Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    Ambiguous
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Surveys in California have shown mixed views towards LGBTQ+ rights and issues.

Perception of LGBTQ+ People

Survey results from 13 LGBTQ+ Equaldex users who lived in or visited California.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in California

?

Homosexual activity in California is legal.

Current status
Since Jan 1, 1976
Legal
Legislative repeal, effective 1976.
Sources:
The 1975 Consenting Adult Sex Bill (California Assembly Bill 489), effective 1/1/1976.
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Same-sex marriage in California

?

Same-sex marriage in California is legal.

Current status
Since Jun 28, 2013
Legal
In 2013, California legalized same-sex marriage permanently; rendering Proposition 8 unenforceable.
Sources:
Hollingsworth v. Perry (570 U.S. ___ (2013) Docket No. 12-144). supremecourt.gov/opinions/1…
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Nov 5, 2008–Jun 27, 2013
Banned
Banned by Proposition 8 being passed within the state’s constitution.
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Jun 16, 2008–Nov 5, 2008
Legal
Same-sex marriage in California was briefly legal in 2008, before being overturned five months later.
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Censorship of LGBT issues in California

?

Censorship of LGBT issues in California is no censorship.

Current status
No censorship
Public schools are required to teach about the history of the LGBT community, and transgender students are allowed to choose the appropriate restroom or sports team that match their gender identity.
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Right to change legal gender in California

?

Right to change legal gender in California is legal, no restrictions.

Current status
Since Oct 15, 2017
Legal, no restrictions
Surgery is not required under state or federal law.
Until Oct 15, 2017
Legal, but requires surgery
Surgery was originally required in California.
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Gender-affirming care in California

?

Gender-affirming care in California is legal.

Current status
Since 2018
Legal
All Minors and Adults are able to get gender affirming care if they are out of state. There are no laws explicitly saying that they are protected for those living in the state. However, Gender affirming care clinics are always welcoming of new transgender people. Minors under the age of 18 living in a illegal state to get gender affirming care, may move to California to get gender affirming care. Under SB107 that protects Families of the minor as well from illegal states.
Sources:
leginfo.legislature.ca.gov/…
sd11.senate.ca.gov/news/202…��s-bill-provide-refuge-trans-kids-and-their-families-passes-final
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Legal recognition of non-binary gender in California

?

Legal recognition of non-binary gender in California is recognized.

Current status
Since 2018
Recognized
California introduced a non-binary option on driver's licenses in January of 2019 but introduced a non-binary option on birth certificates in 2018. Also, in 2021, California became the first state to allow gender-neutral markers on death certificates.
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LGBT discrimination in California

?

LGBT discrimination in California is illegal.

Current status
Since Aug 17, 2004
Illegal
Defines a hate crime as a criminal act committed because the victim's perceived: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Protections also include gender identification.

Also, In 2014, California became the first state in the U.S. to officially ban the use of gay panic and transgender panic defenses in murder trials.
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LGBT employment discrimination in California

?

LGBT employment discrimination in California is sexual orientation and gender identity.

Current status
Since Sep 25, 2004
Sexual orientation and gender identity
State law provides for protections against employment discrimination in regards to both sexual orientation and gender identification.
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LGBT housing discrimination in California

?

LGBT housing discrimination in California is sexual orientation and gender identity.

Current status
Since Sep 28, 2006
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.

Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
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Same-sex adoption in California

?

Same-sex adoption in California is legal.

Current status
Since Jan 1, 2003
Legal
California law states that an adult related to the child, a person named in a deceased parent’s will, a legal guardian, or a person with whom the child has been placed for adoption is permitted to petition to adopt. California §8600, 8601 permit same-sex adoption, and second-parent adoption is legal per case law exhibited via Sharon v. Supreme Court, 31 Cal. 4th 417 (2003). This case also explicitly banned discrimination based on sexual orientation in all adoptions and foster care placements in California.
Sources:
leginfo.ca.gov/cgi-bin/disp…
hrc.org/laws-and-legislatio…
www.lambdalegal.org/states-region/california
California Family Code §8600, 8601
Sharon v. Supreme Court, 31 Cal. 4th 417 (2003)
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Intersex infant surgery in California

?

Intersex infant surgery in California is ambiguous.

Current status
Ambiguous
While California has no laws specifically for intersex infant surgeries, hospitals may offer it. Federally it is not banned, as multiple other states have banned it. Intersex is also named Disorders of Sex Development (DSD) and may not be offered unless it's medically necessary like giving the child medical issues that need to be addressed, like endangering the child's life span.

Serving openly in military in California

?

Serving openly in military in California is legal.

Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.


A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Apr 11, 2019–Feb 26, 2021
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
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Sep 20, 2011–Apr 11, 2019
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Dec 21, 1993–Sep 20, 2011
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Sources:
gpo.gov/fdsys/pkg/PLAW-104p…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
history.com/news/dont-ask-d…
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Blood donations by MSMs in California

?

Blood donations by MSMs in California is legal.

Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
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Apr 2, 2020–May 11, 2023
Banned (less than 6-month deferral)
Blood donation centers follow the non-binding FDA three-month deferral guidance.
Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
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Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
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Conversion therapy in California

?

Conversion therapy in California is banned.

Current status
Since Sep 29, 2012
Banned
Note that this only applies to youth (under 18 years olds)
Until Sep 29, 2012
Ambiguous
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options.

Equal age of consent in California

?

Equal age of consent in California is equal.

Current status
Equal
The age of consent is 18 for both same-sex couples and opposite-sex couples.