independent candidate to win a race for state office in over 25 years. Equality California ran an independent expenditure campaign on Mayes’ behalf, including direct mail, paid phone calls, text messages and targeted digital ads.

To see a full list of Equality California’s endorsed candidates, visit eqca.org/elections. 

California State Assemblymember Todd Gloria (D-San Diego) has secured a significant victory for the state’s LGBTQ youth. Today, the Senate Education Committee approved Assembly Bill 493 (AB 493), authored by Assemblymember Gloria and co-sponsored by State Superintendent of Public Instruction Tony Thurmond and Equality California, which would require teachers to receive training on school and community resources available to support LGBTQ students. AB 493, known as the Safe and Supportive Schools Act of 2019, passed the Committee 6 -0 with bipartisan support and now advances to the Senate Appropriations Committee.

“The Safe and Supportive Schools Act will create a more supportive and safe learning environment for LGBTQ students by providing teachers with the resources they need to support our LGBTQ youth both at school and in their local community,” said Assemblymember Todd Gloria. “Despite an overwhelming increase in reports of harassment, many LGBTQ students do not report their troubles because they question whether they will be understood and if an effective intervention will occur. This is why this bill is critical.”

AB 493 would require online training every two years for teachers of grades seven through 12 and all other certified employees of the school. The training would include information about school site and community resources available to support LGBTQ students as well as strategies to increase overall support teachers can provide LGBTQ students. This will help ensure educators know how to best support LGBTQ students facing bullying, harassment, discrimination, and/or lack of acceptance at home or school.

“With all the unique challenges that LGBTQ students face in our schools and our communities, it’s critical that we equip every California teacher with the tools and training they need to support them,” said Equality California Executive Director Rick Zbur. “We’re grateful to the Senate Education Committee for their bipartisan support today, and we look forward to continuing to advance this crucial legislation with Assemblymember Gloria and Superintendent Thurmond.”

According to the 2017 National School Climate Survey, 82 percent of LGBTQ students reported hearing anti-LGBTQ remarks in their school; approximately 7 in 10 reported being called names or threatened because of their sexual orientation; and more than one-third of students who identify as LGBTQ reported missing at least one day of school because of feeling unsafe.

AB 493 is co-authored by the California Legislative LGBTQ Caucus. The bill now heads to the Senate Appropriations Committee for consideration.

Senator Scott Wiener’s (D-San Francisco) Senate Bill 145, which ends blatant discrimination against LGBTQ youth regarding California’s sex offender registry, passed the Assembly Committee on Public Safety with a 6-2 vote. It now heads to the Assembly Committee on Appropriations. SB 145 is co-sponsored by the Los Angeles County District Attorney’s Office and Equality California, and is supported by both law enforcement and civil rights advocates.

Currently, for voluntary unlawful sexual relations between a teenager age 14 to 17 and a partner within 10 years of age, “statutory rape” (i.e., penile-vaginal intercourse) does not mandate that the offender go onto the sex offender registry; rather, the judge has discretion to decide, based on the facts of the case, whether sex offender registration is warranted or unwarranted. By contrast, for all other forms of sex — specifically, oral and anal — sex offender registration is mandated under all situations, with no judicial discretion under any circumstances.

This distinction in the law — which is irrational, at best, as it treats oral and anal sex as somehow worse than penile-vaginal sex — disproportionately targets LGBTQ young people by mandating sex offender registration for the forms of intercourse in which they engage. For example, if an 18-year-old straight man has penile-vaginal intercourse with his 17-year-old girlfriend, he is guilty of a crime, but he is not automatically required to register as a sex offender; instead, the judge will decide based on the facts of the case whether registration is warranted. By contrast, if an 18-year-old gay man has sex with his 17-year-old boyfriend, then the judge *must* place him on the sex offender registry, no matter what.

“California shouldn’t be discriminating against LGBTQ young people, particularly when that discrimination forces these kids onto the sex offender registry,” said Senator Wiener. “This irrational discrimination on the sex offender registry was created when California banned and criminalized LGBTQ sex. This distinction between statutory rape and other forms of sex is a relic of California’s discriminatory past, and it’s time to bring an end to it. SB 145 brings parity to the sex offender registry so we are treating all young people the same. Going on the sex offender registry can ruin a young person’s life, making it harder for them to find a job and housing. We need to put an end to this terrible discrimination.”

SB 145 does not legalize any kind of sex with a minor and does not change the potential sentence for having sex with an underage person. Rather, the bill simply gives judges the ability to evaluate whether or not to require registration as a sex offender. To be clear, this judicial discretion for sex offender registration is *already* the law for penile-vaginal intercourse when the minor is aged between 14 to 17 years old and the offender is within 10 years of age of the minor. SB 145 simply extends that same discretion to other forms of sex. A judge will maintain the authority to place someone on the registry if the behavior at issue was predatory or if they believe registration is appropriate. This change will treat straight and LGBTQ youth equally, end the discrimination against LGBTQ people, and ensure that California stops stigmatizing specific sexual acts.

“SB 145 will strengthen California’s Sex Offender Registry and end our state’s discriminatory practice of treating LGBTQ young people differently than their non-LGBTQ peers,” said Equality California Executive Director Rick Zbur. “We’re grateful to the Assembly Public Safety Committee for their support and to Senator Wiener for his leadership on this long overdue bill.”

SB 145 does not apply to sex of any kind with minors who are younger than 14 or if the behavior was forceful. For those crimes, mandatory sex offender registration remains untouched.

Until recently, the California Supreme Court (People v. Hofsheier) and the Appellate Courts had held that requiring mandatory lifetime registration for sodomy, oral copulation, and sexual penetration, but not penile-vaginal sexual intercourse, was a violation of the equal protection clause, and was unconstitutional. However, in a more recent case, Johnson v. Department of Justice, the California Supreme Court overturned the Hofsheier case, reasoning that since sexual intercourse can cause pregnancy and other sex acts cannot, it is not discriminatory to treat the offenses differently and for harsher penalties to be in place for other sex acts that cannot result in pregnancy.

SB 145 will overturn the Johnson decision and end this blatant discrimination.

For the full text of the bill please click here.

###

Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

In Equality California’s 20th anniversary year, the nation’s largest statewide LGBTQ civil rights organization has introduced its most aggressive, robust package of pro-equality legislation yet. The organization’s priorities include a number of first-in-the-nation bills and are primarily focused on supporting LGBTQ youth and families, increasing access to HIV prevention medication and protecting the civil rights of transgender and intersex Californians.

Equality California is sponsoring the following 2019 bills and resolutions in the California Legislature and has experts available for comment or background briefings:

Safe and Supportive Schools Act – AB 493 by Assemblymember Todd Gloria and State Superintendent of Public Instruction Tony ThurmondAB 493 will give teachers and school staff the tools and training they need — and want — to support LGBTQ students who may be facing harassment or lack of acceptance at school, rejection at home or discrimination in the broader community. Public school teachers and staff are on the front lines of providing a safety net against the effects of discrimination and lack of acceptance for the LGBTQ community, which can result in higher dropout rates, lower economic success and a number of other disparities in health and well-being that LGBTQ people continue to face. If LGBTQ students have support in school, their likelihood of overcoming these disparities and succeeding in school and life increases significantly. Equality California is cosponsoring AB 493 with State Superintendent of Public Instruction Tony Thurmond.

Status: Passed by the Assembly Education Committee 5-0. Referred to the Assembly Committee on Appropriations.

LGBTQ Young People Nondiscrimination – SB 145 by Senator Scott Wiener and LA County District Attorney Jackie LaceySB 145 will address the state’s discriminatory practice of treating LGBTQ young people differently than their non-LGBTQ peers when engaging in voluntary sexual activity. Currently, for example, if an 18-year-old boy has voluntary sex with his 17-year-old girlfriend, he isn’t required to register as a sex offender. But if an 18-year-old boy has voluntary sex with his 17-year-old boyfriend or an 18-year-old girl has voluntary sex with her 17-year-old girlfriend, they’re automatically required to register as sex offenders, no matter the circumstances and without any opportunity for a judge to provide discretionary relief from the requirement. SB 145 only applies when a teenager age 14 or older has consensual sex with a partner who is within 10 years of age. The bill will simply allow the older partner to request — and a judge to grant — relief from the registration requirement. Equality California is cosponsoring SB 145 along with Los Angeles County District Attorney Jackie Lacey.

Status: Referred to the Senate Public Safety Committee. Scheduled for hearing on Tuesday, April 9.

PrEP and PEP Access Expansion – SB 159 by Senator Scott Wiener and Assemblymember Todd GloriaSB 159 will reduce barriers to accessing HIV preventative medications. This legislation will authorize pharmacists to furnish pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP) to patients without a prescription. Pharmacists are already authorized to furnish birth control pills without a prescription. The legislation will also prohibit insurance companies from requiring patients to obtain prior authorization before using their insurance benefits to obtain PrEP or PEP. Equality California is cosponsoring SB 159 along with the San Francisco AIDS Foundation, the Los Angeles LGBT Center and California Pharmacists Association.

Status: Referred to the Senate Committee on Business, Professions, and Economic Development.

Intersex Autonomy – SB 201 by Senator Scott WienerSB 201 will protect the rights of intersex Californians — “intersex” being a term used for people born with variations in their sex characteristics — by ensuring they can provide informed consent before medically unnecessary, often irreversible and potentially harmful procedures are performed on them. SB 201, at its core, is about giving people born with variations in their sex characteristics autonomy over their own bodies. The bill does not prohibit treatment or surgery when it is medically necessary; it will simply delay elective surgeries that often performed on babies in an attempt to “normalize” their bodies until they have the ability to make their own informed decision. Equality California is cosponsoring SB 201 along with interACT and the ACLU of California.

Status: Testimony heard by Senate Committee on Business, Professions, and Economic Development on Monday, April 1. Scheduled for vote on Monday, April 8.

Homeless Youth Grant Program – AB 307 by Assemblymember Eloise Gómez Reyes and Senator Scott WienerAB 307 will require the development and administration of a grant program that would, primarily, support nonprofit organizations or continuum of care administrative entities in serving youth experiencing homelessness. Funding will go toward an array of supportive services, including rental assistance, drug abuse prevention, health care and employment assistance. All programs funded under AB 307 will be required to have the cultural competence to serve youth who identify as LGBTQ. Equality California is cosponsoring AB 307 along with the California Coalition for Youth, Tipping Point Community, John Burton Advocates for Youth, Housing CA and Corporation for Supportive Housing.

Status: Passed by the Assembly Human Services Committee 8-0. Referred to the Assembly Committee on Appropriations.

Affirming Records – SB 741 by Senator Cathleen GalgianiSB 741 will update the law to allow transgender Californians to update their marriage certificates and the birth certificates of their children to accurately reflect their legal name and gender, while still protecting their privacy. Current state law allows transgender people to petition courts to change their legal name and gender to conform with their gender identity. The law then allows such a person’s old birth certificate to be sealed and a new one issued as an original to protect the person’s privacy and respect their identity. This legislation would simply align the process for updating transgender people’s marriage certificates and the birth certificates of their children with the process for updating their own birth certificate. This will help to prevent discrimination when a transgender person enrolls their child in school, applies for a loan or seeks to make medical decisions on behalf of an incapacitated spouse.

Status: Referred to Senate Rules Committee.

Bias-Free Child Custody Determinations – SB 495 by Senator Maria Elena Durazo

SB 495 will add language to the California Family Code to prohibit discrimination on the basis of sexual orientation or gender identity of a parent, legal guardian or relative when granting custody of a child. While there are examples of California case law to the effect that “sexual preference” should not affect child custody determinations, this language is outdated, unclear, and has not been codified within the California Family Code. This lack of clear and comprehensive policy allows local Family Court mediators, investigators, and judges to make recommendations and rulings based on their own biases about how sexuality and gender may impact the “well-being of the child.” All parents deserve the right to be considered in matters of custody without their sexual orientation or gender identity being used against them. Equality California is cosponsoring SB 495 with the Women’s Policy Institute and the Long Beach Bar Association.
Status: Passed by Senate Judiciary Committee.

Updating Transgender Students’ Academic Records – AB 711 by Assemblymember David ChiuAB 711 will ensure that local educational agencies in California update the records of former students who identify as transgender, making certain that their legal name and gender are accurately reflected on critical documents like high school diplomas and school transcripts. This includes reissuing high school diplomas and high school equivalency certificates, as needed. This bill seeks to close a gap in current law to ensure that all transgender people who have attended California educational institutions have the same rights and protections. Equality California is cosponsoring AB 711 with Transgender Law Center.

Status: Referred to the Assembly Committee on Education

Strengthening California’s Equal Pay Act – AB 758 by Assemblymember Wendy CarrilloAB 758 will strengthen California’s equal pay laws by requiring that employees of all genders are paid equitably to their counterparts for substantially similar work. This bill will also address unjustified workplace pay differentials for employees who do not conform to the gender binary. California’s Equal Pay Act prohibits employers from paying an employee less than an employee of “the opposite sex” for substantially similar work. AB 758 will update the California Equal Pay Act’s outdated binary language to align with the Gender Recognition Act of 2017 (SB 179, Atkins), which enabled Californians to obtain state issued identity documents that reflect their gender identity by creating a third, nonbinary gender marker.

Status: Referred to Assembly Committee on Labor & Employment.

Transgender Respect, Agency, and Dignity Act – SB 132 by Senator Scott Wiener SB 132 addresses a very real problem facing incarcerated transgender individuals, namely, transgender people being housed according to their birth-assigned gender, not their gender identity or perception of safety, resulting in significant risk of violence. Transgender women housed in male facilities face particular risk of rape and assault. SB 132 will change state law to require incarcerated transgender people in the custody of the Department of Corrections and Rehabilitation be classified and housed based on their gender identity, unless the incarcerated person’s evaluation of their own safety is that another housing placement is safest. SB 132 also requires that the preferred first name, gender pronoun and honorific of the incarcerated individual be used by facility staff in all written and verbal communications. By housing incarcerated transgender people based on their gender identity or perception of health and safety, transgender people will be housed in institutions that decrease their likelihood of experiencing targeting and violence, and they will have access to the programming and work opportunities that will best promote and support their health and safety.

Status: Referred to Senate Committee on Public Safety. Scheduled for hearing on Tuesday, April 23.

Honoring Bayard Rustin – ACR 27 by Assemblymember Wendy CarrilloACR 27 honors the legacy of civil rights, labor and LGBTQ leader Bayard Rustin. Born on March 17, 1912 in West Chester, Pennsylvania, Rustin dedicated his entire life to advancing justice and dignity for all. He was a close advisor to Rev. Dr. Martin Luther King, Jr., organized the historic 1963 March on Washington for Jobs and Freedom and promoted equity through nonviolent protests. An openly gay African American, Rustin understood the intricate intersections of marginalized identities and fought tirelessly for progress and opportunity.Status: Adopted by the Legislature on March 19, 2019.

###

Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

A delegation of more than 30 LGBTQ elected officials, artists, athletes and activists traveled across the border Tuesday to shed light on the human face of the manufactured crisis at the border — in particular, the unique plight of LGBTQ asylum seekers in Tijuana [Photos]. More than 80 counties around the world treat same-sex sexual activity as a crime, and LGBTQ people face violence and persecution in many more. Still, refugees face significant and increasing obstacles to seeking asylum in the United States, including discrimination and violence on their journey, at the border and in U.S. immigration detention facilities. Hosted by Equality California and This Is About Humanity, today’s delegation spurned new commitments and understanding — including a significant gift from Nate Berkus and Jeremiah Brent of TLC’s Nate and Jeremiah by Design to keep Casa Jardin de las Mariposas — one of the city’s only shelters serving the LGBTQ population — open and allow them to move into a new, safer facility.  

“When people know better, they do better,” said Berkus and Brent. “We’re committed to shedding a light on the injustices that members of our community face and helping to uplift the stories of those who have been forgotten.”

Joining Equality California, This Is About Humanity, Berkus and Brent on the trip were California Insurance Commissioner Ricardo Lara, the state’s first openly LGBTQ statewide elected official, Senator Scott Wiener (D-San Francisco), Assemblymember Todd Gloria (D-San Diego), Sacramento City Councilmember Steve Hansen, Los Angeles Board of Public Works President Kevin James, openly gay NBA star Jason Collins and others.

“In my country, it is a crime to be a trans woman, or a gay guy…a horror,” a transgender woman fleeing Honduras told the group, as she described horrific violence against her at the hands of her own family member and local gangs.

A lesbian woman who arrived in Tijuana less than 24 hours earlier described brutal rape and the knowledge that the gangs she escaped are still pursuing her. Another transgender woman and her family were tearful as they explained simple goals: safety and school for their kids, after losing their home and business in El Salvador at the hands of local gangs who targeted them for the woman’s gender identity. Two other transgender women who previously stayed at Casa Jardin de las Mariposas have since died — Roxana Hernández in a U.S. Immigration and Customs Enforcement detention center and Camíla Díaz Cordova in El Salvador after being deported from the U.S.

The delegation was also hosted by Border Angels at El Bordo (The Border) and the shelter La Embajada del Migrante/Undocumented Café. In addition, the delegation visited Movimiento Juventud 2000 in the Zona Norte, where they handed out books and snacks to families and kids and joined a panel discussion that focused on the issue from both sides of the border featuring immigration lawyers from Immigration Defense, the San Diego LGBT Community Center and the ACLU San Diego. Chef Ruffo Ibarra, a partner with Jose Andres’ World Kitchen hosted the delegation and panelists at Oryx Capital, part of Tijuana’s growing food scene.

Reactions from delegation leaders: 

• From Commissioner Ricardo Lara: “As LGBTQ Californians we have to be at the forefront of the human rights crisis at our southern border being fueled by our federal government’s policies,” said California Insurance Commissioner Ricardo Lara. “I am inspired by the brave humanitarian leaders on both sides of the border who are helping to reunite families and protect the rights of asylum seekers fleeing homophobia, transphobia and racism.”
• From Senator Scott Weiner: Today’s trip across our Southern border reminded us just how inhumane the Trump Administration’s treatment of refugees is,” said Senator Scott Wiener (D-San Francisco), who serves as Chair of the California Legislative LGBTQ Caucus. “LGBTQ asylum seekers face unique challenges as they attempt to find refuge, including increased violence due to homophobia and transphobia in their countries of origin and on the journey to the United States. It was both enlightening and heartbreaking to hear individuals tell their stories of identifying as LGBTQ and thus subjecting themselves to discrimination and violence. We must do more to stop this humanitarian crisis for our LGBTQ community and for all asylum seekers.”
• From Equality California Executive Director Rick Zbur: “Immigration issues are LGBTQ issues. Hearing LGBTQ asylum seekers share stories of such profound violence, persecution and danger — some from gangs and some from their own family members — it’s heartbreaking to know that our government continues to violate our own laws and values to deny them safety.”

Background: In nearly 80 countries around the world, same-sex sexual activity is a crime, and you can face the death penalty in nine, including the most recent addition of Brunei. Transgender, intersex and gender-nonconforming people face unique and often heightened legal risks and persecution. And LGBTQ people face violence, persecution and lack of acceptance — even if not from the state itself — in many more countries.

Asylum law in the United States allows individuals to seek asylum due to persecution or well-founded fear of future persecution on account of race, religion, nationality, political opinion or membership in a particular social group. In 1990, LGBTQ people were declared eligible for asylum under the “particular social group”designation. However, LGBTQ asylum seekers face a unique set of challenges when they arrive at the U.S. border, including a dramatically higher risk of violence due to homophobia and transphobia – both in their journeys to seek asylum and inside the camps and detention centers where they may find themselves along the way and at the border.

Why Tijuana:​ Tijuana shares a border and the busiest land port of entry in the world with the City of San Diego. LGBTQ refugees and asylum seekers frequently stop in Tijuana before continuing to the U.S., and may be returned to Tijuana, pending the outcome of their cases, despite international law that provides for their ability to remain in the United States during that period. Highlighting the complications and severe impacts of current U.S. and Mexican immigration policies relating to the asylum process is key to raising awareness and helping shape policies in both countries.

###

Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

The mission of This Is About Humanity is to provide humanitarian support to asylum seekers, migrants and refugees on both sides of the border. Created and led by Elsa Collins, Yolanda Selene Walther-Meade and Zoe Winkler-Reinis, TIAH helps educate others on being allies and advocates and through our proximate trips to the border and through the money we direct, we will help support those individuals with essentials and necessities of living; with access to legal services, mental wellness checkups; as well as fund projects at shelters in Tijuana to better the lives of those awaiting asylum or who are seeking shelter in Tijuana.  We also provide for a range of projects including educational bus trips to the border, donations to legal services, construction projects at shelters as well as material goods for unaccompanied minors. www.thisisabouthumanity.com

Equality California, the nation’s largest statewide LGBTQ civil rights organization released the following statement from Executive Director Rick Zbur in support of Governor Gavin Newsom’s decision to impose an indefinite moratorium on executions in the State of California, to be announced Wednesday:

“Equality California applauds Governor Newsom for the principled leadership he has demonstrated through this decision. Fairness and equality are fundamental California values. But these core values are not reflected in our state’s broken death penalty system. We cannot accept a system in which certain communities — especially communities of color and the LGBTQ community — are disproportionately vulnerable simply because of our race, our sexual orientation or gender identity, how much money we have or where we are from.

“In 2004, then-Mayor Gavin Newsom stood up for marriage equality before it was politically popular. Today, Governor Newsom is taking another principled stand, this time against California’s unfair and unjust death penalty system. As Dr. King said, ‘The time is always right to do what is right.’”

“Equality California is committed to our mission of striving to create a world that is healthy, just and fully equal for all LGBTQ people. The governor’s moratorium on executions is an essential step toward creating such a world.”

###

Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org