The San Diego Board of Supervisors approved an ordinance Tuesday geared toward eliminating discrimination against all women and those who identify as women.
Based on a United Nations treaty, the San Diego County Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) ordinance received approval by supervisors in a 3-2 vote. Supervisors Nathan Fletcher, Terra Lawson-Remer, and Nora Vargas voted
in favor, while Joel Anderson and Jim Desmond were opposed.
According to the ordinance, "women and girls" is defined as those who identify as women and girls, including transgender women and gender non-conforming, and people assigned female at birth who include non-binary, transgender men, and intersex communities”.
“Gender' shall mean the characteristics of women, men, girls, and boys that are socially constructed. As a social construct, gender can vary among cultures and can change over time,'' the ordinance states.
Most residents who spoke at the meeting were opposed to the county adopting the CEDAW, citing religious or safety concerns. Two opponents disrupted the meeting and caused an hour delay. Those in favor of the ordinance said it would not override federal or state laws or water down existing protections.
According to the county, the CEDAW is a road map to end gender-based discrimination and requires governments to take proactive action to prevent the violation of women's human rights.
“Equality has never been easy, but we have to continue to do this,'' Fletcher said.
County officials said only the United States, Iran, and Somalia have yet to ratify the CEDAW. However, several cities and counties, including Los Angeles and San Francisco, have adopted ordinances that reflect its principles.
“The evidence from these local outcomes indicates that adopting a CEDAW ordinance is a feasible and effective way to achieve gender parity, decrease gender-based discrimination, and work towards the elimination of all acts of discrimination against women,” according to an agenda information item.
The ordinance has three primary components that include: a statement of values and goals to prevent and eliminate discrimination and achieve gender equity; the implementation of county-wide intersectional gender analysis to identify gender equity barriers and factors perpetuating gender equity; implementation of a gender-equity strategy for county operations throughout the region.
The ordinance states that multiple forms of discrimination exist that "compound to disadvantage and oppress women, including race, ethnicity, immigration status, disability, familial status, and age".
“The extent to which women and girls experience inequities impacts their overall wellbeing and economic stability; and adoption of a CEDAW ordinance at the county level will help achieve gender equity and remove barriers faced by women and girls within the county, including in the areas of economic development, the criminal legal system, voting rights, civic engagement, health care, gender-based violence and harassment, housing and homelessness,'' according to the document.
The ordinance also features guidance on economic development, the criminal legal system, health care, gender-based violence, and harassment.
The board initially voted to approve the ordinance on April 26 in a 3-2 vote, opposed by Anderson and Desmond. Last November, the board unanimously approved the development of an ordinance based on the United Nation’s CEDAW, adopted in 1979.
President Jimmy Carter signed the CEDAW in July 1980 but had not reached the U.S. Senate for a vote.
Desmond said that the CEDAW does not have a distinct definition of men and women. Desmond said while both transgender men and biological women have rights, “and we've yet to find a way to balance those rights,'' he couldn't support the county's version of CEDAW.
Anderson said he was concerned about how the ordinance would affect Title IX, a federal law that prohibits sex-based discrimination in any school or educational program that receives federal money. He also raised concerns about authorities booking women in jail with transgender inmates and the weaponization of the ordinance language.
“We can't lift others by stepping on the women in our lives today,'' he added. “I can't support this today, but will work to ensure that everyone's treated fairly.''
