California would be a sanctuary state for transgender kids if Gavin Newsom signs proposed bill

California Gov. Gavin Newsom has been outspoken in his criticism of states like Texas, Idaho and Alabama that have passed laws severely restricting or even criminalizing transgender medical care.

Now he’ll have a chance to back that up with his signature, as lawmakers have sent him a bill turning California into a sanctuary for children seeking gender-affirming treatment.

Senate Bill 107, by Sen. Scott Wiener, D-San Francisco, is designed to serve as a roadblock for civil and criminal legal actions from other states where such treatment is restricted or against the law.

The bill passed the Senate, 30-9 on a party line vote, all Democrats for, all Republicans against. One Democrat, Sen. Bob Hertzberg, did not vote.

The bill prohibits medical providers from releasing information in response to anti-gender-affirming-treatment lawsuits from other states. It also bars California state and local police from making an arrest or extradition for violating other states’ laws regarding against gender-affirming treatment. It declares out-of-state warrants for violating those laws to be the lowest priority.

The bill also provides courts with the authority to declare jurisdiction in custody hearings where the child is in the state for treatment.

“Our trans state of refuge bill is on its way to the Governor after just receiving final Senate approval! SB 107 sends a crystal clear message to the nation that no matter what vile anti-LGBTQ hate laws right-wing politicians think of, California will stand with our community,” Wiener wrote in a tweet after the bill’s final passage.

Human Rights Watch reports that as of March, state legislatures across the country have introduced more than 300 anti-LGBTQ bills, nearly half of which specifically target transgender people.

“One particularly pernicious type of anti-transgender legislation that several states have passed or are considering is legislation to prevent gender-affirming medical care,” according to a Senate floor analysis of the bill.

Lack of available gender-affirming treatment is a factor in the mental health crisis among transgender youths; the analysis cites one study which found that 56% of transgender youths have attempted suicide, while 86% experience suicidal thoughts.

The analysis notes that it is unclear how SB 107 would hold up to a constitutional challenge in federal court. But in the event that certain parts of the bill are found to be unconstitutional, the rest of the measure would remain intact.

The bill is co-sponsored by Equality California, the largest statewide LGBT advocacy group in the country, which said in a statement that “while attacks on the transgender community are not new, we are experiencing alarmingly blatant attempts to use legislation, policy, and political rhetoric to restrict or eliminate the autonomy, freedom, and existence of transgender people across the country.”

The bill is opposed by a number of out-of-state anti-transgender organizations, as well as the California Family Council, which said in a statement, “Despite what the bill author says, there is no universal agreement within the medical community regarding the best way to provide healthcare to transgender-identified individuals.”

The bill has the support of multiple medical organizations, including the California Medical Association, the American Urological Association, the California Nurse Midwives Association and the Society for Pediatric Urology.

Newsom has until the end of September to sign or veto the legislation.

This story was originally published August 31, 2022 at 3:37 PM.