California legislators have adopted protections for parents who bring their transgender children to the Golden State to access gender-affirming health care banned in their home state. It is now up to Governor Gavin Newsom to make them law.
Newsom in recent months has gone out of his way to wage a public affairs campaign against Republican governors across the South who have implemented laws that rollback protections for their LGBTQ state residents in addition to restricting access to abortion services. But back at home he has faced criticism for vetoing legislation that could hamper his ability to wage a future presidential campaign in GOP-dominated states.
It has led to heightened scrutiny and speculation this legislative session on which bills Newsom will sign or veto. One such bill is Senate Bill 107, which aims to provide a legal refuge for trans kids and their families who face being persecuted by their own state governments, such as in Alabama, Texas, and Idaho.
Under Texas Governor Greg Abbott, parents of trans kids who receive gender-affirming care found themselves being investigated by state agencies and facing the possibility of being prosecuted and seeing their trans children placed in foster care. A state court placed a temporary hold, however, on such policies as the state presses its argument in support of the transphobic law in court.
In Alabama, parents and physicians face being imprisoned for up to 10 years for either allowing their trans kids or providing their trans patients gender-affirming care. A federal district court placed an injunction on the law, however, as it is challenged in court.
Bolstering the likelihood that Newsom will enact SB 107 is that he has engaged in a war of words this summer with the governors of both the Lone Star and Yellowhammer states over how they are running their states. Plus, 19 other states have introduced similar "trans refuge state" bills.
Gay state Senator Scott Wiener (D-San Francisco) gutted and amended legislation before the Assembly to introduce SB 107 in April. It makes it California policy to reject any out-of-state court judgments removing trans kids from their parents' custody because they allowed them to receive gender-affirming health care.
The bill also bars state health officials from complying with subpoenas seeking health records and any information related to such criminal cases. Public safety officers would also be instructed to make out-of-state criminal arrest warrants for such parents their lowest priority.
The bill didn't escape the last day of the session without some opposition. Senator Melissa Melendez (R-Los Angeles) suggested that the bill could cause even further problems for families in other states when parents don't agree with one another about gender-affirming care for their children. Along with Senator Brian Dahle (R-Gold River), who is running for governor, she described the bill as approving surgery on children.
"Later on you discover it's something you regret, you can't change it," she argued.
That, argued Wiener, was a distortion of the bill's contents. "This bill does not write what the standards are for gender-affirming care," he said, adding that opponents of gender-affirming care were "trying to score cheap political points on the backs of these children."
After passing the Assembly August 29 on a 48-16 vote, the state Senate Wednesday, August 31, adopted SB 107 on a 30-9 vote. Newsom has until September 30 to sign it into law or veto it.
"Trans kids and their parents are being criminalized and used as political punching bags by right-wing zealots," stated Wiener. "California will always stand with LGBTQ kids and their families. No one should ever have to worry about being separated from their child simply for allowing that child to be who they are. This is disgusting and we will fight back."
All eight members of the Legislative LGBTQ Caucus co-authored SB 107, as did straight allies such as Assemblymembers Matt Haney (D-San Francisco), Ash Kalra (D-San Jose), Rebecca Bauer-Kahan (D-Orinda), Mia Bonta (D-Alameda) and Lori Wilson (D-Fairfield). Statewide LGBTQ advocacy organization Equality California, Planned Parenthood, and Lieutenant Governor Eleni Kounalakis all signed on as co-sponsors of the bill.
Help keep the Bay Area Reporter going in these tough times. To support local, independent, LGBTQ journalism, consider becoming a BAR member.