Political Notebook: Newsom nixes statewide LGBTQ commission, approves other bills

  • by Matthew S. Bajko, Assistant Editor
  • Saturday September 28, 2024
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Seeing California launch a statewide LGBTQ commission was dashed by Governor Gavin Newsom's veto pen. Photo: Bill Wilson
Seeing California launch a statewide LGBTQ commission was dashed by Governor Gavin Newsom's veto pen. Photo: Bill Wilson

California will not be joining its West Coast counterparts in having a statewide commission tasked with addressing the needs of its LGBTQ residents. On Saturday, Governor Gavin Newsom vetoed the legislation that had called for its formation.

In 2023, Oregon established the nine-member LGBTQIA2S+ Subcommittee of the Governor's Commission on Senior Services. It is tasked with protecting and enhancing the quality of life for LGBTQ older adults residing in the Beaver State.

In 2019, Washington State established its LGBTQ Commission. The state agency also has an advisory board of 15 commissioners who are part of the Evergreen State's LGBTQ community.

Golden State LGBTQ lawmakers and advocates had hoped to follow suit with the launch of California's own nine-person Statewide LGBTQ+ Commission to help guide policymakers and legislators on how to better address the community's needs. After all, they had noted, about 2.7 million or roughly 9% of Californian adults identify as lesbian, gay, bisexual or transgender.

But Newsom 86'd the idea with his veto of Assembly Bill 3031 co-authored by Assemblymembers Alex Lee (D-San Jose), who is bisexual, and Evan Low (D-Cupertino), who is gay. It had been one of the Legislative LGBTQ Caucus' priority bills this session.

However, as he has done with myriad bills in recent days, Newsom pointed to the price tag of AB 3031 as for the reasoning behind his decision. An LGBTQ commission would result in "ongoing costs in the millions of dollars" contended Newsom in his veto message.

"In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure," wrote Newsom.

He also argued that "California leads the nation in celebrating people for who they are - fighting against hate through a comprehensive strategy and seeking to enshrine LGBTQ+ equality in the state's Constitution this November." It was a reference to Newsom's helping to pass Proposition 3 this fall to remove "zombie language" defining marriage as between a man and a woman from the state's governing document.

Thus, Newsom reasoned an LGBTQ commission isn't required to ensure the community's interests are addressed by the state's government.

"Protecting and supporting the rights of LGBTQ+ people to equal treatment under the law has been a focus of this administration since day one, and it is work that I personally have championed throughout my career," wrote Newsom, who famously bucked state law to have city officials marry same-sex couples in 2004 when he was mayor of San Francisco. "Continuing this work to advance equity and fight against discrimination is integrated into the administration's ongoing effort to tackle disparities and strengthen our commitment to a California For All."

Lee issued a statement Monday reacting to the gubernatorial veto of AB 3031.

"It's critical for us to ensure that everyone can live authentically and inclusively," stated Lee. "I authored AB 3031 to recognize the lived experiences of LGBTQ+ community members, and inform policies and programs for our community. While I'm disappointed that this important piece of legislation was vetoed, I am committed to advancing the state's progress as the bastion of LGBTQ+ rights. I will continue to advocate and fight for the voices of our LGBTQ+ community members to be heard."

Meanwhile, California education leaders have formed their own LGBTQ+ Statewide Advisory Task Force, as required by a previous bill that Newsom had signed into law. Under the auspices of State Superintendent of Public Instruction Tony Thurmond, it is tasked with identifying the needs of LGBTQ+ students and making recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being.

According to Thurmond's office, it was to begin virtually meeting in July and do so approximately six times through January 2026.

Newsom approves SOGI data bill

Another bill that was a top priority for the Legislative LGBTQ Caucus this year was Senate Bill 957 authored by gay state Senator Scott Wiener (D-San Francisco). As the Bay Area Reporter first reported in January, the legislation aims to ensure that state health officials are meeting their requirements to ask about sexual orientation and gender identity demographics, known as SOGI data for short.

It is in response to a scathing 2023 report from California's state auditor that found the statewide health department's SOGI data collection efforts were woefully inadequate. With Newsom signing SB 957 into law September 28, state health officials are now required to implement all of the recommendations in the audit.

"We can't fix a problem we can't measure, and with SB 957 we can take a critical step to delivering true health equity," stated Wiener. "With the full range of data, California can identify the unique health challenges faced by LGBTQ people and ultimately overcome them. I thank the Governor for consistently championing the needs of the LGBTQ community."

In a similar vein AB 3161 by Assemblymember Mia Bonta (D-Alameda) requires hospitals, as of January 1, 2026, to analyze patient safety events by sociodemographic factors, like race, ethnicity, language, sexual orientation, and disability status. Known as the Equity in Health Care Act: Ensuring Safety and Accountability, Newsom signed the bill into law September 27.

According to Bonta, the aim of the legislation is to bring to light the disparities in health that communities of color and LGBTQ communities are facing. Additionally, AB 3161 requires hospital safety plans to include a process for addressing racism and discrimination and its impacts on patient health and safety.

It mirrors a bill authored by gay state Senator Steve Padilla (D-San Diego) requiring California disaster plans to take into account the needs of LGBTQ people. As the B.A.R. reported online September 21, the state's Office of Emergency Services, known as Cal-OES, must update by January 1, 2027, the State Emergency Plan in consultation with LGBTQ+ organizations and community advocates. Newsom signed SB 990 into law on September 19.

It was one of myriad LGBTQ-related bills the B.A.R. tracked this legislative session and were sent to the governor to either sign or veto by September 30.

On Saturday Newsom signed AB 1899 by lesbian Assemblymember Sabrina Cervantes (D-Corona) that requires jury questionnaires used by state courts as of January 1, 2026, to be "inclusive" and allow "a juror the ability to express their gender identity or gender expression, if applicable." It had been amended not to require that the forms ask prospective jurors about their preferred names and pronouns.

September 25 Newsom signed another bill related to legal matters, AB 1979 authored by gay Assemblymember Chris Ward (D-San Diego). Known as the Doxing Victims Recourse Act, it allows a victim to pursue civil action to receive restitution for the harms endured as a result of being doxed.

Doxing is the release of an individual's private information online, such as their home address and phone number. It is a tool utilized by online trolls against their critics, with transgender individuals often becoming doxing victims when they speak out against transphobic legislation or policies.

"Online harassment has real-world consequences, and doxing is one of the most dangerous forms of this behavior," noted Ward. "Exposing highly personal and sensitive information can lead to identity theft, harassment, stalking, physical harm —— and even death. The Doxing Recourse Victims Act will give those who have been targeted by these individuals the ability to pursue recourse, reclaim their privacy, hold perpetrators accountable, and regain a sense of safety."

Because of the enactment of AB 1979, which takes effect January 1, doxing victims will be able to pursue damages not exceeding $30,000 for pain and suffering, in addition to court costs and attorney fees. According to a survey conducted by SafeHome.org, an estimated 11 million Americans report they have been the victim of doxing, or around 4% of Americans. Roughly half of all victims said their home addresses or emails were made public, while one in four of respondents said they had photos or videos distributed online without their consent.

"As members of our community face unprecedented levels of antisemitism, JPAC is particularly aware of the need for increased deterrents from, and means of accountability for, bullying behavior," stated JPAC Executive Director David Bocarsly. "We know this is also of particular concern for the LGBTQ community. We cannot leave victims helpless and without support to repair damage from doxing. We were proud to organize 22 Jewish groups to join the LGBTQ community in support of AB 1979, and thank Assemblymember Ward for championing this effort to help victims get their lives back on track."

Web Extra: For more queer political news, be sure to check http://www.ebar.com Monday mornings for Political Notes, the notebook's online companion. This week's column reported on the civic celebration for the new home of a LGBTQ history museum in San Francisco.

Keep abreast of the latest LGBTQ political news by following the Political Notebook on Threads @ https://www.threads.net/@matthewbajko.

Got a tip on LGBTQ politics? Call Matthew S. Bajko at (415) 829-8836 or email [email protected].

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