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A Cali lawmaker wants to ban state-funded travel to states that are deemed anti-gay

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GK86

Homeland Security Fail
Full article at link. Searched and didn't see a thread.

The latest salvo to be fired comes in California, where the Sacramento Bee's Jon Ortiz a lawmaker proposed a bill that would prohibit state employees from using government funds to travel to states that have laws that lesbian, gay, bisexual and transgender advocates say sanctions discrimination against them. It comes days after South Dakota's Republican governor vetoed a bill that would have restricted transgender students' access to public schools and locker rooms.

...

The California proposal would take things a step further by making such a travel ban permanent. California Assemblyman Evan Low (D) proposed the bill as part of a package of LGBT-related bills, including one that would cut off state aid to public colleges and universities with similar religious freedom regulations. "No one wants to send employees into an environment where they would be uncomfortable," Low told Ortiz.

...

For example, look at the thorny questions that arise just from debating the ban: How would a state measure another state's anti-gay levels? California's bill would likely include all 21 states that have some kind of religious freedom laws (according to a National Conference of State Legislatures count), but would it include states with long-dormant religious freedom or exemption laws, for example? Would states that champion religious freedom counter with their own ban? Does it punish so-called LGBT friendly cities in the states that are banned?

Supporters of the travel ban might counter that at least this puts them on the offensive in a year when LGBT activists have been put on the defensive. They are playing whack-a-mole to try to block bills in state legislatures that, they say, would roll back many of their rights won at the federal and judicial levels.

...
 
It's good they've solved all of the other problems in California. Seriously though, this seems completely unemforceable.
 

Xe4

Banned
How are you going to advocate change for states with LGBT problems without going there? And furthermore how does this deal with the reprocussions of sat needing a good from Mississippi, but not being able to get it cause of this law, or having a governors conference in Alabama or something. How would you define Anti LGBT? I'm sure by some definition, California is anti LGBT. It seems like the wrong way to adress the issue.

A federal law mandating equal LGBT tights seems the common sense solution, but unfortunately that had a 0% chance of passing right now.

As for colleges, yeah if you're not an equal opportunity college you don't get government funding, that simple.
 

pa22word

Member
This is why we have republicans.

Disagree with them all you want, but just remember having someone to balance out the nanny-state guys means some times a good compromise is made, because some time the government actually does get a little big for its own britches.
 

TheJLC

Member
That's dumb. State funded travel is usually because the state has sent those employees on state business. Are they going to require employees pay their own gas, hotel, and fees for business travel? Do they expect these employees to pay for job related expenses without refunding them?
 

FyreWulff

Member
That's dumb. State funded travel is usually because the state has sent those employees on state business. Are they going to require employees pay their own gas, hotel, and fees for business travel? Do they expect these employees to pay for job related expenses without refunding them?

Just like any other embargo, they don't go at all.
 

Eusis

Member
This is why we have republicans.

Disagree with them all you want, but just remember having someone to balance out the nanny-state guys means some times a good compromise is made, because some time the government actually does get a little big for its own britches.
It's a shame they largely mutated in obnoxiously obstructive and poisonously anti-social-rights rather than just being the more reserved, hesitant voice when it comes to change.

Though I sometimes wonder if even that is truly necessary.
 

Nipo

Member
That's dumb. State funded travel is usually because the state has sent those employees on state business. Are they going to require employees pay their own gas, hotel, and fees for business travel? Do they expect these employees to pay for job related expenses without refunding them?

The hope is they don't go and the state realizes it is making less money so it changes its laws for either economic reasons or due to public pressure.
 

Mii

Banned
I'd be more interested in boycotts of goods and services from states with those sorts of policies, encouraged by the coastal state governments by banning use of those goods and services by the offices of the respective state governments.

If we're going to have a dysfunctional country, we might as well accelerate the split.

Unfortunately I doubt its constitutional. The commerce clause giveth, and the commerce clause taketh away.
 

TheJLC

Member
Just like any other embargo, they don't go at all.

The hope is they don't go and the state realizes it is making less money so it changes its laws for either economic reasons or due to public pressure.

I doubt Cali would miss important conventions, meetings, and events that are held in these places. Too many decisions that affect the country are held in many states, including those states that have anti-gay policies. I think it would hurt Cali more than those states.

If let's say the Chiefs of Police, Governors, Mayors, Democratic, Republican, Health, etc... conventions where policy makers, leaders, and contributors meet were held in a State that has anti-gay policies, would California miss out and just not show up?

And can California legally embargo another state?
 

Kathian

Banned
Pretty sure there's a solid argument that this is unconstitutional what with the 'United' States and those states having legislative rights. The constitution isn't just there for Fed vs State but also to dictate how States can interact.
 

besada

Banned
I'm not sure this is workable, or a good idea, but it does raise an interesting question. Given that:

A) Transgender people work for the state of California,
B) State workers are required to travel to other states,
C) California state managers are tasked with ensuring their employees aren't discriminated against as part of their job and,
D) Other states have laws which are considered discrimination by CA,

it leaves managers in the position of either sending employees into a situation in which they are guaranteed to be discriminated against, or not sending transgender employees to states where the laws would allow the discrimination. Unfortunately, the second option would almost certainly limit your career, making it likely discriminatory, and therefore illegal in CA.

So maybe this is not the answer, but it's a real problem. Anyone have a better answer?
 

FyreWulff

Member
Pretty sure there's a solid argument that this is unconstitutional what with the 'United' States and those states having legislative rights. The constitution isn't just there for Fed vs State but also to dictate how States can interact.

Embargoes seem to continually pass muster in the courts so still, no. States can in fact elect not to do business with other states.
 

Ambient80

Member
What constitutes anti-LGBT, though? If one judge or one state or county administrator proposes or even passes something/makes a ruling against LGBT, is the whole state given that label? Who gives the label? How is it taken away? Can it be challenged?
Doesn't seem like something that would be held up in court.
 

Special C

Member
Hey guys, let's counter stupid legislation by more stupid legislation. We'll just gubbament the crap out of everything. That's the solution.
 

Deft Beck

Member
Hey guys, let's counter stupid legislation by more stupid legislation. We'll just gubbament the crap out of everything. That's the solution.

I believe that everyone should be considered homosexual by law, until you declare so otherwise.

It will make things much easier.
 

Kas

Member
What constitutes anti-LGBT, though? If one judge or one state or county administrator proposes or even passes something/makes a ruling against LGBT, is the whole state given that label? Who gives the label? How is it taken away? Can it be challenged?
Doesn't seem like something that would be held up in court.
They could do it on a county by county basis. If more than 50% of all counties are deemed anti-LGBT, then the whole state is

Its still something stupid to introduce.
 
I'm not sure this is workable, or a good idea, but it does raise an interesting question. Given that:

A) Transgender people work for the state of California,
B) State workers are required to travel to other states,
C) California state managers are tasked with ensuring their employees aren't discriminated against as part of their job and,
D) Other states have laws which are considered discrimination by CA,

it leaves managers in the position of either sending employees into a situation in which they are guaranteed to be discriminated against, or not sending transgender employees to states where the laws would allow the discrimination. Unfortunately, the second option would almost certainly limit your career, making it likely discriminatory, and therefore illegal in CA.

So maybe this is not the answer, but it's a real problem. Anyone have a better answer?


I would just like to add that the lawmaker proposed this. What part of it is law already? What part of California makes them immediately pass newly introduced legislation?
 

Syriel

Member
I honestly don't even know what to say. What criteria will they use to determine this?

Would CA have to ban intra-state travel under said law?

After all, CA passed a state constitutional amendment to ban gay marriage and was only forced to honor gay marriage by a Federal court decision which went into effect in 2013.

Would that define CA as anti-gay?
 
I'm not sure this is workable, or a good idea, but it does raise an interesting question. Given that:

A) Transgender people work for the state of California,
B) State workers are required to travel to other states,
C) California state managers are tasked with ensuring their employees aren't discriminated against as part of their job and,
D) Other states have laws which are considered discrimination by CA,

it leaves managers in the position of either sending employees into a situation in which they are guaranteed to be discriminated against, or not sending transgender employees to states where the laws would allow the discrimination. Unfortunately, the second option would almost certainly limit your career, making it likely discriminatory, and therefore illegal in CA.

So maybe this is not the answer, but it's a real problem. Anyone have a better answer?
It's not ideal and would boil down to the same thing as what is proposed here, but maybe amend B. so that an employee can opt out of these travels under very specific and documented conditions. Typically being at risk of facing the discriminations mentioned in D. ?

This would mostly be a framework to give everyone leeway to find arrangements organically, so that neither manager nor employee can be found at fault.

This all assumes people would be employed to do something else meanwhile, and people opting out of certain travels wouldn't be seen as slacking or indirectly punished for it.
 
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