In modern times, California has been at the forefront of enacting anti-discrimination laws that seek to bring out the best from Californians—and set up a framework allowing people to live their work lives in an atmosphere based on merit, and their private lives free from unfair discrimination.

In that spirit, I have introduced AB 1400, The Civil Rights Act of 2005. Sponsored by Equality California, this legislation will clarify that businesses and other places of public accommodation subject to the Unruh Civil Rights Act cannot discriminate against patrons because of their gender identity, marital status or sexual orientation.

The Unruh Act and related laws apply to all businesses which provide services, goods or accommodations to the public in California. Examples include shopping centers, mobile home parks, bars and restaurants, schools, medical and dental offices, hotels and motels, and condominium homeowners associations. These laws now explicitly prohibit discrimination based on classifications including sex, race, color, religion, ancestry, national origin, disability or medical condition.

With this bill, we have an opportunity to make a meaningful change to the centerpiece of California’s non-discrimination protections in public accommodations. In the past, the California Supreme Court has rejected the argument that the Unruh Act’s ban on discrimination reaches only the classifications specified in the Act’s text. Instead, the Supreme Court has made clear that the Unruh Act also prohibits arbitrary discrimination based on other “personal characteristics,” including sexual orientation, physical appearance and family status. The Court has also made it clear that the Act should be interpreted broadly to prohibit arbitrary discrimination based on geographical origin, physical attributes and individual beliefs.

Despite these court cases, the absence of the explicit listing in the Unruh act of gender identity, marital status and sexual orientation had led to an assumption that they are not protected classes covered by law. This assumption has led to unnecessary litigation leading to flawed decisions at the trial and appellate court levels. This proposal will clarify that these specified characteristics are covered. Moreover, by explicitly listing these characteristics and providing definitions, the Unruh Act and related provisions will be more consistent with other recently enacted California non-discrimination laws, such as the Fair Employment and Housing Act (FEHA).

AB 1400 is part of a multi-year effort I have undertaken to ensure that California’s nondiscrimination laws are as inclusive as possible. Last year, I authored AB 2900, which amended over thirty labor and employment-related nondiscrimination laws in the California Code to include the list of protected classes contained in FEHA—which added sexual orientation and gender identity to many of them for the first time.

Governor Schwarzenegger signed AB 2900 into law, and I am hopeful that he will do the same for AB 1400. AB1400 has successfully passed through the State Assembly, and is now awaiting hearing in the Senate Judiciary Committee. I welcome your support and assistance with the State Senators and Governor in supporting this important new step toward equality in our state non-discrimination laws.

For more information on AB 1400, please visit http://democrats.assembly.ca.gov/members/a27/leg0506.htm.

John Laird (D-Santa Cruz) is Chair of the Assembly Budget Committee