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Tuesday, June 29, 2021

Travel "Ban"

You may have read headlines about a new travel "ban" imposed by the State of California.* The "ban" covers Alabama, Idaho, Iowa, Kansas, Kentucky, Mississippi, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas. 

In fact, the law involved has been in effect for several years. It does not ban anyone from going anywhere. It does ban a state agency from requiring employees to go to the affected states. And it does ban using state funds for sending someone to such states. Of course, individuals - including state employees - are free to go anywhere on personal business. Travel financed by a research grants that is not state-funded is allowed. So, for example, going to academic conferences or meeting with co-researchers in an affected state using non-state funds is allowed.

From the website of the California Attorney General:

In AB 1887, the California Legislature determined that "California must take action to avoid supporting or financing discrimination against lesbian, gay, bisexual, and transgender people." (Gov. Code, § 11139.8, subd. (a)(5).) To that end, AB 1887 prohibits a state agency, department, board, or commission from requiring any state employees, officers, or members to travel to a state that, after June 26, 2015, has enacted a law that (1) has the effect of voiding or repealing existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression; (2) authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression; or (3) creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression. (Gov. Code, § 11139.8, subds. (b)(1), (2).) In addition, the law prohibits California from approving a request for state-funded or state-sponsored travel to such a state. (Gov. Code, § 11139.8, subd. (b)(2).)

The travel prohibition applies to state agencies, departments, boards, authorities, and commissions, including an agency, department, board, authority, or commission of the University of California, the Board of Regents of the University of California, and the California State University. (Gov. Code, § 11139.8, subd. (b).)

Source: https://oag.ca.gov/ab1887.

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*Example: https://www.sacbee.com/news/politics-government/capitol-alert/article252422453.html.

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