2023 Legislative Scorecard

A Message from Executive Director

Tony Hoang

Friends and Partners,

Last year, we witnessed an unprecedented wave of anti-LGBTQ+ attacks across the country, including here in California. Far-right politicians and extremists are on a shameful crusade to ban essential medical care for transgender youth, forcibly out transgender and nonbinary students without their consent, remove LGBTQ+inclusive books and curriculum, and more. As a community — especially for trans members of our community — we are facing deeply alarming and growing threats.

Thankfully, with your support, over the past several years we have elected pro-equality champions across California who are working closely with us to defend against these vile attacks and ensure the Golden State remains a beacon of hope for LGBTQ+ people everywhere. Together with the Legislative LGBTQ Caucus and our pro-equality allies, Equality California assembled one of our most comprehensive and ambitious legislative packages to date in 2023 to continue advancing our mission to create a world that is healthy, just and fully equal for all LGBTQ+ people.

In 2023, six of Equality California’s sponsored bills were signed into law by Governor Newsom. Three of these bills will advance our years-long efforts to create a safer school climate for LGBTQ+ students, including measures to provide teachers and school staff with resources and training to better support LGBTQ+ youth, expand access to all-gender restrooms on campuses, and create a student-led task force to ensure that LGBTQ+ students have a seat at the table in making important decisions that will impact them and their peers. We also passed groundbreaking legislation to ensure that LGBTQ+ foster youth are placed in homes that support and affirm their identities — and similar reforms have now been proposed at the federal level.

At a time when reproductive freedom and bodily autonomy are under attack across the country, we partnered with reproductive rights groups to establish urgently-needed legal protections for California health care providers who offer abortion or gender-affirming care — including to patients living in states where these services are banned or severely restricted. We also strengthened our state’s ‘safe haven’ laws to provide greater legal protections for people who come to California seeking refuge from draconian out-of-state laws that criminalize essential health care.

Lastly, with extremist Supreme Court Justices threatening to overturn marriage equality, we were successful in advancing a constitutional amendment to protect the fundamental freedom to marry for same-sex and interracial couples in California and repeal the outdated, discriminatory language from Proposition 8. ACA 5 passed the Legislature with bipartisan support and will now appear before voters on the 2024 general election ballot. We are confident that Californians will vote to safeguard the rights of LGBTQ+ couples and remove this ugly scar from our state’s Constitution once and for all.

Here in California, we are standing up against hate and will continue leading the way to ensure LGBTQ+ Californians are protected, healthy, and can build a future that represents their values with a community that accepts and supports them. We are not allowing the ongoing attacks to set us back today — or ever.

Still, even with these victories, we know that our community remains under attack — and that these attacks will only grow as we enter a critical presidential election year. Extremist politicians and hate groups are pushing false narratives and misinformation about the LGBTQ+ community, fueling intimidation, harassment, and even violence. Far-right school boards are targeting vulnerable trans students and passing discriminatory policies that threaten their safety and well-being. And the LGBTQ+ community — particularly trans people and Black and Brown members of our community — continue to face high rates of homelessness, significant health inequities, and disproportionate rates of criminalization and violence.

Make no mistake, we will not back down from our fight to build a just and fully equal world for all LGBTQ+ people. The majority of Americans — and the overwhelming majority of Californians — stand with us, and these tactics by far-right extremists will not succeed.

Finally, we would like to extend special thanks to our legislative leaders, former Senate President Pro Tem Toni Atkins and Assembly Speaker Robert Rivas, as well as former Assembly Speaker Anthony Rendon and Pro Tem Mike McGuire. At a time when LGBTQ+ rights are being assaulted at every turn, we are grateful to have pro-equality champions at the helm and we look forward to continuing our strong partnership with them to achieve full, lived equality for all LGBTQ+ Californians.

Until the work is done,

Tony Hoang Executive Director

10% REPRESENTATION LGBTQ+

Thirty years ago, there was not one out member of the LGBTQ+ community in the halls of the Capitol. Today we now make up 10% of the state legislators! In times like these, it can seem that nothing changes — that we are fighting the same battles decade after decade. But today is an important reminder that through determination, bravery and love, we can truly create the change we want to see in the world

Senator Susan Talamantes Eggman, Legislative LGBTQ Caucus Chair

Thank You, Legislative LGBTQ+ Caucus

As one of the nation’s largest, most diverse caucuses of openly LGBTQ+ state legislators, the California Legislative LGBTQ Caucus has continued setting the bar for advancing full, lived equality for LGBTQ+ people — and paving the way for other states to follow.

In 2023, LGBTQ+ Californians saw historic representation in Sacramento, with California becoming the first state in the nation to achieve 10% LGBTQ+ representation in its state legislature. Under the leadership of Chair Sen. Susan Talamantes Eggman and Vice Chair Assemblymember Christopher Ward, the LGBTQ Caucus championed many of Equality California’s legislative priorities. Equality California is extremely grateful to the twelve Caucus members in the Legislature and their staff, including consultants Jacob Fraker and Natalia Garcia, as well as former consultant Alina Hernandez. We are also grateful to Insurance Commissioner Ricardo Lara — the state’s only out LGBTQ+ statewide elected official — for his ongoing leadership to advance critical health care protections for all Californians.

We look forward to continuing our longstanding partnership with the Caucus as we work to defeat growing attacks from anti-LGBTQ+ politicians and extremists, advance the safety and well-being of LGBTQ+ Californians, and ensure that California remains a beacon of hope for LGBTQ+ people across the world.

Working closely with members of the California Legislative LGBTQ Caucus and other pro-equality legislators in 2023, Equality California sponsored 11 bills, 6 of which were signed into law by Governor Gavin Newsom. Equality California also sponsored one constitutional amendment, which passed the Legislature with bipartisan support and will appear before voters in the 2024 general election. In creating this year’s legislative package, we worked closely with organizational partners and legislative champions to identify the greatest threats and effective responses to the wave of anti-LGBTQ+ policies across the country and here in California. Our sponsored legislation took on a wide range of issues that will help advance the health and well-being of the LGBTQ+ community and the diverse communities to which LGBTQ+ people belong.

Protect Marriage Equality

ACA 5 by Assemblymember Evan Low (D-Silicon Valley) & Scott Wiener (D-San Francisco)

ACA 5 is a constitutional amendment to protect the freedom to marry for same-sex and interracial couples and repeal the outdated, discriminatory language from Proposition 8, which declared “only marriage between a man and a woman” as valid or recognized in California.

Status: Passed both legislative chambers and will appear before voters in the 2024 general election.

Safe and Supportive Schools Act

AB 5 by Assemblymember Rick Chavez Zbur (D-West Hollywood/Santa Monica)

AB 5 will require teachers and school staff serving grades 7-12 to complete one hour of LGBTQ+ cultural competency training annually, with a sunset after 5 years, to help foster inclusive classroom environments and address the unique challenges faced by LGBTQ+ students.

Status: Signed by Governor Newsom Equality California Priority Scored Legislation 2023

Californians believe in love, simply put. Repealing Proposition 8 is the right thing to do to ensure that marriage equality is protected now and for future generations. California leads the way for equality and our constitution needs to reflect it.

Assemblymember Evan Low on ACA 5

All-Gender Restroom Access

AB 783 by Assemblymember Phil Ting (D-San Francisco)

Building on previous legislation, AB 783 will require cities and counties to notify all applicants for a new or renewed business license that single-user restrooms in any business, place of public accommodation, or government agency must be identified as all-gender restrooms.

Status: Signed by Governor Newsom

TGI Youth Empowerment Act

AB 957 by Assemblymember Lori D. Wilson (D-Suisun City)

AB 957 sought to update California law to make it clear that, for the purposes of child custody and visitation decisions, a parent’s affirmation of a child’s gender identity or gender expression is an important factor that should be considered in determining the best interest of the child.

Status: Vetoed by Governor Newsom

Ban Book Bans and Textbook Censorship

AB 1078 by Assemblymember Dr. Corey A. Jackson (D-Riverside)

AB 1078 will strengthen existing law to ensure that California students have access to comprehensive, culturally competent, and accurate instruction about the history, experiences, and viewpoints of people from LGBTQ+ and other diverse communities in California.

Status: Signed by Governor Newsom

Insurance Coverage for Abortion and Gender-Affirming Care

AB 1432 by Assemblymember Wendy Carrillo (D-Los Angeles)

AB 1432 sought to close loopholes in existing law to ensure that health insurance policies provided to California residents by out-of-state employers with out-of-state insurance contracts include coverage for abortion and gender-affirming care.

Status: Vetoed by Governor Newsom

Protecting Access to Preventive Care

AB 1645 by Assemblymember Rick Chavez Zbur (D-West Hollywood/Santa Monica)

In the wake of a Texas lawsuit targeting health insurance coverage for PrEP and other preventive services, AB 1645 sought to strengthen protections in existing law to ensure that California health insurers provide comprehensive, no-cost coverage for preventive services like PrEP and STI screening.

Status: Vetoed by Governor Newsom

Improving Pharmacist Delivered PrEP

SB 339 by Senator Scott Wiener (D-San Francisco)

Building on previous legislation, SB 339 will improve the ability of pharmacists to provide PrEP without a doctor’s prescription by increasing the amount of PrEP that pharmacists are authorized to provide and requiring health plans to reimburse pharmacists for providing PrEP.

Status: Paused by Senator Wiener until 2024

Safe Haven for Abortion and Gender-Affirming Care

SB 345 by Senator Nancy Skinner (D-Oakland)

Schools should provide a safe and inclusive environment for all students, one where they’re able to focus on learning and where they’re encouraged to thrive academically, socially and emotionally.

Let’s face it— at some point during a typical 8-hour school day, everyone is going to have to go. By requiring all California K-12 schools to provide genderinclusive restroom facilities on campus, we’ll ensure the well-being of our LGBTQ+ and non-binary students and ensure safer school communities for everyone.

Senator Josh Newman on SB 760.

SB 345 will provide greater legal protections for California health care practitioners who offer abortion or gender-affirming care, regardless of their patient’s geographic location, and strengthen the state’s ‘safe haven’ laws for people who come to the Golden State to access these essential health care services.

Status: Signed by Governor Newsom

LGBTQ+ Foster Youth Protections

SB 407 by Senator Scott Wiener (D-San Francisco)

SB 407 will help to prevent LGBTQ+ foster youth from being placed in hostile homes by requiring all foster youth families in California to demonstrate an ability and willingness to meet the needs of LGBTQ+ young people and seek out appropriate resources if necessary.

Status: Signed by Governor Newsom

Insurance Coverage for Fertility Care

SB 729 by Senator Caroline Menjivar (D-San Fernando Valley)

SB 729 will require large group health plans to provide coverage for fertility care, including treatment for infertility and in vitro fertilization, and update the definition of infertility to be inclusive of LGBTQ+ people.

Status: Converted to a two-year bill and can be considered again in 2024

All-Gender Restrooms for Students

SB 760 by Senator Josh Newman (D-Fullerton)

SB 760 will help to ensure that LGBTQ+ and all students can safely use the restroom on campus by requiring public schools to provide at least one accessible all-gender restroom for students to use during school hours.

Status: Signed by Governor Newsom

LGBTQ+ Student Task Force

SB 857 by Senator John Laird (D-Santa Cruz)

SB 857 will require the Superintendent of Public Instruction to convene a student-led advisory task force to identify statewide needs and make recommendations to create a safe and supportive learning environment for LGBTQ+ students.

Status: Signed by Governor Newsom

Equality California Supported, But Not Scored 2023

Transgender Youth Privacy Act

AB 223 by Assemblymember Christopher Ward (D-San Diego)

AB 223 will help to protect the privacy of trans youth by requiring any petition for a change of gender and sex identifier or a petition for change of gender, sex identifier, and name filed by a person under 18 years of age to be filed under seal.

Status: Signed by Governor Newsom

Unicorn Homes for LGBTQ+ Youth

AB 589 by Assemblymember Tasha Boerner (D-Encinitas)

AB 589 sought to establish the Unicorn Homes Transitional Housing for Homeless LGBTQ+ Youth Program, a three-year pilot project in the counties of San Diego and Sacramento to provide emergency transitional foster housing for LGBTQ+ youth.

Status: Vetoed by Governor Newsom

CSU/UC Affirmed Name and Gender

AB 760 by Assemblymember Lori D. Wilson (D-Suisun City)

AB 760 will require the California State University, and request the University of California, to implement a process whereby current students, staff, and faculty can request the updating of any records to include the person’s affirmed name, gender, or both name and gender.

Status: Signed by Governor Newsom

Law Enforcement and Social Media

AB 994 by Assemblymember Dr. Corey A. Jackson (D-Riverside)

AB 994 will prohibit law enforcement from posting the booking photos of people arrested on suspicion of a non-violent crime on their social media accounts and require law enforcement, when posting a booking photo on social media, to use the name and pronouns given by the individual arrested.

Status: Signed by Governor Newsom

Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act

AB 1163 by Assemblymember Luz Rivas (D-Sylmar)

AB 1163 will require additional state entities, when collecting demographic data, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, and add intersexuality to the demographic data that is collected.

Status: Signed by Governor Newsom

Transgender, Gender Variant, and Intersex Wellness Reentry Fund

AB 1487 by Assemblymember Miguel Santiago (D-Los Angeles)

AB 1487 will establish the Transgender, Gender Variant, and Intersex Wellness Reentry Fund to support the development of community-based transgender, gender variant, and intersex (TGI) reentry programs at TGI-serving organizations across the state.

Status: Signed by Governor Newsom

Respect for Names Act

SB 372 by Senator Caroline Menjivar (D-San Fernando Valley)

SB 372 will eliminate the use of deadnames at the Department of Consumer Affairs (DCA) for licensed professionals by requiring DCA to update the BreEZe online license verification system to limit the online display only to the licensee’s current legal name.

Status: Signed by Governor Newsom

Bridge Project

SB 447 by President pro Tempore Toni G. Atkins (D-San Diego)

SB 447 will lift California’s travel ban to states with anti-LGBTQ+ laws and establish in its place the Building and Reinforcing Inclusive, Diverse, Gender-Supportive Equity Project (BRIDGE Project) to promote civil rights and encourage greater acceptance of the LGBTQ+ community across the country.

Status: Signed by Governor Newsom

Equality California State Legislative Scorecard 2023

Methodology

In the scorecard that follows, the analysis of votes is based primarily on the final floor votes cast on the measures. “Yes” votes on scored legislation are represented by “+” and “no” votes are represented by “-.” Legislators who are present but not voting are denoted by an “A” for “abstaining,” which is scored as equivalent to a “no” vote on scored legislation. Passage of legislation typically requires a “yes” vote by the majority of all legislators, so failing to cast a vote has the same effect as a “no” vote.

Legislators who were officially absent for a vote did not have that vote factored into their rating and are denoted on the scorecard with an “E” for “excused.” Missed votes on scored legislation may be excused if the legislator was a co-author, voted to support the legislation at a previous floor vote or in committee, or was absent from the floor on official business.

The overall score reflects legislators’ votes on Equality California-sponsored and priority legislation in the “Priority Scored Legislation” section. In the “Supported, Not Scored Legislation” section are bills that Equality California recognizes as critical for the community but did not factor into this year’s scoring. The votes in the “Supported, Not Scored Legislation” section are included for informational purposes only. Members of the LGBTQ+ Caucus are denoted with an “ * ” and authors of sponsored legislation are denoted with a “+” next to their names.

Please note:

• SB 339 (Wiener) is not scored because the bill was paused prior to being taken up for final floor votes in the Assembly and Senate.

• SB 729 (Menjivar) is not scored because the bill was converted to a 2-year bill and will be considered again in 2024.

• ACA 5 (Low) is not included in the Governor’s matrix because the Governor does not take formal action on constitutional amendments, but Equality California deeply appreciates Governor Newsom’s strong support for ACA 5.

Members

AB 223 (Ward)

Supported, Not Scored Legislation

AB 589 (Boerner)

AB 760 (Wilson)

AB 994 (Jackson)

AB 1163 (L Rivas)

AB 1487 (Santiago)

SB 372 (Menjivar)

SB 447 (Atkins)

Addis + + + + + + + +

Aguiar-Curry + + + + + + + +

Alanis A + + - + + A +

Alvarez + + + + + + + +

Arambula + + + + + + + +

Bains + + + - + + + +

Bauer-Kahan + + + + + + + +

Bennett + + + + + + + +

Berman + + + + + + + +

Boerner + + + + + + + +

Bonta, Mia + + + + + + + +

Bryan + + + + + + + +

Calderon + + + + + + + +

Carrillo, Juan + + + + + + + +

Carrillo, Wendy+ + + + + + + + +

Cervantes* + + + A + + + +

Chen - + + - A A A -

Connolly + + + + + + + +

Dahle, Megan - A A - - - - -

Davies A + + - A A A A

Dixon + + + - A A - -

Essayli A A A A A - A -

Flora A + A - A A A A

Fong, Mike + + + + + + +

Fong, Vince - A A - A - A -

Friedman + + + + + + + +

Gabriel + + + + + + + +

Gallagher A A A - - A - -

Garcia + + + + + + + +

Gipson + + + + + + + +

Grayson + + + + + + + +

Haney + + + + + + + +

Hart + + + + + + + +

Holden + + + + + + + +

Hoover A + A - A A A -

Irwin

Members

AB 223 (Ward)

AB 589 (Boerner)

AB 760 (Wilson)

AB 994 (Jackson)

AB 1163 (L Rivas)

AB 1487 (Santiago)

SB 372 (Menjivar)

SB 447 (Atkins)

Jackson* + + + + + + + + +

Jones-Sawyer + + + + E + + +

Kalra + + + + + + + +

Lackey A A A - A A A A

Lee* + + + + + + + +

Low*+ + + + + + + + A

Lowenthal + + + + + + + +

Maienschein + + + + + + + +

Mathis - + A - - A - -

McCarty + + + + + + E +

McKinnor + + + + + + + +

Muratsuchi

Nguyen, Stephanie

Ortega

Pacheco

Papan

Patterson,

Patterson,

Pellerin

Petrie-Norris

Quirk-Silva

Rendon

Reyes

Rivas, Luz

Rivas, Robert

Rodriguez

Rubio,

Sanchez

Santiago

Schiavo

Ting+

Valencia

Villapudua

Members

AB 223 (Ward)

Supported, Not Scored Legislation

AB 589 (Boerner)

AB 760 (Wilson)

AB 994 (Jackson)

AB 1163 (L Rivas)

AB 1487 (Santiago)

SB 372 (Menjivar)

SB 447 (Atkins)

Waldron A + + - + + + +

Wallis + + + - + + + +

Ward* + + + + + + + +

Weber + + + + + + + +

Wicks + + + + + + + +

Wilson+ + + + + + + + +

Wood + + + + + + + +

Zbur*+ + + + + + + + +

Members

AB 223 (Ward)

Supported, Not Scored Legislation

AB 589 (Boerner)

AB 760 (Wilson)

AB 994 (Jackson)

AB 1163 (L Rivas)

AB 1487 (Santiago)

SB 372 (Menjivar)

SB 447 (Akins)

Allen + + + + + + + +

Alvarado-Gil + + + - + + + +

Archuleta + + + - + + + +

Ashby + + + + + + + +

Atkins* + + + + + + + +

Becker + + + + + + + +

Blakespear + + + + + + + +

Bradford + + + + + + + +

Caballero + + E + E + + E

Cortese + + + + + + + +

Dahle, Brian A + A - A A + -

Dodd + + + A + + + +

Durazo + + + + + + + +

Eggman* + + + + + + + +

Glazer + + + + + + + +

Gonzalez + + + + + + + +

Grove - + A - A A + A

Hurtado + + + - + + + +

Jones - A - - A A - -

Laird*+ + + + + + + + +

Limón + + + + + + + +

McGuire + + + + + + + +

Menjivar* + + + + + + + +

Min + + + A + + + +

Newman+ + + + + + + + +

Nguyen, Janet - A A - A - - -

Niello - + A - A A - -

Ochoa Bogh A + A - A A + -

Padilla* + + + E + + + +

Portantino + + + + + + + +

Roth + + + + + + + +

Rubio, Susan + + + + + + + +

Seyarto - + A - A A - -

Skinner+ + + + + + + + +

Smallwood-Cuevas + + + + + + + +

Stern + + + + + + + +

Members

AB 223 (Ward)

Supported, Not Scored Legislation

AB 589 (Boerner)

AB 760 (Wilson)

AB 994 (Jackson)

AB 1163 (L Rivas)

AB 1487 (Santiago)

SB 372 (Menjivar)

SB 447 (Akins)

Umberg + + + + + + + +

Wahab + + + + + + + +

Wiener*+ + + + + + + + +

Wilk - + A - A A + A

Equality California Govenor Newsom Scorecard 2023

AB 5 (Zbur)

AB 783 (Ting)

AB 957 (Wilson)

AB 1078 (Jackson)

Priority Scored Legislation

AB 1432 (W Carrillo)

AB 1645 (Zbur)

SB 345 (Skinner) SB 407 (Wiener) SB 760 (Newman) SB 857 (Laird) SCORE

Supported, Not Scored Legislation

AB 223 (Ward) AB 589 (Boerner)

AB 760 (Wilson)

AB 994 (Jackson)

AB 1163 (L Rivas) AB 1487 (Santiago) SB 372 (Menjivar) SB 447 (Atkins)