LGBTQ rights in California | |
|---|---|
 California (US) | |
| Legal status | Legal since 1976 |
| Gender identity | Transgender persons allowed to change legal gender |
| Discrimination protections | Sexual orientation and gender identity or expression protections (see below) |
| Family rights | |
| Recognition of relationships | Domestic partnerships since 1999; Same-sex marriage since 2013 |
| Adoption | Full adoption rights since 2003 |
California is seen as one of the mostliberal states in theU.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights,[1] which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regardingsexual orientation andgender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging inconversion therapy on minors.
California became the first state in the U.S. to legalize domestic partnerships between same-sex couples in 1999.Same-sex marriage was legalized in 2008 for five months until voters approved aban in November of the same year. After theU.S. Supreme Court refused to recognize the legal standing of same-sex marriage opponents on June 26, 2013, the ban was no longer enforceable, allowing same-sex marriages to recommence starting on June 28.[2] Same-sex adoption has also been legal statewide since 2003, permitting stepchild adoption and joint adoption between same-sex couples. On November 5, 2024, California voters passedProposition 3, a constitutional amendment that enshrined the right to same-sex marriage in the state constitution. The measure passed by 63%.[3] This was the second state to do so; afterNevada.[4]
In 2014, California became the first state in the U.S. to officially ban the use ofgay panic and transgender panic defenses in murder trials.[5] Public schools are also required to teach about the history of theLGBTQ community and transgender students are allowed to choose the appropriate restroom or sports team that match their gender identity. Most support for LGBTQ rights can be seen in the largest cities, such asLos Angeles,San Diego, andSan Francisco, as well as many cities on the Pacific coast. A 2017 survey from thePublic Religion Research Institute showed that 66% of Californians supported same-sex marriage. Since November 2022, 10% of the individuals within the California Legislature are LGBTQ members immediately after the elections—a record first for the United States.[6] In July 2024, a newly implemented law went into effect a first for the United States—explicitly banning outing of LGBTQ individuals within public schools.[7]
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Prior to European settlement and colonization in the 18th century, numerousNative American groups lived in the region. Among these, many recognize a "third gender" role in their societies (nowadays also called "two-spirit"). Male-bodied individuals who behave and act as women and perform typically feminine tasks are known asyaawa among theAtsugewi,kwit orcuit among theLuiseño,tüdayapi among theNorthern Paiute,clele among theWailaki,'aqi among theChumash,wergern among theYurok, andí-wa-musp among theYuki people. Female-to-male individuals are known asbrumaiwi among the Astugewi andmusp-íwap náip among the Yuki. Similarly, among theNomlaki and theKlamath andModoc peoples, respectively,walusa andt'winiːq individuals form a "third gender" alongside male and female. TheYokuts recognize similar terms. In theKings River Yokuts language, it istonoo'tcim, whereas it istonocim in thePalewyami language. There were no known legal or social punishments for engaging in homosexual activity in these societies.
Sodomy laws were first enacted during theSpanish period. The general openness or indifference towards homosexuality quickly disappeared with the arrival ofChristianity, which has traditionally regarded homosexuality as sinful. In 1850, shortly after having joined theUnited States, California adopted a criminal code prohibiting sodomy, both heterosexual and homosexual, with 1 to 14 years' imprisonment. Over the following years, numerous people were convicted of sodomy, and the state law was amended to includefellatio (oral sex) andcunnilingus in 1915.[8]
In 1909, California passed a law providing for the possiblesterilization of "moral or sexual perverts". By 1948, 19,042 people had been sterilized under the law.[8] In 1950, the state Attorney General issued an opinion that sterilization of inmates for reasons other than therapeutic was probably unconstitutional. At that time, California accounted for the most sterilization cases of any state, having more than all states combined. In 1951, the law was amended to remove "perversion" as a ground for sterilization.
From the mid-20th century onwards, debate surrounding the sodomy law became increasingly more mainstream.[8] A bill was introduced in 1975 to repeal the state's sodomy statute.
In 1972 and 1974, California voters opted to amend the State Constitution's Declaration of Rights to include "inalienable rights" such as "life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." A consenting adultlaw for residents over 18 years old, which restricted existing laws on sodomy or oral copulation for same-sex or opposite-sex couples to genuinely criminal instances alone, was passed in May 1975 and took effect the following year.[9]
Following on from this, a discrepancy involving theage of consent nonetheless continued to exist under Californian law. Up until September of 2020, Californian law stated that if an adult was convicted of consensual vaginal intercourse with a minor between the age of 14 and 17, and if the adult was within 10 years of the minor, the judge could decide whether the person should be listed on the sex offender registry. On the other hand, if a gay man had consensual sex with a minor, 14 to 17, Californian law continued to state that he must be placed on the sex offender list regardless. In September 2019, a bill to rectify this unequal treatment was blocked in the California Assembly byLorena Gonzalez.[10][11] In August 2020, stateSenatorScott Wiener then sought to immediately close this legalloophole withinCalifornia law explicitly discriminating against LGBTQ minorities. Following on from this, Wiener experienced a period of abuse and harassment directed toward him by certain individuals within the community, including death threats and accusations of pedophilia.[12] In September 2020 - effective from January 1, 2021 - the senate bill (SB145) was passed with asupermajority and signed into law by both theCalifornia State Legislature and GovernorGavin Newsom that legally repealed the age of consent discrimination discrepancy established from 1975.[13][14][15][16][17]
In February 2020, the LGBTQ civil rights activistBayard Rustin was posthumously pardoned byGovernorGavin Newsom.[18][19][20] California is currently considering a law to pardon gay and bisexual men convicted under the state's historical anti-gay law, similar to the UK'sAlan Turing law.
In September 2022, the Governor signed into law a bill that passed the California Legislature to automatically correct military records (during the pre-2011 DADT era) - so that LGBTQ individuals who served as veterans can now legally access military benefits. New York State, Rhode Island and Connecticut have similar laws.[21][22]
California was the origin of the gay pride rainbow flag in 1978 byGilbert Baker. In September 2023, some education and school districts within California have banned the gay pride rainbow flag - via localities from school boards.[23]
From the enactment of legislation in 1971 to replace gendered pronouns withgender-neutral pronouns until 1977, the California Civil Code defined marriage as "a personal relation arising out of a civil contract, to which the consent of the parties capable of making that contract is necessary." This definition was uniformly interpreted as including only opposite-sex partners, but, because of worries that the language was unclear,Assembly Bill No. 607, authored by Assemblyman Bruce Nestande, was proposed and later passed to "prohibit persons of the same sex from entering lawful marriage." The act amended the Civil Code to define marriage as "a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary." Opponents of the bill included AssemblymanWillie Brown (who authored the repeal of California's sodomy law in 1975) and SenatorMilton Marks. The bill passed 23–5 in the state Senate and 68–2 in the Assembly. It was signed on August 17, 1977, by GovernorJerry Brown.[24][25][26]
In 1985, the city ofBerkeley became the first governing entity in the state to recognize same-sex couples legally when it enacted its domestic partnership policy for city and school district employees. The term "domestic partner" was coined by city employee and gay rights activistTom Brougham, and all other domestic partnership policies enacted in the state in the years since are modeled after Berkeley's policy.
California has provided benefits to same-sex partners of state employees since 1999.[27]
Through theDomestic Partnership Act of 1999, California became the first state in the United States to recognize same-sex relationships in any legal capacity. As of theCalifornia Domestic Partner Rights and Responsibilities Act of 2003 (effective January 1, 2005), same-sex civil unions or domestic partnerships performed in other states or countries are considered equivalent to California's domestic partnerships.[28][29]
Proposition 22, an initiative passed by voters in 2000, forbade the state from recognizing same-sex marriages. This initiative was struck down in May 2008 by the California Supreme Court inIn re Marriage Cases, but a few months later,Proposition 8 reinstated California's ban on marriages for same-sex couples. During the time between the California Supreme Court decision and passage of Proposition 8, the state allowed for tens of thousands of marriage licenses to be issued to same-sex couples.Strauss v. Horton affirmed that those marriages were still valid after the passage of Proposition 8. In 2010, a federal district court inPerry v. Schwarzenegger determined that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of theFourteenth Amendment to the United States Constitution, but theUnited States Court of Appeals for the Ninth Circuit ordered a stay of the judgement pending appeal.
In February 2012, a three-judge panel of theU.S. Court of Appeals for the Ninth Circuit upheld the district court's holding inPerry v. Schwarzenegger that Proposition 8 was unconstitutional, although on narrower grounds. Proposition 8 proponents sought rehearing en banc (meaning review of the decision by a larger panel of Ninth Circuit judges) but this was denied in June 2012. The proponents then petitioned theU.S. Supreme Court to review the Ninth Circuit's decision, and it agreed to do so on December 7, 2012. The Supreme Court issued its ruling on June 26, 2013, effectively upholding the lower courts' determination that Proposition 8 was unconstitutional but doing so on procedural grounds without directly addressing the constitutionality of the measure. Two days later, the lifting of a stay by theU.S. Court of Appeals for the Ninth Circuit allowed same-sex couples to recommence marrying in California.
Efforts were underway for a 2012 referendum to repeal Proposition 8 and amend the State Constitution to allow same-sex couples to marry. However, in February 2012,Love Honor Cherish, the organization gathering signatures for that potential ballot initiative, canceled the effort in light of the fact that thePerry lawsuit was going well for the pro-equality side and an expensive ballot campaign appeared unlikely to be necessary.
SB 1306, introduced in February 2014 by SenatorMark Leno and signed by GovernorJerry Brown in July 2014, updated the Family Code to reflect same-sex marriage in California. It removed unenforceable and discriminatory language against same-sex couples, such as Proposition 22 (2000) andAB 607 (1977), and also modernized the entire code by replacing references to "husband" and "wife" with "spouse(s)".
On October 12, 2009, following the passage of Proposition 8, Governor Arnold Schwarzenegger signed into lawThe Marriage Recognition and Family Protection Act (SB 54), legislation proposed by State SenatorMark Leno.[30][31] The bill established that some of the same-sex marriages performed outside the state are also recognized by the state of California as "marriage", depending on the date of the union.[32]
Following the passage of Proposition 8, the California Supreme Court Justices affirmed that all same-sex marriages performed in California before the passage of Proposition 8 continued to be valid and recognized as "marriage". TheMarriage Recognition and Family Protection Act also established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect. This category also includes same-sex marriages performed before same-sex marriage became legal in California.[33] The act also mandates the full legal recognition of same-sex marriages lawfully performed outside of California after the passage of Proposition 8, with the sole exception that the relationship cannot be designated with the word "marriage".[34] The law provides no label to be used in place of "marriage" to describe these relationships; they are not "domestic partnerships".[33] The resumption of same-sex marriage in California on June 28, 2013, effectively supersedes this law with respect to out-of-state same-sex marriages.
Introduced by SenatorMark Leno on February 21, 2014,SB 1306 repealed Sections 300 (AB 607, 1977), 308 (The Marriage Recognition and Family Protection Act), 308.5 (Proposition 22) of the Family Code, and amended Section 300 to be gender-neutral among other sections as well.[35] The legislation removed the statutory reference to marriage as a union "between a man and a woman" from the state'sFamily Code and updated the law with gender-neutral terms to apply to same-sex marriages as well as heterosexual ones.[36]
During its passage, some concern was expressed that, by repealing the same-sex marriage ban,SB 1306 breached the separation of powers as theState Assembly would be repealing an initiative passed by the voters. However, the consensus of the Assembly Judiciary Committee was that the voters are no more able to pass an unconstitutional, and subsequently enjoined, statute any more than the Assembly can. In light ofIn Re Marriage Cases andHollingsworth v. Perry, which collectively forbade the enforcement of any law which would prohibit same-sex couples from marrying, it was determined by the Assembly Judiciary Committee that the Assembly has the capacity to repeal enjoined statutes.
SB 1306 was approved by the Senate Judiciary Committee 5–2 on April 8, 2014. On May 1, 2014, theCalifornia State Senate passed the bill on a 25–10 vote.[37] On June 30, it passed the Assembly in a 51–11 vote.[38] It was signed by the Governor on July 7, 2014, and took effect on January 1, 2015.[36][39] The definition of marriage in California is now the following:[40]
Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary.
In April 2016, the state Senate voted 34–2 to approveSB 1005, a bill introduced by SenatorHannah-Beth Jackson that updated California law similarly toSB 1306.[41][42] The California lower house approved the bill by a vote of 63–1 with amendments, and passed the state Senate by a vote of 34–0. The bill became both engrossed and enrolled, meaning it passed both houses in the same form. The bill was signed into law by Governor Jerry Brown, and went into effect on January 1, 2017.[42]
TheInternal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships or in same-sex marriages in California, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes.[43]
In June 2007, the California Department of Corrections announced it would allow same-sex conjugal visits becoming the first state to do so. The policy was enacted to comply with a 2005 state law requiring state agencies to give the same rights to domestic partners that heterosexual couples receive. The new rules allow for visits only by registered domestic partners or same-sex married couples who are not themselves incarcerated. Further, the domestic partnership or same-sex marriage must have been established before the prisoner was incarcerated.[44]
In November 2021, video tapes from theProposition 8 trials were finally released to the public by acourt order - straight from theNinth Circuit Court of Appeals jurisdiction.[45]
Same-sex adoption has been legal since 2003 and lesbian couples have been allowed to accessartificial insemination since 1976.
Both gestational and traditionalsurrogacy arrangements are recognized as valid in the state of California. In September 2012, GovernorJerry Brown signed several surrogacy bills into law.[46][47] Gay male couples are permitted to undertake such contracts under the same terms and conditions as different-sex couples.
Lesbian couples have access toin vitro fertilization. State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination. Initially, the couple had to be either married or in a domestic partnership for the non-biological mother to be automatically recognized. However, a law passed in 2019, and taking effect on 1 January 2020, grants automatic recognition for unmarried couples as well.[48][49]
In 2013, California passed SB 274 (Family Code §7612(c)), legalizing state courts' recognition of more than two parents if the court finds that recognizing only two parents would be detrimental to the child.[50][51] In 2017, a "polygamous three membered gay male couple" (throuple) withinCalifornia who had children together - are for the first time within theUnited States history legally recognised on abirth certificate by a judge.[52]
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Extensive protections for LGBTQ people exist under California law, particularly for housing, credit, public accommodations, labor and/or employment. In addition, sections ofIn re Marriage Cases not overturned by Proposition 8 include the establishment of sexual orientation as a "protected class" under California law, requiring heightenedscrutiny in discrimination disputes.
In 1979, theCalifornia Supreme Court held inGay Law Students Assn. V. Pacific Tel. & Tel. that public institutions cannot discriminate against homosexuals under Article I, section 7 subdivision (a) of theCalifornia Constitution which bars a public utility from engaging in arbitrary employment discrimination.[53]
TheUnruh Civil Rights Act, section 51 of the California Civil Code, enacted in 1959, did not expressly include a prohibition against discrimination by businesses based on sexual orientation until 2005; however, California courts interpreted the law to prohibit such discrimination as early as 1984 inRolon v. Kulwitzky, an interpretation upheld in later decisions as well.[54][55]
In 1992, after theAB101 Veto Riot, where GovernorPete Wilson vetoed a law which would have guaranteed protections from discrimination on the basis of sexual orientation by private employers, Governor Wilson reversed course and signed legislation which reformed existing California anti-discrimination statutes to cover sexual orientation in employment. The penalties of that bill differed fromAB 101 in that the provided penalties were civil rather than criminal in nature.[56] Effective in 2000,AB 1001 further reformed theCalifornia Fair Employment and Housing Act of 1959 and broadened employment, housing, and credit protections for gay men, lesbians, and bisexuals. The law was expanded to protect transgender people from unfair discrimination in 2003.[57][58] In September 2005, GovernorArnold Schwarzenegger signed into lawAB 1400, theCivil Rights Act of 2005, ensuring that state laws prohibiting discrimination in public accommodations include gender identity, sexual orientation and marital status.
California law clarifies protections againsthate crimes based on sexual orientation and gender identity or expression, alongside other categories. State law provides penalty enhancements for a crime motivated by the victim's perceived or actual sexual orientation or gender identity.
In 2014, California became the first state in the U.S. to officially ban the use ofgay and transgender panic defenses in murder trials.[5][59]
In January 2014, the9th Circuit Court of Appeals ruled that gay men can't be legally excluded from juries. This came about from a court case from a pharmaceutical company treating HIV, and didn't want a gay man due to being "a conflict of interest".[60]
On November 30, 2020, theSupreme Court of California allowed a gay man to have alicense plate with 'QUEER' written on it - on the grounds offreedom of speech under theFirst Amendment. The California DMV repeatedly denied the gay man the QUEER license plate numerous times over on the grounds of "does not want to stir hatred, offence or ridicule in public".[61]
In July 2021, theCalifornia Court of Appeal made a ruling that “banning certain gender pronouns” within California aged care homes - was in fact a violation offree speech under theFirst Amendment and that the 2017 California laws was immediately invalided (thus “null and void”). It is subject to ongoing rulings towards theCalifornia Supreme Court and possibly all the way to the federalSupreme Court of the United States.[62][63][64][65]
In October 2022, a judge sided with the California bakery based on theFirst Amendment - who refused to make a wedding cake for a same-sex couple due to Christian beliefs. This ruling is similar and consistent with the Colorado bakery ruling from years ago.[66]
In October 2020, the city ofSan Francisco, by a clearunanimous 11–0 vote (by theSan Francisco Board of Supervisors), banned false 911 emergency calls that discriminated against individuals on the basis ofsexual orientation andgender identity.[67][68][69] Bills have been introduced at a state level within California at various levels and locations, however no action has been taken currently on the bills.[70][71][72]
In September 2024, a California judge very broadly ruled that transgender minors and children can not forcibly be outed to their parents or guardians - by the schools and within the classroom.[73] Recently[when?] legislation that was passed, signed and implemented on this topic, was challenged and put on hold by the federal courts itself.[citation needed]
In March 2024,Sacramento passed a unanimous "transgender sanctuary zone" formal declaration and proclamation.[74][75] In June 2024,San Francisco did so too.[76]
In California it is legal to change one's sex and name by self determination on documents and forms. Transgender people are permitted to change their legal gender on official documents, such as birth certificates, driver's licenses or IDs. The applicant needs to submit to the California Department of Public Health a certified copy of a court order that changes their sex or an affidavit attesting, under penalty of perjury, that the request for a change of sex is to reflect the applicant's gender identity and not for any fraudulent purposes. State law does not require that the applicant undergo sterilization,Gender-affirming surgery or any medical interventions, but the applicant may undergo such procedures if they wish.[citation needed] In addition, official documents have three sex descriptors, that is "M", "F" and"X".[77][78]
In 2014, a new law was passed which requires any official responsible for completing a transgender person's death certificate to ensure it represents the deceased person's gender expression, as documented in other government-issued documents or evidenced by gender confirmation medical procedures.[79]
In February 2019, a bill was introduced to the California State Assembly to banmedical interventions onintersex babies, a first for theUnited States. The bill failed in a Senate committee in January 2020.[80][81][82]
In November 2024, The Los Angeles City Council voted unanimously to make the city a "sanctuary city" for LGBTQ youth, gender-affirming care and immigrants. The policy was aimed at combatingProject 2025 followingDonald Trump's win in the2024 presidential election.[83]
In 2015, California became the first state to pay gender affirming surgeries for transgender prison inmates.[84]
State law bans health insurance providers from discriminating against transgender patients and from excluding coverage for transgender-specific care. State Medicaid policy also explicitly includes medical transgender-related health care.[85]
At a conference May 3, 2022, California SenatorScott Wiener announced a plan from a coalition of LGBTQ legislations, health care providers, and civil rights groups in the U.S. to introduce legislation providing refuge and support for transgender children fleeing persecution in other states such asTexas andArizona. Wiener's proposal,Senate Bill 107, would "make it California policy to reject any out-of-state court judgments removing trans kids from their parents' custody for allowing them to receive gender-affirming health care" and "bar compliance in California with any out-of-state subpoena seeking health or other related information about people who come to California to receive gender-affirming care for the purpose of criminalizing such individuals or removing their children from their home".[86] The bill was signed into law on September 29, 2022.[87][88]
In August 2024, a bill passed theCalifornia Legislature to allow more “gender-affirming healthcare medical licensing” for doctors within California. Newsom vetoed the bill due to broader concerns over the bureaucratic impact of expedited licensure of medical personnel.[89]
In March 2017, California became the first state in the U.S. to require all single occupancy public restrooms to be marked as gender-neutral.[90][91][92]
On September 29, 2022, California became the first state to allow cities to require multi-stall unisex restrooms in buildings which are either newly constructed or undergoing extensive renovation.[93] This law was supported by the City Council ofWest Hollywood, California, which passed an ordinance to that effect on December 7, 2022.[94]
In September 2023,[95] GovernorGavin Newsom signed a bill into law that would ensure all state-run schools within California provide bathrooms that are "safe, clean, accessible, and gender identity inclusive". This bill will go into effect starting January 1, 2026.
The California Gender Recognition Act (SB 179), which creates a non binary gender category (the letter “x” or “nb”) on California birth certificates, drivers' licenses, identity cards, and gender-change court orders, was signed into law on October 15, 2017, and became effective on 1 January 2019.[96] In June 2021, two bills (AB439 and AB378) passed theCalifornia Legislature, the first to include "gender X" ondeath certificates - alongside male and female genders and the second to also explicitly include all gender-neutral pronouns for California government employees and office title holders.[97][98][99] On July 12, 2021, theGovernor of California signed the gender X death certificate bill into law and it became legally effective on January 1, 2022.[100]
From January 1, 2023 California is repealing red tape involved in changing sex on official documents, such as passports. The legislation passed and was signed into law in 2021.[101]
In 2014, a new law was passed, according to which doctors, nurses, and other healthcare providers are expected to meet cultural competency standards that include "understanding and applying cultural and ethnic data to the process of clinical care, including, as appropriate, information pertinent to the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities."[102]
In July 2022, theGovernor of California signed a bill into law effective immediately - to formallyrepeal an archaic 1970s section on prostitution (unofficially referred to as the "walking while trans" law).[103][104]
In September 2022, theGovernor of California signed a bill into law that passed both houses of theCalifornia Legislature- that explicitly legally protects and defends the lives of transgender youth traveling to California (for example who are suicidal or are at risk from other US jurisdictions considered unsafe, discriminatory and/or violent for transgender individuals). The law went into effect immediately within California by an "emergency clause".[105][106][107]
In September 2021, theCalifornia Legislature passed a bill to explicitly include both sexual orientation and gender identity - within tracking data of violent deaths of LGBTQ individuals. TheGovernor of CaliforniaGavin Newsom signed the bill into law and went into legal effect on January 1, 2022.[108][109][110][111][112]
In May 2025, following threats byPresident Donald Trump to strip "large scale" federal funds from the state after a 16 year old trans girl qualified for the state finals in track and field, the state of California implemented a policy where any if cisgender female athlete did not advance in their league because a spot they might have secured was instead won by one of California's single digit number oftransgender athletes, then they would advance anyway alongside the transgender person.[113][114]Governor Gavin Newsom's office added shortly thereafter that the 16 year old athlete in question would be scored in a separate category from her cisgender competitors.[115]
On July 9, 2025, the Trump administration sued the state of California for allowing trans girls to compete in girls' school sports, claiming that this policy violates Title IX protections.[116][117] The lawsuit was filed after theCalifornia Department of Education and theCalifornia Interscholastic Federation refused to comply with a federal directive to change their policies of including trans athletes and to issue apologies to athletes who lost to trans female competitors.[118]
In August 2012, theCalifornia State Assembly approvedSB 1172 prohibiting mental health providers from engaging insexual orientation change efforts(such asconversion therapy) with LGBTQ minors. It was signed into law by GovernorJerry Brown on September 29, 2012.[119][120] The law would have gone into effect January 1, 2013, but was being challenged inPickup v. Brown andWelch v. Brown.
On August 29, 2013, the U.S. Ninth Circuit Court of Appeals suspended the injunction onSB 1172 and rejected the plaintiffs' claims against allowing the conversion therapy ban to go into effect. On June 26, 2014, the Supreme Court held a conference on whether or not to grant certiorari toPickup v. Brown.[121] Certiorari was denied by the Supreme Court on June 30, 2014.[122]
In October 2016, the 9th U.S. Circuit Court of Appeals rejected a claim by a Christian minister that the conversion ban violated his free exercise of religion, and this ruling was upheld by the U.S. Supreme Court on May 1, 2017.[123][124] On December 11, 2023 the U.S. Supreme Court refused to hear a challenge to conversion therapy prohibitions in 22 states including California.[125] The challenge was brought forth by licensed family counselor Brian Tingley with representation from theAlliance Defending Freedom.[126]
AB 2943, was a bill drafted by AssemblymanEvan Low, that would have extended the ban to paid conversion therapy for adults. The bill was approved in 2018 but was later withdrawn by Low before final approval.[127][128] If passed, the bill would have been the first statewide ban applying to adults.
TheChildren's Hospital L.A.'s Center for Transyouth Health and Development closed in July 2025 under pressure from the2nd Trump Administration.[129] It was one of the fewtransgender care programs providinggender affirming procedures on public insurance.[129]
On May 27, 2016, California GovernorJerry Brown signedSenate Bill 1408 into law, effective immediately, that had recently unanimously passed theCalifornia State Legislature. The law protects organ donation and transplantation between HIV-positive people in the state of California. The law also protects surgeons who transplant organs from HIV-positive donors into HIV-positive patients fromliability and from being penalized by theCalifornia Medical Board. This law is also in-line with the federalHIV Organ Policy Equity Act, which reversed the federal ban on this procedure back in 2013.[130][131][132]
In February 2021,San Francisco repealed a 36-year-old law (during the time ofHIV/AIDS) that bannedbathhouses.[133]
In July 2021, theGovernor of California signed numerous bills into law regarding further HIV law reforms[which?] that became legally effective on January 1, 2022.[134]
In August 2021,San Francisco became the first jurisdictional city in the world by proclamation and executive order to officially legally recognize Transgender History Month.[135] Later, in 2023, the California State Assembly approved House Resolution 57, establishing August as Transgender History Month throughout California beginning in August 2024.[136][137] The Resolution notes that theCompton's Cafeteria Riot occurred in August 1966 in San Francisco, making August a significant month for the trans community.[137]
The Safe Place to Learn Act, which was signed into law on October 9, 2011, prohibits "discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics including immigration status, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics". The state's anti-bullying also includes a prohibition on "cyber sexual bullying", which encourages school districts to inform students about available information and resources regarding the dangers and consequences of bullying. Additionally, the law directs the Department of Education to develop an online help tool to assist all school staff, school administrators, parents, students, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.[138]
TheFAIR Education Act is a California law which was signed into law on July 14, 2011. The law compels the inclusion of the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social studies curricula in California public schools by amending the California Education Code. It also amended existing law by adding sexual orientation and religion along with race, ethnicity, nationality, gender, and disability that schools are prohibited from sponsoring negative activities about or teaching students about in an adverse way.[139] The Act mandates that history and social studies classes explore LGBTQ history. This can include reading children's books with same-sex parents or learning about the LGBTQ rights movement, theWhite Night riots and theMoscone–Milk assassinations, depending on age and grade.
TheSchool Success and Opportunity Act, also known asAssembly Bill 1266 orAB 1266, is a bill that was introduced by AssemblymanTom Ammiano and signed into law by GovernorJerry Brown. The law extended gender identity and expression discrimination protection to transgender and gender-nonconforming students. The bill specifically mentions that classes and activities are to be conducted without regard to one's birth sex as well as allowing transgender students to use bathrooms, locker rooms, and participate in sports that are congruent to their gender identity without regard to the gender they were assigned at birth. The law took effect in January 2014.[140]
The law received a lot of criticism and controversy soon after it was passed. Anti-LGBTQ groups such as theNational Organization for Marriage,SaveCalifornia.com, and ThePacific Justice Institute have all supported a petition to have a ballot initiative to overturn the law. The petition was circulated by the Privacy for All Students Coalition which worked with the aforementioned groups. However, the effort to overturn the law failed after it fell "about 17,000 signatures short of the 504,760 valid names needed to go before voters."[141]
The California Healthy Youth Act 2016 regulates thesex education taught in California schools. Under the Act, the lessons must be "medically accurate" and "age-appropriate". The lessons cover a range of topics, including healthy relationships, how to avoid unintended pregnancies and infection by sexually transmitted diseases, domestic violence, contraceptives, and abstinence.[142] Discussions on sexual orientation also take place in higher grades.[143]
AB 1078, signed September 25, 2023, prohibits school boards from banning or censoring textbooks or school library books which describe racial or LGBTQ+ issues.[144]
In July 2020, byregulationCalifornia became the second US state to collectsexual orientation andgender identity data and statistics onCOVID-19 impacts - immediately afterPennsylvania.[145]
In September 2020, theGovernor of CaliforniaGavin Newsom signed several LGBTQ+ community bills into law previously passed by theCalifornia State Legislature - legally effective since January 1, 2021, on explicitly protecting LGBTQ+health care,COVID-19 data and statistics codification and also housingtransgenderprisoners.[146]
In December 2020,San Francisco was the last city withinCalifornia that implementedsexual orientationCOVID-19 statistical analysis - when testing individuals or patients forCOVID-19.[147]
In March 2021, it was revealed that SOGI (sexual orientation and gender identity) health data was never recorded - despite a 2018 California law making it mandatory and compulsory. A fullaudit and investigation is underway as to attain why SOGI health data was not ever recorded.[148]
Since January 1, 2022, all boards and companies withinCalifornia are legally required to have implemented "minority quotas" of members (such as Native-Americans, African-American, women, immigrants, Hispanic or Latino, LGBTIQ+ individuals, etc.) - underCalifornia legislation passed and signed within September 2020.[149][150][151] In April 2022, that legislation mentioned within California regarding "private corporations" was formally declaredunconstitutional - by a court inLos Angeles.[152]
Under Assembly Bill 1887, as of June 2021, California will not fund state employees' travel to 17 U.S. states that have discriminatory laws against LGBTQ people.[153] Laws passed, signed and implemented allow this to be done within California back in 2016.[154][155][156][unreliable source?] In 2021 the US Supreme Court refused to hear a Texas challenge to AB 1887, with Justices Thomas and Alito dissenting.[157]
In September 2023, a bill passed both houses (Assembly vote 64-12 and Senate vote 31-6) of theCalifornia Legislature that formally repeals the 7 year old travel-ban legislation that at the time restricted travel to 26 US states. TheGovernor of California signed the bill on September 13, 2023, effective immediately as an emergency statute.[158]
Since January 1, 2019,law enforcement inCalifornia has been legally required to undergo mandatorysensitivity training on LGBTQ issues, a first for theUnited States.[159][160][161][162][163] In September 2021, theCalifornia Legislature passed a bill to implement structural reforms as well as legally banning bias withinpolice andlaw enforcement - on the basis of both sexual orientation and gender identity. TheGovernor of CaliforniaGavin Newsom signed the bill into law, and it went into legal effect on January 1, 2022.[164][165][166][167]
Support for LGBTQ rights and same-sex marriage have evolved significantly in the past decades.
The first known opinion poll surveying attitudes toward same-sex marriage in California was commissioned in 1977 byField Poll. It showed that 28% of Californians supported same-sex marriage, while 59% were opposed. Over the following years, support slowly increased, reaching around 40% in the early 2000s, according to Field Poll. In 2008, Field Poll published a poll showing for the first time in the state's history a majority in favor of same-sex marriage. This majority stabilized during the early 2010s, until reaching 60% in 2013. According to a 2017Public Religion Research Institute (PRRI), 66% of Californians supported same-sex marriage, whereas 23% were opposed.[168]
The aforementioned PRRI poll also showed that anti-discrimination laws covering sexual orientation and gender identity enjoyed wide popular support. 73% were in favor of such laws, while 20% were opposed. Similarly, 63% of Californians expressed opposition to religious-based refusals to serve LGBTQ people. 28% expressed support.[168]
| Poll source | Date(s) administered | Sample size | Margin of error | % support | % opposition | % no opinion |
|---|---|---|---|---|---|---|
| Public Religion Research Institute | January 2-December 30, 2019 | 5,605 | ? | 76% | 18% | 6% |
| Public Religion Research Institute | January 3-December 30, 2018 | 5,578 | ? | 73% | 21% | 6% |
| Public Religion Research Institute | April 5-December 23, 2017 | 7,260 | ? | 73% | 20% | 8% |
| Public Religion Research Institute | April 29, 2015-January 7, 2016 | 7,671 | ? | 75% | 21% | 4% |
Several LGBT-specific ballot initiatives have been held in California over the years. The first was Proposition 6, theBriggs Initiative, which would have barred gays and lesbians from working in public schools. The initiative failed, despite polls initially showing support by a large margin. In the 2000s, two same-sex marriage initiatives were voted upon, Proposition 22 and Proposition 8, both successful.
| Year | Proposition | % of California voters | |
|---|---|---|---|
| November 7, 1978 | California Proposition 6 | ||
| Voter turnout | 70.41 | ||
| No | 58.4 | ||
| Yes | 41.6 | ||
| March 7, 2000 | California Proposition 22 | ||
| Voter turnout | 53.87 | ||
| No | 38.6 | ||
| Yes | 61.4 | ||
| November 4, 2008 | California Proposition 8 | ||
| Voter turnout | 79.42 | ||
| No | 47.76 | ||
| Yes | 52.24 | ||
| November 5, 2024 | 2024 California Proposition 3 | ||
| Voter turnout | 66 | ||
| Yes | 62 | ||
| No | 38 | ||
| Year | Proposition | % of San Francisco voters | |
|---|---|---|---|
| November 7, 1989 | Proposition S (establish domestic partnerships)[169] | ||
| Yes | 49.5 | ||
| No | 50.4 | ||
| November 6, 1990 | Proposition K (establish domestic partnerships)[170] | ||
| Yes | 54.4 | ||
| No | 45.6 | ||
| November 5, 1991 | Proposition K (repeal domestic partnerships)[171] | ||
| Yes | 40.8 | ||
| No | 59.1 | ||
| March 2, 2004 | Proposition D (expand domestic partnerships)[172] | ||
| Yes | 65.1 | ||
| No | 34.9 | ||
| Same-sex sexual activity legal and equal age of consent at 18 |  (Since 1976) |
| Banning the outing of LGBTQ students within public schools - a first for the United States | (Since 2024) |
| Same-sex marriages | (Legal for five months in 2008, banned in November 2008, reinstated in 2013, and codified in 2024) |
| Same-sexcivil unions | |
| Both hate crime and anti-discrimination legislation explicitly covers sexual orientation, gender identity and expression | |
| Recognition of same-sex couples as domestic partners | (Since 1999) |
| Lesbian, gay and bisexual people allowed to serve openly in the US military | (Since 2011) |
| Transgender people allowed to serve openly in the US military |  (Since 2025, by anexecutive order and a SCOTUS decision) |
| Right to change legal gender and gender X available on documents (drivers license and birth certificate) | |
| Intersex minors protected from invasive surgical procedures | (Since 2018)[173] |
| Conversion therapy banned on minors | (Since 2013) |
| Gender self-identification | [citation needed] |
| Legal recognition of non-binary gender | (Since 2016) |
| Legal access to singlegender-neutral bathrooms | (Since 2017)[92][90] |
| LGBTQanti-bullying law in schools and colleges | |
| LGBTQ community training required for California law enforcement and police | |
| LGBT-inclusive sex education and inclusive historical subjects required to be taught in schools | |
| Gay and trans panic defense banned | (Since 2014) |
| IVF, adoption, foster parenting and surrogacy available to same-sex couples | |
| Homosexuality no longer considered a mental illness | |
| Ban on book bans implemented | |
| Conjugal visits for same-sex couples | (since 2007) |
| MSMs allowed to donate blood | (Since 2023 - federal policy) |
SEC. 9. Section 299.2 is added to the Family Code, to read:299.2. A legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this part, shall be recognized as a valid domestic partnership in this state regardless of whether it bears the name domestic partnership.
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