Assembly Bill No. 1887 is a milestone in LGBTQ+ rights. LGBTQ+ individuals are subject to extensive bigotry in states that permit or encourage discrimination based on their gender identity or sexual orientation. As some states implement discriminatory laws that directly impact LGBTQ+ populations, these individuals become forced to endure intolerance or are unwelcome when required to travel to these states for work. AB 1887 solves this issue by outlining further restrictions on travel options for government agencies, commissions, or offices to protect their LGBTQ+ employees.
What is AB 1887?
AB 1887, or Assembly Bill No. 1887, is a California law that prohibiting any state agency, department, board, or commission from requiring their state employees, officers, or members to travel to states where protections against discrimination based on sexual or gender identity are slim or nonexistent. Under AB 1887, government employees, officers, or members cannot be required to travel to states that meet the following criteria:
- Any state that has the effect of voiding or repealing existing state or local protections against discrimination based on gender identity, gender expression, or sexual orientation.
- Any state that authorizes or requires discrimination against same-sex couples or their families or based on sexual orientation, gender identity, or gender expression
- Any state that creates an exemption to anti-discrimination laws to permit discrimination against same-sex couples or their families or based on sexual orientation, gender identity, or gender expression
AB 1887 also prohibits the California state government from funding or sponsoring travels to states that meet the above criteria. These restrictions on states require that the California Attorney General maintains a list of all states under the AB 1887 travel ban and updates it often.
What states are subject to AB 1887?
Because there are several guidelines that states must follow to avoid a California travel ban under AB 1887, several states are banned for travel for government employees, officers, and members. The following states meet the criteria for the travel ban, and they are thus banned for required travel under this new California law:
- Alabama
- Arkansas
- Florida
- Idaho
- Iowa
- Kansas
- Kentucky
- Mississippi
- Montana
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- West Virginia
Are there any exceptions to AB 1887?
Because there are instances where California state government employees, officers, or members may have no choice but to travel to these banned states, they may be required to under specific circumstances such as:
- Enforcing the laws of California including audits and revenue collection.
- To fulfill contractual obligations that were finalized prior to January 1, 2017.
- Federal requests to appear before a committee.
- To protect the welfare, public health, and safety of individual and a population when determined by the affected department, board, authority, agency, commission, or legislative office.
- Participation and attendance in meetings that are required to receive grant funding.
- Any training required to obtain or retain a professional license if comparable training is unavailable in California or another state not subject to the travel ban.
- In order to litigate cases in relation to California or federal law.
Q&A:
When is AB 1887 going to be enacted?
AB 1887 was implemented and enacted on January 1, 2017.
Can a state enact legislation to remove itself from the travel ban?
The deadline to enact legislation that complies with the travel ban was June 26, 2015. However, a state can be removed from the travel ban list if its laws no longer qualify as grounds for the travel ban. The travel ban applies to states as long as they enforce laws that meet the criteria outlined in AB 1887.
Can individuals travel to these states for personal reasons?
An individual can travel to these states for personal reasons. AB 1887 prevents government agencies, offices, commissions, or departments from requiring individuals to travel to these states for professional or work purposes. Additionally, AB 1887 only pertains to state government entities seeking to fund or sponsor travel to these states. As long as individuals are looking to travel to these states without state funding or state requirement, the travel ban does not apply.
What were the reasons for enacting AB 1887?
California’s commitment to preventing their workers from forced subjugation to another state’s discriminatory laws is the purpose for enacting AB 1887.
How have states been added to the travel ban list?
Several states have been added to the travel ban list since its enactment. These states have established laws that qualify for the travel ban, and they were placed on the list in 2017. The following is a timeline for states and their travel ban status:
- States banned from initial enactment:
- Kansas
- Mississippi
- North Carolina
- Tennessee
- States banned as of June 23, 2017:
- Alabama
- Kentucky
- South Dakota
- Texas
- States banned as of June 1, 2018:
- Oklahoma
- States banned as of April 15, 2019:
- South Carolina
- States banned as of October 4, 2019:
- Iowa
- States banned as of July 1, 2020:
- Idaho
- States banned as of July 1, 2021:
- Montana
- Florida
- States banned as of July 8, 2021:
- West Virginia
- States banned as of July 29, 2021:
- Arkansas
- States banned as of August 1, 2021:
- North Dakota
- States banned as of September 30, 2021:
- Ohio
What is considered a state fund or sponsor?
The following funds qualify as state funds or sponsorships:
- 401 – General Funds (fund numbers 199XX, excluding UCGF)
- 40411 – State-Specific Funds (fund numbers 18000-18069)
- 41412 – State-Special Funds (fund numbers 18070-18199)
- 40421 – State Contracts, Grants, and Cooperative Agreements (fund numbers designated by campus)
- 1003 – Plant Funds State Appropriations (fund numbers 00800-00999)
If used for required or funded travel to the above states for state government employees, officers, or members, these funds are violations of AB 1887.
Contact Pride Legal
If you or a loved one is concerned or may be victim of their employer violating AB 1887, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.