(a) The Legislature finds and declares that it is the right of every person regardless of actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with these actual or perceived characteristics, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of rights protected by the Constitution of the United States. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The Legislature further finds however, that the advocacy of unlawful violent acts by groups against other persons or groups under circumstances where death or great bodily injury is likely to result is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal and civil sanctions. (b) For purposes of this section, the following definitions shall apply: (1) âAssociation with a person or group with these actual or perceived characteristicsâ includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of âhate crimeâ under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55. (2) âDisabilityâ includes mental disability and physical disability as defined in Section 12926 of the Government Code. (3) âGenderâ means sex, and includes a personâs gender identity and gender expression. âGender expressionâ means a personâs gender-related appearance and behavior whether or not stereotypically associated with the personâs assigned sex at birth. (4) âNationalityâ includes citizenship, country of origin, and national origin. (5) âRace or ethnicityâ includes ancestry, color, and ethnic background. (6) âReligionâ includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (7) âSexual orientationâ means heterosexuality, homosexuality, or bisexuality.
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