California legislators have sent Governor Gavin Newsom myriad bills aimed at protecting the rights of LGBTQ state residents and improving their health care needs. Newsom now has until September 30 to either sign them into law or veto the legislation.
As has been the case in recent legislative sessions, medical concerns and the rights of transgender individuals are the focus of a bulk of the bills. Assembly Bill 3031 co-authored by Assemblymembers Alex Lee (D-San Jose), who is bisexual, and Evan Low (D-Cupertino), who is gay, would establish a nine-person Statewide LGBTQ+ Commission to help guide lawmakers on how to better address the community's needs.
"The LGBTQ+ Commission will recognize the lived experiences of LGBTQ+ community members," stated Lee. "It is an important step forward to ensure that everyone can live authentically and inclusively. As a member of the California Legislative LGBTQ Caucus, I am committed to advancing the state's progress as the bastion of LGBTQ+ rights."
Under Senate Bill 990, authored by gay state Senator Steve Padilla (D-San Diego), the Golden State's disaster plans would have to address the needs of LGBTQ+ communities. If it becomes law then the governor's Office of Emergency Services, known as Cal-OES, would consult with LGBTQ+ organizations and community advocates on updating the State Emergency Plan by January 1, 2027.
"Ensuring that we account for all of our communities when they are at their most vulnerable is in keeping with the highest of our ideals," stated Padilla. "Our practices as a state must reflect the values that we have fought so hard to protect."
Also before Newsom is AB 2442, the Increasing Access to Gender-Affirming Care bill. Authored by gay Assemblymember Rick Chavez Zbur (D-Hollywood), it would require various medical boards in the state to expedite medical licensure for gender-affirming care.
It is aimed at ensuring California has "a robust network of providers" to care for out-of-state transgender, gender-diverse, and intersex (TGI) patients coming to the Golden State because their home state has banned doctors from providing gender-affirming health care. The bill follows up on California declaring itself a trans refuge in light of other states adopting laws in recent years restricting their trans residents' health care services.
"We hope to see AB 2442 signed into law so we can better meet the needs of TGI individuals by ensuring the health care provider workforce is equipped with providers across California that are trained and prepared to provide comprehensive and equitable gender-affirming care to those who seek it in our state," stated Jodi Hicks, CEO and president of Planned Parenthood Affiliates of California.
The nonprofit health care provider offers gender-affirming care to more than ten thousand patients annually in California. It does so proudly, noted Hicks, "knowing that all people must be able to access the care they need and deserve."
And AB 1825 by Assemblymember Al Muratsuchi (D-Torrance) would prevent public libraries in the state from pulling books off their shelves or banning the purchase of titles that have to do with such subject matter as LGBTQ topics or race, or "because of the views, ideas, or opinions contained in materials." If enacted, it would not apply to libraries at public schools.
"Libraries play a special role in the public's civic education and the free exchange of diverse ideas and information. Over the past year, more than 3,000 books have been banned in libraries across America," noted American Civil Liberties Union California Action. "These books disproportionately feature stories about LGBTQ+ communities, people of color, and historically marginalized communities. Book bans to this effect are not only discriminatory — they are a violation of people's First Amendment right to access information."
The Bay Area Reporter has been tracking 18 LGBTQ-related bills this legislative session. One calling for California health officials to create an online resource for TGI patients got shelved on August 27. Lesbian state Senator Caroline Menjivar (D-San Fernando Valley) pulled her SB 959 since the state went ahead and launched such a website, as the B.A.R. first reported online August 28.
Newsom earlier this summer signed into law AB 1955 by gay state Assemblymember Chris Ward (D-San Diego) that bans school districts from outing trans youth without their permission to their parents unless doing so is needed to protect their mental health. He also added his signature to SB 1278 by gay state Senator John Laird (D-Santa Cruz) that requires California to officially recognize December 1 as World AIDS Day in perpetuity.
Now before Newsom to sign is Menjivar's SB 729 that would require large group health plans to provide coverage for fertility and infertility care, including in vitro fertilization. It would update the Knox-Keene Health Care Service Plan Act of 1975, also known as the Knox-Keene Act, that required health insurance policies in California to cover infertility treatment but not IVF.
It will also update the state's definition of infertility to be inclusive of LGBTQ+ family planning experiences. Fourteen other states have already enacted similar insurance laws.
"How much should equality cost California?" asked Mimi Demissew, who has a young son with her wife and is executive director of San Francisco-based LGBTQ family service provider Our Family Coalition. "Passing SB 729 will finally bring an end to California's bigoted law and bring California closer to standing on the right side of history by supporting the human right of wanting to and having children. I trust that Governor Newsom will not stand in the way of progress and am hopeful that he will sign SB 729 into law."
The bill had been put on hold last year and its status had been unclear earlier this year. But Menjivar, working with LGBTQ family advocates and gay Insurance Commissioner Ricardo Lara, was able to shepherd it out of the Legislature in late August.
"IVF has become a national topic, and as other states look to restrict access, the California Legislature has affirmed we are the torchbearers of reproductive freedom by sending SB 729, mandating fertility treatment coverage in large group insurance plans, to the governor," stated Menjivar. "Never before have we been so close to victory over this barrier to reproductive justice, and I urge Governor Newsom to live up to his claim to be a reproductive rights champion by signing SB 729 into law."
Another top priority for LGBTQ advocates and lawmakers is SB 957 authored by gay state Senator Scott Wiener (D-San Francisco). As the B.A.R. first reported in January, the legislation aims to ensure that state health officials are meeting their requirements to ask about sexual orientation and gender identity demographics, known as SOGI data for short.
It is in response to a scathing 2023 report from California's state auditor that found the statewide health department's SOGI data collection efforts were woefully inadequate. If enacted, SB 957 would require that state health officials implement all of the recommendations in the audit.
"We can't fix a problem we can't measure, and with SB 957 we can take a critical step to delivering true health equity," stated Wiener. "California must begin collecting the full range of data needed to understand the unique health challenges faced by LGBTQ people."
Other bills deal with LGBTQ health issues
SB 1333 by lesbian state Senator Susan Talamantes Eggman (D-Stockton) would require state and local health department employees and contractors to annually sign confidentiality agreements prior to accessing confidential HIV-related public health records. Currently, they just sign it once then the state or local health department is to yearly review the agreements.
The bill also authorizes disclosure to other local, state, or federal public health agencies or to medical researchers when confidential information is necessary for the coordination of, linkage to, or reengagement in care for the person.
Eggman authored it to address issues that came up during the mpox outbreak, where state confidentiality laws prevented health providers from noting in patient records if someone who contracted mpox was also HIV-positive, thus potentially impacting the care the person needed. It has also been an issue with people living with HIV who have other comorbidities, such as other STIs or tuberculosis.
AB 3161 by Assemblymember Mia Bonta (D-Oakland) would require hospitals, as of January 1, 2026, to analyze patient safety events by sociodemographic factors, like race, ethnicity, language, sexual orientation, and disability status. Known as the Equity in Health Care Act: Ensuring Safety and Accountability, the bill aims to bring to light the disparities in health that communities of color and LGBTQ communities are facing.
Additionally, AB 3161 requires hospital safety plans to include a process for addressing racism and discrimination and its impacts on patient health and safety.
Bills tackle legal, youth issues
A bill related to legal matters is AB 1979 authored by Ward and known as the Doxing Victims Recourse Act. Doxing is the release of an individual's private information online, such as their home address and phone number.
It is a tool utilized by online trolls against their critics, with transgender individuals often becoming doxing victims when they speak out against transphobic legislation or policies. The bill would allow a victim to pursue civil action to receive restitution for the harms endured as a result of being doxed.
Zbur's AB 2477 would update state law to clarify that young adults can accumulate cash savings while in foster care. The bill would ensure such youth are not penalized for their financial safety nets and have available resources to help achieve their goals, noted California Coalition for Youth Executive Director Jevon Wilkes.
"Youth aging out or otherwise exiting foster care can face barriers to long-term stability as they take on increasing obligations for day-to-day adult responsibilities, like paying rental deposits or higher education fees," stated Wilkes. "Financial capability and stability are important for all youth transitioning to adulthood but are crucial for youth transitioning out of foster care who have already faced other challenges and are expected to immediately manage their finances."
Under SB 1491 by Eggman the California Student Aid Commission would have to provide, beginning with the 2026—27 school year, written notice to college students who receive state financial aid if their postsecondary educational institution has an exemption from either the Equity in Higher Education Act or Title IX on file with the commission.
Often religious-based colleges will seek exemptions in order to not comply with providing protections covered by the rules to LGBTQ students on their campuses. The state commission currently is only required to post which schools have exemptions online. (https://www.csac.ca.gov/post/federal-title-ix-or-california-equity-higher-education-act-exemption)
For state-run colleges and universities, they would need to designate a confidential point of contact on their campus for lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex and two-spirit faculty, staff, and students. The bill was amended to remove having the Legislative Analyst's Office audit the state's community colleges and four-year colleges and universities with respect to the quality of life for their LGBTQ students, faculty and staff.
On Saturday, two bills were sent to the governor that had failed to advance last year and were brought back this session. Menjivar reintroduced her Youth Health Equity + Safety (YHES) Act as SB 954 this year to expand public school students' access to condoms.
Newsom had vetoed her similar bill last year over its estimated $4 million price tag. But with $5 million in funding over three years now secured for it, Menjivar is hopeful of seeing the governor sign the YHES ACT into law.
"When the Governor vetoed my similar bill last year, he cited funding. This time around, we secured $5 million in the California State Budget for programs the Youth Health Equity and Safety Act will bolster or implement. I urge Governor Newsom to listen to California's youth and sign SB 954," she stated.
Zbur also revived a bill Newsom had vetoed last year. His AB 2258 would codify longstanding federal guidance that health plans and insurers must cover services that are integral to providing recommended preventive care. Insurers would also need to provide without cost sharing ancillary and support services for PrEP, the HIV prevention medication, including screening for HIV and other sexually transmitted infections.
"Everyone deserves access to preventive care that includes birth control, services that support PrEP & PEP, and other STI screenings WITHOUT cost-sharing," Zbur had argued for why the bill was needed.
On Friday, AB 1899 by lesbian Assemblymember Sabrina Cervantes (D-Corona) passed out of the Legislature. It had been amended so it would no longer require jury questionnaires used by state courts to ask prospective jurors about their preferred names and pronouns. Rather, the forms would need to be "inclusive" and merely allow "a juror the ability to express their gender identity or gender expression, if applicable." The changes would need to be done by January 1, 2026.
Housing bill held
In mid-August the Senate Appropriations Committee held Zbur's AB 2498 that had aimed to prevent a wide range of individuals, from former foster youth, older adults, and adults with disabilities to people unemployed or who were recently incarcerated, from losing their housing. Known as the California Housing Security Act, the bill would have provided rent subsidies to the various rent-burdened populations and was co-authored by Assemblymember Sharon Quirk-Silva (D-Fullerton).
Zbur told the B.A.R. that is "deeply disappointed" that the bill didn't advance this year and fully intends to bring it back during the 2025 legislative session.
"One of the most cost-effective and compassionate ways to reduce homelessness is by preventing it in the first place and empowering people who are currently housed to stay in their homes. Up to ten thousand Californians become newly unhoused each year, with a disproportionate number represented by LGBTQ+ people and people of color," stated Zbur. "The state's 2023-2024 Master Plan for Aging also highlights the importance of housing subsidy programs as a key strategy for increasing housing stability, particularly for older adults and people with disabilities. We must focus more on prevention to best address the housing and homelessness crisis."
UPDATED 8/30/24 with comment from Zbur.
UPDATED 9/03/24 with results on three final bills.
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