The culture war goes to court

From: POLITICO California Playbook - Thursday Sep 07,2023 01:07 pm
Presented by Connected Commerce Council: Inside the Golden State political arena
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POLITICO California Playbook

By Lara Korte and Dustin Gardiner

Presented by Connected Commerce Council

Jennifer Bloomer, rear, holds a sign during a rally against President Donald Trump's decision to roll back a federal rule saying public schools had to allow transgender students to use the bathrooms and locker rooms of their chosen gender identity at City Hall in San Francisco, Thursday, Feb. 23, 2017. (AP Photo/Jeff Chiu)

Jennifer Bloomer, rear, holds a sign during a rally at San Francisco City Hall in 2017. | Jeff Chiu/AP Photo

DRIVING THE DAY— HAKEEM IN THE HOUSE: In the spirit of his predecessor, House Minority Leader Hakeem Jeffries is making a fundraising swing through the Golden State this week. He was in Sacramento last night for a DCCC benefit organized by Rep. Doris Matsui at the home of Mary Gonsalves and Jason Kinney, who hosted Nancy Pelosi last year for a fundraiser at their home.

THE BUZZ — A Southern California school board is barred from forcing schools to out transgender students to their parents — for now.

In the ongoing push-and-pull between conservative board members and the state’s top officials, California Attorney General Rob Bonta notched a preliminary — but notable — win Wednesday. A San Bernardino Superior Court judge issued a temporary restraining order against the Chino Valley Unified School District, halting a new policy that requires schools to notify parents if their child requests to be identified by a gender other than what is on their official documents — what Bonta and others call “forced outing.”

The decision is the first indication that Chino Valley’s policy — and similar ones adopted by conservative school boards elsewhere in the state — might be illegal.

“While this fight is far from over, today’s ruling takes a significant step towards ensuring the physical, mental and emotional well-being of transgender and gender-nonconforming students,” Bonta said in a statement.

Judge Tom Garza granted the temporary restriction, indicating the state demonstrated its likelihood of success on the merits of its challenge, which asserts the policy violates the privacy and equal protection rights of students.

Because the school board’s policy specifically applies to gender identity, which is protected from discrimination under California law, the school board could face an uphill battle in justifying its policy, said Jennifer Pizer, chief legal officer for Lambda Legal.

"I think the burden of persuasion on [the school board] to justify this is high," Pizer said. "And together with these anti-transgender statements, it makes it extra difficult."

Lawmakers in the nation’s liberal bastion have wrestled with the best way to respond to the local policies, which have put schools on the frontlines of the culture wars. Just Wednesday night, a familiar scene played out in Rocklin, a Sacramento suburb where school board members spent hours hearing testimony from parents and protesters before passing their own policy, similar to Chino Valley. 

Democrats in the Legislature this session briefly considered stepping into the fray with their own response but have decided for now to let the state’s top legal officer handle it in the courts. Even Gov. Gavin Newsom — notorious for taking hardline stances in the culture wars — has kept a low profile on this one. Asked if he had a comment on the ruling, his office referred us to the Department of Justice.

 

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FRESH INK

VOTE COUNTS — Thanks to key Assembly votes, California voters could soon vote on voting.

A complex end-of-session fight over approving taxes progressed on Wednesday as the Assembly advanced two constitutional amendments changing election thresholds. ACA-1 would lower the bar for passing local taxes to 55 percent from its current two-thirds level — set decades ago by the Proposition 13 tax revolt. And ACA-13 would impose a two-thirds threshold on a California Business Roundtable ballot initiative aimed at making it harder to increase taxes.

Both measures are backed by unions and local governments who warn against starving cities and counties of revenue. Business foes have mounted a counter-campaign, including ads that wade into a Dem-on-Dem House race. In a test for new Speaker Robert Rivas, who put his name on the two measures, ACA-1 and ACA-13 secured the two-thirds margins they needed to move on to the Senate.

And if they pass the Legislature? The California electorate would need to give final approval – naturally.

Jeremy B. White 

Sen. Dianne Feinstein (D-Calif.) arrives for a vote at the U.S. Capitol Sept. 6, 2023. (Francis Chung/POLITICO via AP Images)

Sen. Dianne Feinstein (D-Calif.) arrives for a vote at the U.S. Capitol on Sept. 6, 2023. | Francis Chung/POLITICO via AP Images

FEINSTEIN SPEAKS — Sen. Dianne Feinstein spoke for the first time publicly Wednesday about the bitter family legal battle over her late husband’s fortune. The senator said she has asked her daughter, retired Judge Katherine Feinstein, to act as her power of attorney because she’s busy with her Senate duties. “She is focused on her work in the Senate and asked her daughter to handle this private family matter,” spokesperson Adam Russell said.

Earlier in the day, Feinstein seemed unaware of her daughter’s involvement in the case. She told a reporter in the halls of the Capitol that she “gave no permission to do anything,” as the San Francisco Chronicle reported. Feinstein later clarified that she had, in fact, entrusted her daughter to handle her private legal affairs.

The trustees for the estate of Feinstein’s late husband, financier Richard Blum, have questioned the appropriateness of Katherine Feinstein acting on her mother’s behalf. In a court motion filed last week, they wrote, “it is unclear how Senator Feinstein — a sitting United States Senator — supposedly has the capacity to appoint a trustee, yet seemingly cannot file the petition in her own name.”

MR. RELATIONSHIP — Rep. Robert Garcia was in Sacramento this week doing something seldom done around the state Capitol by members of Congress: pressing the flesh. Garcia huddled with Newsom, Speaker Robert Rivas, Senate Pro Tem Toni Atkins and incoming Pro Tem Mike McGuire.

Politicians meeting with each other is hardly headline — or even newsletter — news, but the crossover between Sacramento and D.C. is still unusual and speaks to Garcia’s knack for building relationships and growing his nascent profile with powerful people across California and in Washington.

Recently, Garcia served as a kind of emissary for his freshman class on concurrent visits to Vice President Kamala Harris’ residence at the Naval Observatory. His takeaways from a swing through the Capitol: Rivas, Garcia said, was whip smart. And McGuire “was fantastic, by the way,” Garcia wrote in a post-meeting text. The man can schmooze.

— Christopher Cadelago

BUILD ME UP — Conservative activist and former Fox News host Steve Hilton unveiled a proposed ballot initiative Wednesday that seeks to address one of California’s intractable problems: the worsening housing shortage.

The measure, aimed at the November 2024 ballot, would prohibit private lawsuits tied to purported violations of the California Environmental Quality Act. Hilton said such CEQA lawsuits have long been a guise to oppose new housing. His measure would also cap the amount of impact fees that local governments can charge developers.

Hilton’s measure faces long odds in Democratic-dominated California, where he’s likely to face stiff opposition from unions that want to keep CEQA lawsuits in their toolbox. He must collect at least 546,651 voter signatures to qualify it for the ballot — a feat that will cost millions of dollars. Still, the commentator isn’t taking it lightly: “It’s something we feel real rage about,” he told Playbook.

 

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WHAT WE'RE READING TODAY

NOSE DIVE: Polling suggests Florida Gov. Ron DeSantispopularity in California has dropped precipitously. A new UC Berkeley Institute of Governmental Studies survey shows his support among likely Republican voters has fallen to 16 percent — down from 37 percent earlier this year. Former President Donald Trump is now on track to claim all of the state’s GOP delegates.

REQUEST DENIED … SORTA: The 9th U.S. Circuit Court of Appeals denied San Francisco’s request to undo a lower court’s injunction that has prevented the city from clearing homeless camps. But City Attorney David Chiu said the ruling makes clear that the city can remove those who refuse shelter.

SHUT OUT: It’s been a rough 24 hours for press access in Sacramento. First, KCRA reporter Ashley Zavala called attention to concerns about the Capitol no longer having a dedicated workspace for journalists (unlike most statehouses across the country). Then, the Los Angeles Times’ Hannah Wiley shared how she was prevented from interviewing an assemblymember in the hallways. In a statement, Rivas’ office said the renovation of the Capitol Annex has presented logistical problems. His office said it welcomes suggestions for improvement, without getting into specifics.

 

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Playbookers

SPOTTED: At Starbucks on 10th and L, Steve Hilton and RNC committeeman Shawn Steel. Rep. Robert Garcia (hanging at the aforementioned Starbucks). Assemblymember Laura Friedman grabbing a beverage there. Ditto for colleague Tim Grayson. Roger Salazar lunching at Ella.

SPOTTED: Stephen and Ayesha Curry unveiling a remodeled playground at an Oakland elementary school that was funded by their foundation “Eat. Learn. Play.” – and touting other donations to help fund kitchen upgrades, sports programs and new library books.

WEDDING WATCH — Alexa Roth, deputy chief of staff for Rep. Jimmy Panetta (D-Calif.), and Jesse Seidman, a freelance producer, got engaged Thursday in Paradise, Wash., on Mt. Rainier. They were introduced to each other by a mutual friend. Pic

BIRTHDAYS — IBM’s Chris Padilla Johan Propst of Rep. Brad Sherman’s (D-Calif.) office … Emerson Collective’s Robin Reck Bryan Watkins

 

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