Issue:  Vol. 40 / No. 5 / 4 February 2010
Serving the gay, lesbian, bisexual, and transgender communities since 1971
 




Gov. Schwarzenegger vetoes Harvey Milk bill

NEWS

s.hemmelgarn@ebar.com

Governor Arnold Schwarzenegger. Photo: Jane Philomen Cleland


Print this Page
Send to a Friend
Share on Facebook
Share on Twitter
Share on MySpace!

On the last day to either sign or reject hundreds of bills, Governor Arnold Schwarzenegger on Tuesday, September 30 vetoed a bill honoring the late San Francisco Supervisor Harvey Milk.

Assembly Bill 2567, authored by openly gay state Assemblyman Mark Leno (D-San Francisco), would have designated May 22 as Harvey Milk Day, recognizing Milk's birthday. Milk was the country's first openly gay man to win elective office when he won a supervisor seat in 1977.

The legislation would have encouraged public schools and educational institutions to conduct commemorative exercises to mark Milk's birthday. The bill would not have resulted in a paid state holiday.

In his veto message, Schwarzenegger said, "I respect the author's intent to designate May 22 as Harvey Milk Day and a day of special significance for California public schools and educational institutions to honor Harvey Milk as an important community leader and public official in the city and county of San Francisco. However, I believe his contributions should continue to be recognized at the local level by those who were most impacted by his contributions."

Leno's office released a statement Tuesday in which he quoted the last line of the governor's veto and said, "The governor's veto message ... only underscores the need for an ever broader audience to learn of the hope and inspiration that Harvey Milk's life represented. Discrimination, inequality, and injustice are global issues, which Harvey valiantly fought while sacrificing his own life to an assassin's bullet."

Disgruntled ex-Supervisor Dan White, who had resigned his board seat, killed Milk in November 1978, along with then-Mayor George Moscone. A movie about the gay pioneer's life, simply titled Milk , will have its worldwide premiere in San Francisco Tuesday, October 28. It's set for general release in November.

"This veto will not deter us from our goal of sharing Harvey's message of courage and personal empowerment with all Californians," Leno stated.

Geoff Kors, executive director of Equality California, which sponsored the legislation, said in a statement that the governor's veto "is a disappointment to thousands and thousands of Californians who regard Harvey Milk as a national hero. This is a sad reminder of the lack of understanding of both the LGBT community and of the impact of Harvey Milk. ... Milk inspired Americans in every corner of our nation to stand proud in the face of adversity, and he gave his life in the pursuit of equality."

Other bills signed

Some other LGBT-related bills faired better.

On Tuesday, the governor signed AB 2654, the Civil Rights Act of 2008, which continues a multi-year effort by Assemblyman John Laird (D-Santa Cruz) and co-sponsor EQCA to modernize California's anti-discrimination laws.

The bill strengthens existing law to ensure protections based on gender, race, color, religion, ancestry, national origin, disability, medical condition, marital status, and sexual orientation. The bill clarifies sections of law that prohibit discrimination in insurance and government services and activities.

"The Civil Rights Act of 2008, along with my four previous similar bills, corrects currently deficient anti-discrimination laws and ensures clear, consistent and comprehensive protections for all Californians," Laird, who chairs the LGBT Legislative Caucus, said in a statement.

On Sunday, September 28, Schwarzenegger signed Senate Bill 1729, which was written by state Senator Carole Migden (D-San Francisco) and requires senior care facilities' employees to receive training on needs and issues specific to LGBT seniors. The bill was sponsored by EQCA.

"All too often LGBT seniors face social isolation and even outright discrimination by long-term care providers while in nursing homes and assisted living facilities," Migden, an out lesbian, said in a statement.

Several Bay Area agencies, including San Francisco's New Leaf: Services for Our Community and Openhouse, issued a joint statement applauding the bill's signing.

"This progressive legislation builds on a long history of advocacy for LGBT seniors by our LGBT community-based organizations in collaboration with Senator Migden and others," Ann Harrison, executive director of New Leaf, said. "We at New Leaf are grateful for this tangible recognition of the care our LGBT seniors deserve."

Seth Kilbourn, executive director of Openhouse, stated, "Since 2004, Openhouse has trained over 1,000 providers from over 150 agencies on the unique needs of LGBT seniors.  We look forward to working with the California Department of Public Health to ensure that nursing home staff get the training they need to better serve the large and growing population of LGBT seniors."

At least one other Migden bill was vetoed, however. SB 153, which would have allowed two people - including same-gender couples - who co-own a home and meet specified criteria to avoid a property tax increase upon the death of one co-owner.

In his veto message Tuesday, the governor said, "Existing law already provides that real property transferred between spouses and registered domestic partners, or between parents, grandparents, and children, is exempt from reassessment. Further, co-owners not covered by any of these exemptions have the option of changing a real property title to a joint tenancy, thus ensuring that a reassessment does not occur upon the death of one joint tenant."

Another bill signed by Schwarzenegger on Sunday was AB 3015, which was designed to protect foster youth against harassment and discrimination at school. Authored by Assemblywoman Julia Brownley (D-Woodland Hills), and co-sponsored by EQCA and other groups, the bill was introduced in response to the death of 15-year-old Lawrence King, who was shot by a fellow classmate at E.O. Green Junior High School in Oxnard in February.

King, who had begun to identify as gay, was the target of bullying and ridicule by some of his classmates, including Brandon McInerney, the alleged shooter. The victim was in the foster care system and lived in a group home for abused and neglected youth.

The bill requires that existing training programs for foster youth and their caregivers include information about California's school safety laws that protect students from discrimination.

"It is my deep, sincere hope that AB 3015 serves as a step forward in providing our young people with a safe, protective environment in which to grow and thrive," Brownley said in a statement. "Our thoughts will always be with Larry, whom we will remember as a young man who rightfully believed it was his protected right to pursue and to discover his own identity."

Budget news

EQCA also helped ensure that the budget addresses LGBT needs in other ways. The budget includes $400,000 in funding to aid LGBT victims of domestic violence and $40,000 for the implementation of safe schools laws that protect LGBT youth.

To secure the funding, EQCA said it worked closely with members of the LGBT Legislative Caucus, including Laird, Leno, and state Senator Sheila Kuehl, (D-Santa Monica). EQCA also partnered with LGBT community organizations to make the case for LGBT-specific funding.

Each year, $400,000 will be allocated to the Equality in Prevention and Services for Domestic Abuse Fund, administered by the Office of Emergency Services.

The fund was established in 2006 with legislation authored by former Assemblywoman Rebecca Cohn (D-Saratoga), and sponsored by EQCA with support from the L.A. Gay and Lesbian Center and Community United Against Violence. The fund offers grants to organizations that provide domestic violence services for LGBT clients.

Funding for school safety will be allocated to the education department's administrative budget, with $40,000 being set aside to support a part-time staff position responsible for implementing AB 397, a bill that was authored by Assemblyman Lloyd Levine (D-Van Nuys) and signed into law in 2007.

The legislation requires the department to regularly monitor whether school districts are taking appropriate steps to keep students safe from harassment and discrimination based on sexual orientation and gender identity.