On 12 October 2009, California Governor, Arnold Schwarzenegger, fell short of ensuring full protection of LGBTQ people in the California’s prison system. Choosing to veto the LGBT Prisoner Safety Act (AB 382, Ammiano) and the Equal ID Act (AB 1185, Lieu), he has failed to cement two crucial policies into law. Needless to say, the LGBTQ community has been failed, and must now overturn the Governor’s cruel and unusual decision.

First and foremost, the Governor’s reasons for vetoing the LGBT Prisoner Safety Act (AB 382, Ammiano), was due to the fact that California’s prison system already takes gender identity and sexual orientation into account when housing prisoners. Whilst that is very likely the case, GLBTQ inmates shall remain vulnerable until this becomes actual law. Until then, human rights violations may continue.

As for the vetoing of the Equal ID Act (AB 1185, Lieu), the Governor’s reasons were similar. Thanks to a past landmark victory, Somers v. Superior Court, it had already been ruled unconstitutional to deny transgender inmates the right to petition a gender change. Despite this fact, the Transgender Law Center asserts that the “Equal ID Act would have alleviated any confusion in the statutory language itself.”

As of January 2010, the LGBT Prisoner Safety Act has been reintroduced and is said to have passed the Assembly Appropriations Committee on 21 January. To ensure the Governor does not fail the GLBTQ community a second time, it is imperative that readers contact him by phone, snail mail or email and let him know why such a bill must be signed into law. Prison can often be a dangerous and frightening place for GLBTQ people, and thus, if measures are not taken to ensure safety, it will create an inexcusable offense. Please readers, do the right thing, and take of a stand for the oppressed.