Yee Introduces Bill to Prevent Discrimination Against LGBT People in Political Campaigns

FOR IMMEDIATE RELEASE: February 25, 2005

Yee Introduces Bill to Prevent Discrimination Against LGBT People in Political Campaigns
Equality California-sponsored Legislation Adds Sexual Orientation and Gender Identity to the Code of Fair Campaign Practices

SAN FRANCISCO – Assembly Speaker pro Tem Leland Yee (D-San Francisco/Daly City) announced today the introduction of Assembly Bill 866, legislation designed to prevent discrimination against Lesbian, Gay, Bisexual, Transgender (LGBT) individuals in political campaigns. The bill, sponsored by Equality California (EQCA), would prohibit the use of any negative appeal based on prejudice against LGBT people by candidates or campaign committees who sign the voluntary pledge provided for in the Code of Fair Campaign Practices.

Currently, existing law establishes a Code of Fair Campaign Practices to which a candidate may voluntarily subscribe and provides a pledge by which the candidate declares that he or she will not use or permit any appeal to negative prejudice based on race, sex, religion, national origin, physical health status, or age.

"In the politically divisive debate over the rights of LGBT people, there are many instances of candidates and campaigns using a negative appeal for support using anti-gay rhetoric," said Speaker pro Tem Yee. "These negative appeals are potentially dangerous to the LGBT community, and in some campaigns have led to an atmosphere of fear, intimidation, and instances of violence. AB 866 will hopefully put an end to this type of victimization and discrimination against the LGBT community."

"The Code of Fair Campaign Practices was originally adopted by the Legislature with the purpose of encouraging candidates to discuss real issues instead of practicing distortion and hate speech," said Speaker pro Tem Yee. "It is completely unacceptable for this ethics code to not include sexual orientation and gender identity."

Anti-gay rhetoric, which often comes in the form of political hate messages, is directly connected to violence against gay and lesbian individuals. Incidents of violence against LGBT people have peaked in national elections years, such as in 2004 during the presidential campaign, in which lesbian and gay issues played an unprecedented role at both the national and local levels. In 2003, when San Francisco became ground zero in the struggle over same-sex marriage rights, incidents of violence rose over 14 percent in the city.

"Civil discourse is the solid foundation of our democracy," said Steve Hansen, EQCA’s Legislative Advocate. "This legislation puts candidates and campaign committees on notice that using anti-gay rhetoric and campaign tactics is not acceptable. Assemblyman Yee's legislation encourages a discussion of issues instead of the anti-gay distortions and untruths that are used to divide voters, and for that, his leadership is greatly appreciated."

"When I run for office, I want to be sure that I am judged on my knowledge, experience and integrity, and not viewed on stereotypes or hate," said Marina Gatto, a 16-year-old LGBT rights activist. "AB 866 is a common sense measure; it is an important and vital step towards equality, and it deserves the support of every legislator as well as everyone in our community."

In 1996, then Assemblymember Shelia Kuehl, introduced nearly identical legislation (AB 2283), which failed in its first hearing in a 3-4 vote.

The Registrar of Voters is required to provide the candidate a blank form on which to subscribe to the Code of Fair Campaign Practices, and a copy of the Elections Code provisions at the time a declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office are issued. Subscription to the Code of Fair Campaign Practices is voluntary. Completed forms are to be filed with the Registrar of Voters, and are retained for public inspection until 30 days after the election.

Founded in 1998, Equality California is a nonprofit, nonpartisan, grassroots-based, statewide advocacy organization whose mission is to ensure the dignity, safety, equality and civil rights of all lesbian, gay, bisexual and transgender (LGBT) Californians. Equality California is one of the largest and fastest growing statewide LGBT organizations in the country. We can be contacted through our website at http://www.eqca.org.

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