Mark DeSaulnier on Civil Rights

Prohibit sexual orientation conversion therapy

The Legislature finds the following:
• Being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency, or shortcoming.

  The American Psychological Association advises avoiding sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder and to seek services that reduce rejection of sexual minority youth.

• The potential risks of reparative therapy are great, including depression, anxiety and self-destructive behavior, since therapist alignment with societal prejudices against homosexuality may reinforce self-hatred already experienced by the patient.

  California has a compelling interest in protecting its minors against exposure to serious harms caused by sexual orientation change efforts.

Status:Passed Senate, 23-13-4; passed Assembly 52 -22-6; Approved by the Governor 9/30/2012 (DeSaulnier voted YEA).

Supports same-sex marriage, according to Faith2Action.

Faith2Action.org is "the nation's largest network of pro-family groups." They provide election resources for each state, including Voter Guides and Congressional Scorecards excerpted here. The F2A survey summarizes candidate stances on the following topic: 'Marriage: Do you support same-sex marriage?'

Supports same-sex marriage, according to PVS rating.

Project VoteSmart infers summary responses from campaign statements and news reports The PVS survey summarizes candidate stances on the following topic: 'Marriage: Do you support same-sex marriage?'

Don't elevate gender identity as a protected class.

Heritage Action Summary: The Maloney Amendment would ratify President Obama's 2014 executive order barring federal contractors from what it describes as "discrimination" on the basis of "sexual orientation and gender identity" in their private employment policies. In practice, it would have required federal contractors to grant biologically male employees who identify as women unfettered access to women's lockers, showers, and bathrooms.

Heritage Foundation recommendation to vote NO: (5/25/2016): Congress should not be elevating sexual orientation and gender identity as a protected class garnering special legal privileges, which is the intent of the Maloney Amendment. The Maloney Amendment constitutes bad policy that unnecessarily regulates businesses. It risks undoing longstanding protections in civil rights law and makes clear that the president's orders are not exempt from them.

ACLU recommendation to vote YES: (5/11/2016): We see today claims to a right to discriminate--by refusing to provide services to LGBT people--based on religious objections. Claiming a right to discriminate in the name of religion is not new. In the 1960s, we saw objections to laws requiring integration in restaurants because of sincerely held beliefs that God wanted the races to be separate. We saw religiously affiliated universities refuse to admit students who engaged in interracial dating. In those cases, we recognized that requiring integration was not about violating religious liberty; it was about ensuring fairness. It's no different today.

Religious freedom in America means that we all have a right to our religious beliefs, but this does not give us the right to use our religion to impose those beliefs on others.

Legislative outcome: Amendment passed by the House 223-195-15 4/26/16; overall bill H.R.5055 failed 112-305-16 on 5/26/2016

Let states recognize same sex marriage.

Congressional Summary: Amends the Defense of Marriage Act to let states recognize same sex marriage. Defines "marriage" to provide that an individual shall be considered married if that individual's marriage is valid in the state or country where the marriage was entered into. Removes the definition of "spouse" (currently, a person of the opposite sex who is a husband or a wife).

Wikipedia and GLAAD history: In United States v. Windsor (2013), the U.S. Supreme Court declared Section 3 of DOMA unconstitutional under the Due Process Clause of the Fifth Amendment. Obergefell v. Hodges (2015) struck down the act's provisions disallowing same-sex marriages to be performed under federal jurisdiction. The Supreme Court case did not challenge Section 2 of DOMA. Section 2 declares that all states have the right to deny recognition of the marriage of same sex couples that originated in states where they are legally recognized.

Heritage Foundation recommendation to vote NO: (3/20/2013): Americans respect marriage, not only as a crucial institution of civil society but the fundamental building block of all human civilization. This is why 41 states and the federal government affirm that marriage is between a man and a woman. The government isn't in the business of affirming our loves. Rather it leaves consenting adults free to live and love as they choose. And contrary to what some say, there is no ban on same-sex marriage. In all 50 states, two people of the same sex may choose to live together, and choose to join a religious community that blesses their relationship. What's at issue is whether the government will recognize such relationships as marriages--and compel others to recognize and affirm same-sex relationships as marriages.

Legislative outcome: Died in Committee (never came to a vote).