California to become sanctuary state for transgender children under new law
Gov. Gavin Newsom late Thursday signed a law that aspires to make California a safe haven for families seeking gender-affirming care for their transgender children.
The law, authored by Sen. Scott Wiener, D-San Francisco, aims to block states with anti-LGBTQ policies from initiating civil or criminal actions against parents helping their transgender kids access health care in California.
“In California we believe in equality and acceptance,” Newsom said in a signing message. “We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care. Parents know what’s best for their kids, and they should be able to make decisions around the health of their children without fear. We must take a stand for parental choice. That is precisely why I am signing Senate Bill 107.”
Senate Bill 107 bars doctors from releasing medical information to authorities in other states investigating families of transgender children for taking them to providers for gender-affirming treatment. It also prevents California law enforcement agencies from arresting people for violating other state laws regarding gender-affirming care.
The new law gives California courts the ability to assert custody hearing jurisdiction when a transgender child is in the state to receive health care.
Equality California and Planned Parenthood Affiliates of California sponsored the bill in response to anti-LGBTQ laws in states like Texas, where families have faced child welfare investigations for helping their transgender children access gender-affirming care.
“While small, hateful men like (Texas Gov.) Greg Abbott and (Florida Gov.) Ron DeSantis attack trans children and their families, Governor Newsom today made clear that California will welcome them with open arms. SB 107 officially makes California a state of refuge for trans kids and their families,” said Equality California Executive Director Tony Hoang in a statement. “SB 107 will continue California’s legacy of leadership in protecting and advancing the health and well-being of LGBTQ+ communities in a time when we cannot take our rights and protections for granted.”
Jodi Hicks, president and CEO of Planned Parenthood Affiliates of California, said that SB 107 provides reassurance to transgender children that they will be able to get the care they need.
“California Planned Parenthood health centers are committed to providing care, including gender-affirming care and LBGTQ+ services, to all who come through their doors — regardless of where they call home,” Hicks said.
Also praising the bill’s signing was Democratic California Attorney General Rob Bonta, who said that the bill has the support of the California Department of Justice.
“California will not back down in the face of ongoing, nationwide attacks on the LGBTQ+ community,” Bonta wrote in a tweet.
The bill was opposed by a coalition of groups, including the conservative, Fresno-based California Family Council, which argued that the law will allow children to be enticed to California from other states against their parents’ wishes and in defiance of out-of-state custody determinations.
“SB 107 endangers every young person in the nation who experiences gender dysphoria,” said California Family Council President Jonathan Keller in a statement. “By signing this extreme bill, Gavin Newsom is telling all parents across the country that he knows what’s best for their children. Mothers and fathers in every state should demand their elected representatives push back against this unconstitutional assault on parental rights. Governors and legislators must defend their citizens from this out-of-control government in Sacramento.”
The California Family Council is referring to a pair of provisions in the bill; one that authorizes courts to take temporary jurisdiction in custody cases where a child has been unable to obtain gender-affirming health care, and one that prohibits courts from considering the taking of a child from a person with legal custody if the taking of the child was for the purpose of obtaining gender-affirming health care or mental health care.
This story was originally published September 30, 2022 at 5:30 AM.