Tell the Irvine City Council To Repeal Its Unconstitutional Anti-LGBTQ Law!

“If the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects.” — Louis Brandeis, Justice of the United States Supreme Court

Please join us on July 14, 2020, when the Irvine City Council decides whether to approve the motion from Councilmembers Melissa Fox and Farrah N. Khan to repeal and remove a cruel and unconstitutional anti-LGBTQ ordinance that has been part of Irvine’s Municipal Code as Sec. 3-5-501 through 503 since 1989.

[UPDATE: Sign our Petition to Repeal and Remove Irvine’s Ant-LGBTQ Ordinance].

Most residents of Irvine do not know that our diverse and forward-thinking city has an ordinance on the books that specifically and explicitly denies anti-discrimination protection to people based on their sexual orientation.

In fact, most residents are shocked when they learn that the Irvine Municipal Code includes the following:

“Sec. 3-5-503. – City Council parameters.

Except as provided in section 3-5-502, the City Council shall not enact any City policy, law or ordinance that:

A.  Defines sexual orientation as a fundamental human right.

B.  Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.

C.  Provides preferential treatment or affirmative action for any person on the basis of their sexual orientation.”

We believe it is outrageous that this cruel and unconstitutional law is still on the books in Irvine! It’s long past time for it to be repealed and removed!

These provisions were added by Ord. No. 89-1, which was adopted as Measure N by 53% of the voters as an initiative on Nov. 7, 1989, overturning an Irvine Human Rights Ordinance enacted by the Council in July 1988 that prohibited discrimination based on sexual orientation.

The main proponent of the Measure N ballot initiative and the subsequent anti-LGBTQ ordinance was a group calling itself the “Irvine Values Coalition,” led by carwash-developer Michael Shea and his then-wife (and later Irvine mayor) Christina Shea.

According to Christina Shea, the initiative was needed because the earlier Human Rights ordinance gave “special legislative protection to the homosexual, bisexual and lesbian communities” and “homosexuality is characterized by a wide range of sexual perversions, varying degrees of promiscuity and a disproportionate percentage of sexually transmitted diseases.”

Irvine’s anti-LGBTQ ordinance violates both the Equal Protection Clause of the United States Constitution and California’s Unruh Civil Rights Act.

In Romer v. Evans, 517 U.S. 620 (1996), the U.S. Supreme Court ruled that the Equal Protection Clause of the Constitution prohibits a state from banning LGBTQ people from seeking “specific legal protection from injuries caused by discrimination.”

The facts of Romer v. Evans are as follows: after various cities and counties in Colorado enacted laws prohibiting discrimination based on sexual orientation, the State of Colorado, through a ballot initiative, amended its state constitution to “prohibit[] all legislative, executive or judicial action at any level of state or local government designed to protect . . . homosexual persons or gays and lesbians.”  As the Supreme Court explained, under the amendment, “Homosexuals, by state decree, are put in a solitary class with respect to transactions and relations in both the private and governmental spheres. The amendment withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination, and it forbids reinstatement of these laws and policies.”

The Supreme Court declared that the Colorado constitutional amendment was based upon animosity toward homosexual people and lacked a rational relation to any legitimate governmental purpose.  Accordingly, the Court determined that Colorado’s constitutional amendment violated the Equal Protection Clause of the 5th Amendment of the U.S. Constitution, applicable to the states through the 14th Amendment.

Like the Colorado constitutional amendment that the Supreme Court invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance attempts to prohibit local government action “designed to protect . . . homosexual persons or gays and lesbians” [i.e., protects people based on “sexual orientation.”] and like the Colorado constitutional amendment invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance “withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination.” Accordingly, Romer v. Evans renders Irvine’s anti-LGBTQ ordinance unconstitutional.

Moreover, not only is Irvine’s anti-LGBTQ ordinance unconstitutional, it also clearly contradicts and is superseded by California’s Unruh Civil Rights Act, which explicitly prohibits discrimination against people based on “sexual orientation.”

Because state law supersedes any city law or local ordinance, the Unruh Civil Rights Act’s prohibition of discrimination on the basis of sexual orientation anywhere in California means that Irvine lacks the power to declare that “the City Council shall not enact any City policy, law or ordinance that: Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.”

We would like the see the eyes of the world on Irvine. 

We believe that the three others on the Irvine City Council — Mayor Christina Shea and Councilmembers Anthony Kuo and Mike Carroll — are far more likely to vote to repeal and remove this cruel and unconstitutional ordinance from the Municipal Code if they know that PEOPLE ARE WATCHING!

You can read more about the origins of this anti-LGBTQ ordinance — how it was promoted by (now Mayor) Christina Shea and her then-husband Michael Shea out of animosity and fear toward LBGTQ people and as a launching pad for their right-wing political careers — at Melissa Fox’s blog post HERE.

The Irvine City Attorney, who is an ally of Mayor Christina Shea, has stated that because this anti-LGBTQ ordinance was made law by a ballot initiative, it can only be repealed and removed by another ballot initiative. Our argument against this assertion is that this ordinance is clearly unconstitutional under many United States Supreme Court cases, as well as in violation of federal and state law; for this reason, it’s repeal and removal does not change the law in a way that requires another ballot measure.

In fact, the California Legislature dealt with this very issue in its repeal of the unconstitutional sections of Prop 187 by Senate Bill 396 (2014) by a majority vote of the Legislature without a vote of the entire electorate.  As the Judicial Committee of the California Senate noted, “Under existing law, California’s Constitution only authorizes the Legislature to amend or repeal initiative statutes by way of another statute that becomes effective only when approved by the electors –unless the initiative statute permits amendment or repeal without their approval. (Cal. Const., art. II, Sec. 10, subd. (c).) This bill [SB 396] seeks to repeal several state statutes implemented upon voter approval of Proposition 187, which generally prohibited the provision of various benefits to undocumented aliens. That proposition did not authorize the Legislature to amend or repeal its provisions without voter approval.”

Nevertheless, the Judicial Committee found that the Legislature had authority to repeal the unconstitutional sections of Prop 187 without a vote of the entire electorate. It reasoned that because the bill did not modify or repeal any provisions of Prop 187 except those that are unconstitutional and therefore unenforceable, it did not make any change in existing law. Accordingly, “SB 396 would not impermissibly repeal or amend the initiative; rather, it would merely update California statutes to accurately reflect current law.” The bill passed the Assembly and the Senate with only a single No vote.

The same circumstances exist here. Keeping this discriminatory language on the books, “causes confusion and harmful outcomes . . . [Therefore], it is fitting that [we] expressly acknowledge the detrimental impact of the discriminatory [language] by removing its stain from the state’s statutes.”  That is precisely what our City Council needs to do now, and what the precedent of SB 396 gives us clear authority to do: “expressly acknowledge the detrimental impact of the discriminatory [language of Sec. 3-5.501-503] by removing its stain from the [City’s Code.]”

In addition to being unconstitutional and in violation of superseding state laws, Irvine’s anti-LGBTQ ordinance is a cruel and embarrassing relic of a more prejudiced time.

Does Irvine want to remain on record as being one of the very few cities in America, and  indeed the world, that still officially discriminates against people based on their sexual orientation?  We hope not!

Please watch the Irvine City Council Meeting online on July 14.

Please ask your friends and family to watch.

And, crucially, LET THE IRVINE CITY COUNCIL KNOW THAT YOU’RE WATCHING THEM!

You can WATCH the meeting live on ICTV, Cox Communications local access channel 30, and AT&T U-verse channel 99, and livestreamed online at cityofirvine.org/ictv.

You can CONTACT the other three members of the Irvine City Council to tell them to REPEAL AND REMOVE IRVINE’S ANTI-LGBTQ ORDINANCE here:

Mayor Christina Shea:
christinashea@cityofirvine.org

Councilmember Anthony Kuo:
anthonykuo@cityofirvine.org

Councilmember Michael Carroll:
michaelcarroll@cityofirvine.org

You can SIGN OUR PETITION to Repeal and Remove Irvine’s Ant-LGBTQ Ordinance.

Please see our Facebook event page, hosted by Melissa Fox, Farrah N. Khan, Tammy Kim, and Lauren Johnson-Norris.

Rally for Flying the Pride Flag in Irvine! Tues., June 23, 2020 Time: 3:30 pm at Irvine City Hall Plaza!

June is Pride Month, when the State of California, and nations and cities around the world, stand with the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community as they declare their pride in who they are and who they love.

Show your support for flying the Pride Flag in Irvine by joining Irvine City Councilmembers Melissa Fox and Farrah N. Khan at a Rally at City Hall before Tuesday’s Irvine City Council Meeting! 

What: Rally for Flying the Pride Flag in Irvine
Where: Irvine City Hall, 1 Civic Center Plaza
Date: Tues., June 23, 2020
Time: 3:30 p.m. 

Click here to see the Facebook event page for the Rally.

Remember face coverings and social distancing is legally required in Irvine! Let’s keep each other safe while we make the world a better place!

Please also show your support for flying the Pride Flag in Irvine by contacting Mayor Christina Shea and the Irvine City Council to let them know. We need only one more vote! Contact the Irvine City Council: https://www.cityofirvine.org/city-council/contact-council

Note: At the following meeting on July 14th, we will be urging the Irvine City to repeal and remove its unconstitutional and cruel anti-LGBTQ ordinance!
https://melissafoxblog.com/2020/06/14/irvine-should-repeal-its-anti-lgbtq-ordinance-now/

Irvine Should Repeal Its Anti-LGBTQ Ordinance Now!

At the Tues., July 14, 2020, Irvine City Council meeting, I will move to repeal Irvine’s anti-LGBTQ ordinance [Sec. 3-5-501 through 503] as unconstitutional under the Equal Protection Clause of the United States Constitution and in violation of California’s Unruh Civil Rights Act, which explicitly prohibits discrimination against people based on “sexual orientation.”

Councilmember Farrah Khan has agreed to join me in putting this item on the July 14 Council agenda and in supporting this motion.

Most residents of Irvine do not know that our diverse and forward-thinking city has an ordinance on the books that specifically and explicitly denies anti-discrimination protection to people based on their sexual orientation.

In fact, most residents are shocked when they learn that the Irvine Municipal Code includes the following:

“Sec. 3-5-503. – City Council parameters.

Except as provided in section 3-5-502, the City Council shall not enact any City policy, law or ordinance that:

A.  Defines sexual orientation as a fundamental human right.

B.  Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.

C.  Provides preferential treatment or affirmative action for any person on the basis of their sexual orientation.”

These provisions were added by Ord. No. 89-1, which was adopted as Measure N by 53% of the voters as an initiative on Nov. 7, 1989, overturning an Irvine Human Rights Ordinance enacted by the Council in July 1988 that prohibited discrimination based on sexual orientation.

The main proponent of the Measure N ballot initiative and the subsequent anti-LGBTQ ordinance was a group calling itself the “Irvine Values Coalition,” led by carwash-developer Michael Shea and his then-wife (and later Irvine mayor) Christina Shea.

According to Christina Shea, the initiative was needed because the earlier Human Rights ordinance gave “special legislative protection to the homosexual, bisexual and lesbian communities” and “homosexuality is characterized by a wide range of sexual perversions, varying degrees of promiscuity and a disproportionate percentage of sexually transmitted diseases.”

This anti-LGBTQ ordinance violates both the Equal Protection Clause of the United States Constitution and California’s Unruh Civil Rights Act.

In Romer v. Evans, 517 U.S. 620 (1996), the U.S. Supreme Court ruled that the Equal Protection Clause of the Constitution prohibits a state from banning LGBTQ people from seeking “specific legal protection from injuries caused by discrimination.”

The facts of Romer v. Evans are as follows: after various cities and counties in Colorado enacted laws prohibiting discrimination based on sexual orientation, the State of Colorado, through a ballot initiative, amended its state constitution to “prohibit[] all legislative, executive or judicial action at any level of state or local government designed to protect . . . homosexual persons or gays and lesbians.”  As the Supreme Court explained, under the amendment, “Homosexuals, by state decree, are put in a solitary class with respect to transactions and relations in both the private and governmental spheres. The amendment withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination, and it forbids reinstatement of these laws and policies.”

The Supreme Court declared that the Colorado constitutional amendment was based upon animosity toward homosexual people and lacked a rational relation to any legitimate governmental purpose.  Accordingly, the Court determined that Colorado’s constitutional amendment violated the Equal Protection Clause of the 5th Amendment of the U.S. Constitution, applicable to the states through the 14th Amendment.

Like the Colorado constitutional amendment that the Supreme Court invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance attempts to prohibit local government action “designed to protect . . . homosexual persons or gays and lesbians” [i.e., protects people based on “sexual orientation.”] and like the Colorado constitutional amendment invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance “withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination.”

Accordingly, Romer v. Evans renders Irvine’s anti-LGBTQ ordinance unconstitutional.

Moreover, not only is Irvine’s anti-LGBTQ ordinance unconstitutional, it also clearly contradicts and is superseded by California’s Unruh Civil Rights Act, which explicitly prohibits discrimination against people based on “sexual orientation.”

Because state law supersedes any city law or local ordinance, the Unruh Civil Rights Act’s prohibition of discrimination on the basis of sexual orientation anywhere in California means that Irvine lacks the power to declare that “the City Council shall not enact any City policy, law or ordinance that: Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.”

Irvine anti-LBGTQ initiative was one of several ballot measures across the nation in the late 1980s and early 1990s not only to seek to repeal existing anti-discrimination ordinances, but to proactively prohibit any local unit of government from ever passing such ordinances in the future.

Hence, the Irvine anti-LGBTQ ordinance includes provisions that purport to make it extremely difficult for a future Irvine City Council  to repeal it.  According to the ordinance, “Any law or ordinance pertaining to Section 3-5-503 may only be enacted by obtaining the approval of a majority of the voters of the City of Irvine voting on the measure at a regular or special election. Such a measure may only be placed on the ballot by citizen’s initiative or a two-thirds majority vote by the City Council.” [Sec. 3-5-502.].

The Supreme Court in Romer v. Evans made clear that it is an unconstitutional violation of the Equal Protection Clause to single out LGBTQ people for special burdens. including burdening them with special difficulties in enacting anti-discriminatory laws.  According, it is clear that the procedural provisions of Irvine’s anti-LGBTQ ordinance — requiring a 2/3 vote of the Council and then a ballot initiative for repeal — is again a violation of the Equal Protection Clause of the 5th and 14th Amendments because it is designed to make passage of protections against discrimination based on sexual orientation especially burdensome and difficult.

The California Legislature dealt with this very issue in its repeal of the unconstitutional sections of Prop 187 by Senate Bill 396 (2014) by a majority vote of the Legislature without a vote of the entire electorate.

As the Judicial Committee of the California Senate noted, “Under existing law, California’s Constitution only authorizes the Legislature to amend or repeal initiative statutes by way of another statute that becomes effective only when approved by the electors –unless the initiative statute permits amendment or repeal without their approval. (Cal. Const., art. II, Sec. 10, subd. (c).) This bill [SB 396] seeks to repeal several state statutes implemented upon voter approval of Proposition 187, which generally prohibited the provision of various benefits to undocumented aliens. That proposition did not authorize the Legislature to amend or repeal its provisions without voter approval.”

Nevertheless, the Judicial Committee found that the Legislature had authority to repeal the unconstitutional sections of Prop 187 without a vote of the entire electorate. It reasoned that because the bill did not modify or repeal any provisions of Prop 187 except those that are unconstitutional and therefore unenforceable, it did not make any change in existing law. Accordingly, “SB 396 would not impermissibly repeal or amend the initiative; rather, it would merely update California statutes to accurately reflect current law.” The bill passed the Assembly and the Senate with only a single No vote.

The same circumstances exist here.

Like the parts of Prop 187 repealed by a simple majority vote of the Legislature in 2014, the anti-LGBTQ ordinance is unconstitutional and enforceable. Like the unconstitutional parts of Prop 187, although Irvine’s anti-LGBTQ ordinance is unconstitutional and unenforceable, its language remains on the books. Keeping this discriminatory language on the books, “causes confusion and harmful outcomes . . . [Therefore], it is fitting that [we] expressly acknowledge the detrimental impact of the discriminatory [language] by removing its stain from the state’s statutes.”

That is what our City Council needs to do now, and what the precedent of SB 396 gives us clear authority to do: “expressly acknowledge the detrimental impact of the discriminatory [language of Sec. 3-5.501-503] by removing its stain from the [City’s Code.]”

In addition to being unconstitutional and in violation of superseding state laws, Irvine’s anti-LGBTQ ordinance is a cruel and embarrassing relic of a more prejudiced time.

Does Irvine want to remain on record as being one of the very few cities in America, and  indeed the world, that still officially discriminates against people based on their sexual orientation?  I hope not.

For all of these reasons, I will move to repeal Irvine’s anti-LGBTQ ordinance.  

As noted above, Councilmember Farrah Khan has agreed to join me in putting this item on the next Council agenda for Tues., July 14, 2020, and in supporting this motion.

If you agree with us, please tell Mayor Christina Shea and the rest of the Irvine City Council that Irvine’s anti-LGBTQ ordinance [Sec. 3-5-501 through 503] needs to be repealed NOW.

Contact the Mayor and the Irvine City Council by email here.

June is Pride Month: Support Flying the Pride Flag at Irvine City Hall!

June is Pride Month, when the State of California, and nations and cities around the world, stand with the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community as they declare their pride in who they are and who they love.

June holds historic significance for the LGBT community.  In 1969, the Stonewall Riots occurred in the New York City as a protest against the police department’s unfair targeting of the LGBT community. The Stonewall Riots led to political organizing that is considered to be the beginning of the modern LGBT civil rights movement. The following year, the first LGBT Pride Parade was held in New York City on the anniversary of the Stonewall Riots. Today, California has the largest LGBT population in the nation and is home to over forty LGBT Pride celebrations. 

As Governor Newsom stated recently in his Pride Month Proclamation, “The LGBTQ community has worked tirelessly for respect, equality and their very right to exist. Their battles have been fought in the courts, from marriage equality to demanding equal protection under the law.  While there has been remarkable progress towards acceptance and equality in recent years, members of the LGBTQ community in the United States and around the world still face an unacceptable level of discrimination and violence. This includes LGBTQ people who aren’t safe at home and those who do not have a home in which to stay.  We must push back against those who threaten the safety of LGBTQ Californians and challenge our progress. And we must continue to make the case that all human beings share something fundamental in common – all of us want to be loved, and all of us want to love. We cannot march in a parade this June, but we can and will stand with our LGBTQ family, friends and neighbors. Pride celebrations may look different this year, but in California, no matter the circumstances, we are proud to support our LGBTQ community’s right to live their lives out loud. As we celebrate Pride across the state, we must continue to demand equal rights for all to create a California for all.”

Last year, I asked the Irvine City Council to fly the Pride Flag from our Civic Center. In doing so, we would be joining many other cities, including Anaheim, Costa Mesa, Laguna Beach, and Fullerton, as well as the Orange County Fairgrounds, in flying the Pride Flag to recognize Pride Month by making it clear to all that our community is a place where LGBT people are visible, accepted, and welcome.

Unfortunately, although dozens of residents spoke at the meeting in support of flying the Pride Flag, the Council defeated the proposal and I was the only Councilmember to speak in favor of it. Councilmember Mike Carroll even called the Pride Flag “a spectacle of divisiveness.” 

In fact, in direct response to my motion to fly the Pride Flag, the Irvine City Council took the unprecedented step of voting to prohibit a council member from placing an item on the agenda without two other council members’ approval.  As the Orange County Register correctly stated in a powerful editorial opposing the Council’s action, “the transparent goal [was] to shut down the views of the political minority.”

Following the City Council’s rejection of my Pride Flag motion, I joined with numerous other Irvine residents in our own Pride Flag event in front of City Hall, celebrating LGBTQ Pride and diversity in Irvine.  I also placed a Pride Flag in front of my office at City Hall.

I said at the time that I had no intention of being silent.  Therefore, I will again bring a motion to the Irvine City Council to fly the Pride Flag from our Civic Center as a visible and prominent expression of our City’s commitment to equal rights for all and to ensure that our LGBTQ community can live their lives out loud.

Under the new rules imposed by the City Council majority in response to my Pride Flag motion last year, I asked Councilmember Farrah Khan to join me in placing this motion on the City Council agenda.  She told me she was working with other, Republican, councilmembers on a Pride-related agenda item.  When I asked her specifically whether the item included flying the Pride Flag, she did not respond.

I have now seen the agenda item, a proclamation, and it does not call for flying the Pride Flag from the Civic Center as a clear symbol of Irvine’s commitment. 

Accordingly, this year I will again bring a motion to fly the Pride Flag from our Irvine Civic Center.

Please show your support for flying the Pride Flag in Irvine by contacting Mayor Christina Shea and the Irvine City Council to let them know.  Click here for their email addresses.

Click here for a link to e-comment of the agenda item. Your comment is supposed to be read aloud by the clerk during the City Council meeting.

As Harvey Milk told us, “Hope will never be silent.”

UPDATE: Tues., June 9, 2020

I am deeply disappointed that no other member of the Council supported my motion to fly the Pride flag in Irvine during Pride. Not Mayor Christina Shea. Not Councilmembers Farrah Khan, Anthony Kuo, or Mike Carroll. What an embarrassment for our City. 

 

Celebrate Harvey Milk Day — Be an Agent of Change!

Today, Friday, May 22, is Harvey Milk Day. I am proud to join millions of people in California and throughout the world today in celebrating the life of Harvey Milk, born on this day in 1930 and murdered in 1978 because of his outspoken and courageous activism in the fight for equal rights for all people regardless of sexual orientation.

Since 2009, in California, Harvey Milk Day has been recognized as a day of special significance and an opportunity to remember and teach about Milk’s life and his work to stop discrimination against gays and lesbians.

We’ve come a long way, thanks in large measure to the courage of Harvey Milk.

When Harvey Milk first ran for supervisor in San Francisco in 1977, he was told that an openly gay man could never get elected. When he won, he became the first openly gay non-incumbent ever to win an election for public office in the United States.

Now there are hundreds of openly gay men and women serving their communities and states in elected office.

But much more needs to be done.

We must continue to fight for the elimination of violence and discrimination against people based on their sexual orientation or gender identity – in our own communities and throughout the world.

We must ensure that governments everywhere respect the dignity and human rights of all people in regard to their own gender identity.

We must continue to fight for the sexual and reproductive rights of all people.

Last year, I introduced a resolution of the Irvine City City to fly the Pride Flag from Irvine City Hall.  

That resolution failed on a 2-3 party-line vote last year. As the OC Weekly reported, “the Irvine City Council voted down Fox’s proposal. Instead, they approved an utterly meaningless substitute motion that authorized councilmembers to fly flags of their choosing in their own offices. Even worse, Councilmember Michael Carroll accused Fox of trying to ‘divide the community’ with her resolution. It’s no wonder Fox – who noted during the meeting that LGBT people around the world face violence for who they choose to love – called the vote a ‘circus’.”

I will bring the resolution forward again this year.  If you agree, please email the Irvine City Council to let them know that Irvine should join the State of California, as well many other states and cities, including Anaheim, Costa Mesa, Laguna Beach, and Fullerton, and the Orange County Fairgrounds, in making it clear to all that our community officially rejects prejudice against people based on who they love and that Irvine is a place where LGBT people are visible, accepted, and welcome.

When President Barack Obama posthumously awarded Harvey Milk the Medal of Freedom, our nation’s highest civilian award, he said Milk was “an agent of change” who “saw an imperfect world and set about improving it, often overcoming great obstacles along the way.”

Let’s each of us honor Harvey Milk by committing to being an agent of change.

As Governor Newsom reminds us, today we should remember Harvey Milk’s own words “Hope will never be silent” as we “carry on his fearless  advocacy and work toward a California for all.”

I Will Sponsor Legislation to Prohibit the University of California from Affiliating with Hospitals that Impose Non-Medically Based Restrictions on Health Care or Discriminate Against LGBTQ People

The LA Times has recently noted that “Religious restrictions on healthcare [at the University of California] have been developing into a public health crisis of the first order.”

The problem is that the University of California has entered into clinical and educational training contracts with religion-based hospitals that place non-scientific and non-medically based constraints on University of California personnel and students at every one of UC’s six medical schools, as well as some nursing, nurse practitioner, physician assistant and pharmacy programs.

These constraints include prohibitions on abortion (even in cases of sexual assault), sterilization procedures such as tubal ligations, provision of contraceptives, counseling patients about contraception and abortion, fertility treatments, use of egg or sperm donor outside of a heterosexual married couple, use of a gestational surrogate, use of fetal tissue, the provision of medical or surgical gender-affirming services for transgender people such as hysterectomy or mastectomy for transgender men, and physician assisted suicide or aid-in-dying.

Due to public outcry against the University of California acquiescing to these non-scientific or healthcare based constraints on medical care, in August 2019 UC President Janet Napolitano appointed an 18-member working group of faculty and administrators from across the UC system to establish guidelines for future collaborations with outside health systems that impose these constraints. UCI Chancellor Howard Gillman was designated the group’s Chair.

In January 2020, the working group issued its report.

Unfortunately, the group failed to reach agreement on whether the University should subject its employees, faculty, and students to religious and non-scientific prohibitions in their medical care.

I agree with working group member Michele Bratcher Goodwin, UCI Law School Chancellor’s Professor and founding Director of the Center for Biotechnology and Global Health Policy, that UC policies “that impede, restrict, or hinder the care that UC students, faculty, or staff receive based on religious doctrine violate state and federal constitutional law as well as specific California legislation that forbid the imposition of religious doctrine on UC students, faculty, or staff. . . These actions are illegal and thus impermissible.”

Accordingly, when elected to the Assembly, I will sponsor legislation to ensure that UC employees, faculty and students receive medical care based solely on scientific and health-cased factors, and prohibiting the University of California from affiliating with any hospital that imposes non-health based restrictions on care or discriminates against LGBTQ people.

Here is my press release:

“The University of California is publicly funded to serve the people of California as a center of higher learning, transmitting advanced knowledge, discovering new knowledge, and functioning as an active working repository of organized knowledge. As a Californian, I am proud that UC is recognized as the world’s leading public research university system. It is therefore extremely disturbing that the University of California would affiliate with any hospital organization that discriminates against LGBTQ people and imposes non-health based restrictions on care.

UC employees, faculty, and students are entitled to medical care based solely on scientific and health-based factors. As a government entity committed to serving the public under the rule of law, UC and its providers and trainees must not restrict access to any lawful care because certain procedures or medical options may be controversial from a particular political or religious point of view. In particular, UC must never deny a woman’s right to receive comprehensive reproductive health care including abortion and all forms of contraception and assisted reproductive technologies, and must never refuse to provide medical procedures, such as gender affirmation for transgender people and reproductive technologies that support the ability of LGBTQ+ people to have biological children. UC must also provide the full range of medically appropriate and legally available options to patients at the end of life, including legally sanctioned aid in dying.

When elected to the State Assembly, one of my first pieces of legislation will be to ensure that UC employees, faculty and students receive medical care based solely on scientific and health-cased factors, and prohibiting UC from affiliating with any hospital organization that imposes non-health based restrictions on care or discriminates against LGBTQ people.”

— Melissa Fox, Candidate for State Assembly AD 68

For more information, contact J& Z Strategies at info@jacobsonzilber.com.

Learn more about Melissa Fox for California Assembly at http://votemelissafox.com

 

Yes, Let’s Create a Gun Violence Task Force — And Let’s Also Have a Real Discussion about How to Prevent Mass Shootings and Gun Violence

Based on her recent social media post, it appears that in the wake of three recent mass shootings (in Gilroy, California, El Paso, Texas, and Dayton, Ohio) leaving at least 45 people dead and many dozens more injured, Irvine Mayor Christina Shea intends to create a task force to discuss what we can do in Irvine to prevent gun violence.

Significantly, Mayor Shea asks that we not turn this discussion into a “partisan” issue, and that we not hold local, state, or national politicians responsible for their actions, or lack of action, leading to the proliferation of mass shootings and gun violence.

I fully support a discussion of how our City Council can help prevent Irvine from becoming the site of the next gun violence atrocity. This discussion is long overdue. Our nation is suffering from a gun violence emergency.

But the discussion must not be a sham, and not be muzzled from the very beginning by preventing mention of the fact that Republican politicians — at every level of government — have sided with gun dealers and the NRA over the safety of our communities and families, and have stubbornly blocked Congress from enacting meaningful, common sense federal gun regulation.

We must also be willing to acknowledge the fact that President Donald Trump has incited violence and manipulated racial hatred in ways that many of us had hoped belonged to our tragic past. And we must explicitly reject and condemn Trump’s racist rhetoric.

As President Obama recently said, as elected officials and community leaders, we must reject the rhetoric of those “who demonize those who don’t look like us, or suggest that other people, including immigrants, threaten our way of life, or refer to other people as sub-human, or imply that America belongs to just one certain type of people.” Such language “has no place in our politics and our public life” and it is time “for the overwhelming majority of Americans of goodwill, of every race and faith and political party, to say as much — clearly and unequivocally.”

Let’s have a real discussion of mass shootings and gun violence — without any attempts at mirco-management by the Mayor or self-serving limitations on that discussion being imposed in advance by local politicians who are afraid that the public is fed up with the Republican Party’s spinelessness in the face of the NRA and the racist rhetoric of Trumpism, and their policy of creating diversions after each mass shooting rather than enacting real, common sense, gun control regulation.

I also ask that this Task Force be comprised of and led by real experts in the field of gun violence prevention. We have many such experts here in Irvine on the faculty of UCI and the UCI School of Law.  Our task force should not be solely composed of — or led by — politicians with an interest in self-promotion or self-protection, or protecting their political allies from justified and necessary criticism.

In addition, I suggest that the Irvine City Council immediately direct our Irvine Police Department to promote awareness of California’s Gun Violence Restraining Order (GVRO) law, which allows family members and law enforcement to seek the temporary removal of firearms from someone they believe poses a danger to themselves or others.

While GVROs have been called “the best tool in the state of California for responding to a threat of gun violence,” they are rarely used because residents and law enforcement remain largely unaware of the law and its potential to help stop a crime before it has been committed.

You can see a video presentation of California GVROs here:

I also propose that the City of Irvine and the Irvine Police Department remind residents about California’s safe storage laws requiring that guns be locked away from minors and anyone who should not have access to them.

I look forward to a lively, positive and open-minded discussion of what we can do in Irvine to prevent mass shootings and gun violence, including an awareness and educational campaign about GVROs, issuing official statements from our City Council calling on President Trump to stop his inflammatory rhetoric demonizing immigrants, Muslims, and people of color, and calling on Congress to pass common sense gun regulations relating to universal background checks, military-style assault rifles, and high capacity magazines.

 

OC Register Editorial: Democracy Cannot be Stage-Managed by the Majority for their Own Convenience and Political Advantage

The Orange County Register’s editorial of July 17, 2019, correctly calls out and condemns the recent move by the Irvine City Council to prevent a Council Member from putting an item on the agenda unless two other members agree to do so.

As the Register states, “The transparent goal is to shut down the views of the political minority. Irvine officials said they want to stop ‘grandstanding,’ but one person’s grandstanding is another’s chance to raise vital concerns.”

The Register also recognizes that while the new rule was adopted specifically to silence me, the effect of the rule will be to silence all disagreement and dissent:

“Fox has previously discussed supposedly ‘divisive’ issues ranging from flying the LGBTQ flag at City Hall to creating a veterans’ cemetery near the Great Park. But this fracas isn’t about the particular issues any member might want to discuss, but about whether a duly elected official has the right to publicly discuss them. Councils are not private clubs . . . These are the public’s meetings and all officials, even minority voices, represent their constituencies. All elected bodies need to encourage wide-ranging discussions so the public can be part of the self-government process – and not just observers of a carefully crafted script. That’s the essence of representative democracy.”

Thank you to the OC Register for recognizing that public meetings in a real democracy cannot be stage-managed by the majority for their own convenience and political advantage.

As I’ve said before, Irvine’s current pro-Trump Council majority, again aided by its ostensibly Democratic ally, has made it clear that they are following in Irvine the very same playbook of obstruction and bullying used in Washington by Trump and Mitch McConnell, and with the same goal: to silence opposing voices.

But I have no intention of being silent.

And neither do you.

As with Trump and McConnell, we must persist and resist every day, and throw them out decisively in November 2020.

In the meantime, I’ll continue to raise my voice to speak for progressive policies and values — like respect for LGBTQ people, a state cemetery for our veterans, implementation of a serious plan to tackle climate change, more accessible child care, ending sexual violence and discrimination in the workplace, building affordable housing, and ensuring greater government transparency — as I was elected to do.

 

No, We Won’t Back Down

At its last meeting, the Irvine City Council took the unprecedented step of voting to prohibit a council member from placing an item on the agenda without two other council members’ approval.

Now, only the mayor will be allow to put an item on the agenda — a power that until last week had for decades belonged to every individual member of the City Council.

There have been many shifting majorities on the City Council over the years, but no other Council has gone so far to silence dissenting voices and points of view.

You can read about what took place in this excellent article in Voice of OC, including how this new rule is directed squarely at me in retaliation for proposing that Irvine fly the Pride Flag at City Hall, and how they made sure to propose the new rule — and then quickly enact it —  while I was on a long-planned trip to Alaska.

The truth is that Irvine’s Republican, pro-Trump Council majority — created by appointment in a back-room deal with its ostensibly Democratic ally and the developer FivePoint — has made it clear that they are following in Irvine the very same playbook of obstruction and bullying used in Washington by Trump and Mitch McConnell, and with the same goal: to silence opposing voices.

But I have no intention of being silent.

And neither do you.

As with Trump and McConnell, we must persist and resist every day.

And throw them out decisively in November 2020.

In the meantime, I’ll continue to raise my voice to speak for progressive policies and values — like respect for LGBTQ people, a state cemetery for our veterans, implementation of a serious plan to tackle climate change, more accessible child care, ending sexual violence and discrimination in the workplace, building affordable housing, and ensuring greater government transparency — as I was elected to do.

 

June is Pride Month: Join Me at the Irvine City Council Meeting on June 11, 2019, to Support My Motion to Fly the Pride Flag at Irvine City Hall!

I join California Governor Gavin Newsom in celebrating June 2019 as “LGBTQ Pride Month” in the State of California.

As Governor Newsom beautifully stated in his proclamation:

“As we celebrate and declare June as Pride Month in California, we are reminded of what makes California great — our remarkable capacity to live together and advance together across every conceivable difference. This June, we stand with the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community of California as they declare their pride in who they are and who they love.”

“Time and time again, this community has worked tirelessly for respect and equality. Their battles have been fought in the courts, from marriage equality to demanding equal protection under the law. Their fight continues to this day, as we combat discriminatory laws across the country.”

“While there has been remarkable progress towards acceptance and equality in recent years, members of the LGBTQ community in the United States and around the world still face an unacceptable level of discrimination and violence. We must remain vigilant and push back against those who seek to roll back our progress, and continue to make the case that each of us as human beings share a fundamental thing in common – all of us want to be loved, and all of us want to love.”

“In California, we celebrate and support our LGBTQ community’s right to live their lives out loud — during Pride month and every month. As we celebrate Pride across this state, we must continue to demand equal rights for all to create a California for all.”

June holds historic significance for the LGBT community.  In 1969, the Stonewall Riots occurred in the New York City as a protest against the police department’s unfair targeting of the LGBT community. The Stonewall Riots led to political organizing that is considered to be the beginning of the modern LGBT civil rights movement. The following year, the first LGBT Pride Parade was held in New York City on the anniversary of the Stonewall Riots. Today, California has the largest LGBT population in the nation and is home to over forty LGBT Pride celebrations.

At the Irvine City Council Meeting on Tuesday, June 11, 2019, I will be introducing a resolution to fly the Pride Flag from Irvine City Hall.

In doing so, Irvine would join the State of California, as well many other states and cities, including Anaheim, Costa Mesa, Laguna Beach, and Fullerton, and the Orange County Fairgrounds, in making it clear to all that our community is a place where LGBT people are visible, accepted, and welcome.

We would also be joining many of the largest corporations that do business in Irvine and Orange County, including Disney, Banana Republic, Starbucks, Verizon, Nordstrom, Budweiser, Bombas, Sephora, Chipotle, Reebok, Calvin Klein, Express, Kind, Nike, Adidas, Target, Ralph Lauren, Gap, Macy’s, and T-Mobile, in recognizing that taking a stand for LGBT equality is a positive sign to the business world that we are committed to ending prejudice against people based on who they love.

Community support is very important.  If you support this resolution, please attend the June 11, 2019, Irvine City Council Meeting and speak in favor. 

Your presence can make a very big difference.

Your personal stories are our most powerful and persuasive argument!

You can read my memo regarding the Pride Flag resolution HERE.

You can see the Facebook Event for Supporting the Pride Flag at the City Council Meeting HERE.

I hope to see you there!

UPDATE:

Sadly, even though more than a dozen Irvine residents spoke in favor of my resolution, the three Republicans on the Irvine City Council each voted against flying the Pride Flag from Irvine City Hall.

You can read the OC Weekly story about the vote HERE.

In response, Irvine residents initiated their own a Pride Flag flying event in front of City Hall, celebrating LGBTQ Pride and diversity in Irvine.  I joined them on Friday, June 28, 2019.

Below are some photos of the event:

MJF Pride Flag City Hall June2019.01MJF Pride Flag City Hall June2019.02MJF Pride Flag City Hall June2019.04MJF Pride Flag City Hall June2019.05

Celebrate Harvey Milk Day — Be an Agent of Change!

I am proud to join millions of people in California and throughout the world today in celebrating the life of Harvey Milk, born on this day in 1930 and murdered in 1978 because of his outspoken and courageous activism in the fight for equal rights for all people regardless of sexual orientation.

Since 2009, in California, Harvey Milk Day has been recognized as a day of special significance and an opportunity to remember and teach about Milk’s life and his work to stop discrimination against gays and lesbians.

We’ve come a long way, thanks in large measure to the courage of Harvey Milk.

When Harvey Milk first ran for supervisor in San Francisco in 1977, he was told that an openly gay man could never get elected. When he won, he became the first openly gay non-incumbent ever to win an election for public office in the United States.

Now there are hundreds of openly gay men and women serving their communities and states in elected office.

But much more needs to be done.

We must continue to fight for the elimination of violence and discrimination against people based on their sexual orientation or gender identity – in our own communities and throughout the world.

We must ensure that governments everywhere respect the dignity and human rights of all people in regard to their own gender identity.

We must continue to fight for the sexual and reproductive rights of all people.

When President Barack Obama posthumously awarded Harvey Milk the Medal of Freedom, our nation’s highest civilian award, he said Milk was “an agent of change” who “saw an imperfect world and set about improving it, often overcoming great obstacles along the way.”

Let’s each of us honor Harvey Milk by committing to being an agent of change.

Celebrate Harvey Milk Day — Be an Agent of Change!

I am proud to join millions of people in California and throughout the world today in celebrating the life of Harvey Milk, born on this day in 1930 and murdered in 1978 because of his outspoken and courageous activism in the fight for equal rights for all people regardless of sexual orientation.

When Harvey Milk first ran for supervisor in San Francisco in 1977, he was told that an openly gay man could never get elected. When he won, he became the first openly gay non-incumbent ever to win an election for public office in the United States.

Harvey Milk stamp, Melissa Fox, Irvine Commissioner Melissa Fox, melissafoxblog, melissajoifox, Melissa Fox blogNow there are hundreds of openly gay men and women serving their communities and states in elected office.

We’ve come a long way, thanks in large measure to the courage of Harvey Milk.

But much more needs to be done.

We must fight for the elimination of violence and discrimination against people based on their sexual orientation or gender identity – in our own communities and throughout the world.

We must ensure that governments everywhere respect the dignity and human rights of every minority group and every marginalized community.

When President Barack Obama posthumously awarded Harvey Milk the Medal of Freedom, our nation’s highest civilian award, he said Milk was “an agent of change” who “saw an imperfect world and set about improving it, often overcoming great obstacles along the way.”

Let’s honor Harvey Milk by each of us, in our own way, being an agent of change.

Celebrating Harvey Milk Day 2014 – Be an Agent of Change!

Harvey Milk stamp, Melissa Fox, Irvine Commissioner Melissa Fox, melissafoxblog, melissajoifox, Melissa Fox blogI am proud to join millions of people in California and throughout the world today in celebrating the life of Harvey Milk, born on this day in 1930 and murdered in 1978 because of his outspoken and courageous activism in the fight for equal rights for all people regardless of sexual orientation.

When Harvey Milk first ran for supervisor in San Francisco in 1977, he was told that an openly gay man could never get elected. When he won, he became the first openly gay non-incumbent ever to win an election for public office in the United States.

Harvey Milk stamp, Melissa Fox, Irvine Commissioner Melissa Fox, melissafoxblog, melissajoifox, Melissa Fox blogNow there are hundreds of openly gay men and women serving their communities and states in elected office, including our own Speaker of the California Assembly, Toni Atkins, and my very dear friend, Huntington Beach Mayor Pro Tem Joe Shaw.

We’ve come a long way, thanks in large measure to the courage of Harvey Milk.

But much more needs to be done.

As Harvey Milk said, “Hope will never be silent.”

We must continue to fight for marriage equality for all.

We must fight for the elimination of violence and discrimination against people based on their sexual orientation or gender identity – in our own communities and throughout the world.

We must ensure that governments everywhere respect the dignity and human rights of every minority group and every marginalized community. 

When President Barack Obama posthumously awarded Harvey Milk the Medal of Freedom, our nation’s highest civilian award, he said Milk was “an agent of change” who “saw an imperfect world and set about improving it, often overcoming great obstacles along the way.”

Today, the United States Postal Service will issue a Harvey Milk Forever Stamp to honor this brave and visionary leader.

To truly honor Harvey Milk, each of us, in our own way, must become agents of change.