LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 2Art. 1§ 130 Militia Anti-Discrimination Policy

§ 130 Militia Anti-Discrimination Policy

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 130 Militia Anti-Discrimination Policy

This law makes it illegal to treat someone unfairly when they join, get promoted, or receive a commission in the state militia because of protected characteristics like race, gender, or religion, and it requires the state to ensure equal treatment for all militia members.

Key Takeaways

  • •Militia members cannot be discriminated against in enlistment, promotion, or commissioning based on protected traits.
  • •The state must provide equal treatment and opportunity for all militia members.
  • •The Governor can create rules to enforce this policy, respecting federal authority.

Example

A female member of the California National Guard wants to become an officer, but her commander refuses to consider her because she is a woman.

The law says she cannot be denied a promotion or commission because of her gender, so the commander must treat her the same as male members.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 130 Militia Anti-Discrimination Policy

(a) Members of the militia of the state shall not be discriminated against in enlistments, promotions, or commissions on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (b) It is hereby declared to be the policy of the State of California that there be equality of treatment and opportunity for all members of the militia of the state without regard to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. This policy shall be put into effect in the militia by rules and regulations to be issued by the Governor with due regard to the powers of the federal government that are, or may be, exercised over all the militia of the state with regard to positions requiring federal recognition. (Amended by Stats. 2004, Ch. 788, Sec. 17. Effective January 1, 2005.)

Last verified: January 11, 2026

Key Terms

militiadiscriminationequality of treatmentGovernorfederal recognition

Related Statutes

  • § 123 Militia Enrollment Orders
  • § 122 State Militia Membership Requirements
  • § 124 Enrollment Compliance Requirement
  • § 126 Governor Appointed Exemption Boards
  • § 127 Governor'S Military Command Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 130.
View Official Source