Some Cal. National Guard Exempted From 'Don't Ask'

Some Cal. National Guard Exempted From 'Don't Ask'
by Mark Worrall
365Gay.com Newscenter
San Francisco Bureau
Posted: September 28, 2004 8:18 pm ET

(San Francisco, California) Some members of California's National Guard are now protected from dismissal under revisions to state labor law.

The Omnibus Labor and Employment Non-Discrimination Act which was signed into law by Governor Arnold Schwarzenegger.

The act standardizes over 30 labor and employment non-discrimination provisions to make them consistent with the Fair Employment and Housing Act (FEHA). One of the changes grants protection to some members of the California National Guard from the U.S. military "Don't Ask Don't Tell" policy that bans the service of openly lesbian, gay, bisexual, or transgender (LGBT) service members and employees. LGBT members of the Guard may now serve openly in non-federally recognized positions allowing them to serve without fear.

The addition in the act of the protections arose from a recent court case, Holmes v. California National Guard and preserves the rights of California military personnel when they are not serving in the United States military as part of the National Guard, and ties those rights to the protections provided by FEHA.

The act incorporates language in the court's decision in Holmes, which refers to the federal government's power over the state's rules with regards to the military as being limited to those positions that require federal recognition. This protection would also extend to persons with disabilities and other categories previously not in this statute.

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