Posted by
Marcy Muser on Thursday, August 31, 2006 11:24:43 AM
This week California's Governor Arnold Schwarzenegger signed into law Senate Bill 1441. After doing significant research into this law, I believe it is a disaster for California's private religious organizations, particularly colleges, universities, and day care centers.
The official analysis of this bill says that:
Existing law prohibits discrimination on the basis
of, among other things, race, national origin,
ethnic group identification, religion, age, sex,
color, or disability, against any person in any
program or activity conducted, operated, or
administered by the state or by any state agency,
or that is funded directly by the state, or that
receives any financial assistance from the state.
Existing law also requires, with respect to disability,
that these programs and activities meet the
protections and prohibitions contained in certain
provisions of the federal Americans with Disabilities
Act of 1990, and the federal rules and regulations
implementing that act, or state law if the state
protections and prohibitions are stronger.
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 discrimi-
nation under these provisions to include a perception
that a person has any of these enumerated character-
istics or that the person is associated with a person
who has, or is perceived to have, any of these
characteristics.
The legislative analyses of the bill extend and clarify what effects the law will have. The Assembly floor analysis says this:
Some of the programs that would be affected by this
bill are: Medi-Cal, the California Work Opportunity and
Responsibility to Kids, food stamp programs, unemployment
and disability unemployment insurance, workers' compen-
sation, financial aid programs, child support services
programs, services for veterans, legal services programs,
home loan assistance programs, licensing of businesses,
government contracting and procurement activities, and
voter registration.
The Senate Judiciary Committee analysis is even more extensive and revealing:
Because Gov. Code Sec. 11135 covers not only the
state but also state agencies and any program or
activity at the local level that receives funding from
the state, the impact of this bill is both wide-ranging
and deep.
It will also affect contractors with the state (such as
nonprofits), where the services provided locally are
funded directly by the state or where the contractor
receives any financial assistance from the state.
Some of the programs that would be affected by this bill
are: Medi-Cal, State Disability Insurance, CalWORKS, food
stamp programs, Unemployment Insurance, Workers' Com-
pensation, financial aid programs administered by the
University of California or the California State University,
child support services programs and services for veterans,
legal services programs, home loan assistance programs,
licensing of businesses, government contracting and
procurement activities, and voter registration.
Because it is unlikely that homos-xuals are encountering discrimination in, for example, the distribution of food stamps in California, it is worth analyzing carefully who exactly the California legislature believes may be discriminating against them. Two likely targets emerge (with certain others possible, which I will enumerate in a moment).
Private religious colleges and universities in California depend to a significant degree on the distribution of Cal Grants to their students. For those who are not aware, Cal Grant provides very significant financial aid to college students, and that aid does not have to be repaid. When I attended Biola University a number of years ago, the annual tuition and fees came to around $8000. Pell Grant awarded me approximately $1200 per year toward that amount; my Cal Grant, on the other hand, came to around $5000 per year. I worked hard to put myself through college, but the truth is that without the Cal Grant, I would have been relegated to the state university system, because there is no way I could have afforded a private Christian school. Now Biola is faced with a choice: Put aside their religious convictions that homos-xual is wrong and hire them anyway, or lose many of their students, who can't afford to attend there without Cal Grant.
Private day-care centers that accept CalWORKS are the other significant target of this legislation. If I understand the program correctly, lower-income families receive vouchers to pay for day care at any center they choose. Now, California's religious day-care centers are also faced with this choice: Hire homos-xuals, even transgendered and transvestite individuals, or lose most if not all of their CalWORKS-eligible families.
I believe there may be other targets in view as well. Church-based food banks and other charitable organizations that have received state aid will also be faced with this kind of difficult choice. If California ever institutes a school voucher program (which I'll grant is unlikely in their current political climate), religious K-12 schools will have to deal with the same issue. Homeschoolers who currently accept state help in the form of textbooks and curricular materials may face discrimination (at the moment I can't see grounds for this discrimination, since homeschoolers are unlikely to be hiring people). It remains to be seen whether state-provided workers compensation will be denied to organizations that discriminate against homos-xuals, or whether private companies run by religious people will be denied government contracts if they refuse to hire gays.
I have read analyses that suggest police and fire protection would be denied to religious people and organizations that believe homos-xuality is wrong. I find that argument to be a bit of a stretch. It seems to me there are plenty of reasons to believe this law discriminates against religious individuals and organizations, without resorting to extremist rhetoric. I'm sure there will be challenges to the law in court; however, in California's judicial environment at the moment I have serious doubts the challengers will succeed. This is a dangerous and unfortunately almost irreversible law (how easy will it be to remove a protected group from the anti-discrimination laws?).
The rest of the nation must be vigilant - none of us are far from California's path in our own states. We need to vigorously fight for religious freedom, or we may soon find ourselves without it.