With the state facing a record budget deficit last year, Governor Gavin Newsom had vetoed legislation to expand public high school students' access to condoms due to its estimated $4 million price tag. Undaunted, advocates of the bill brought it back earlier this year.
They were hopeful of seeing Senate Bill 954 become law after state legislators allocated $5 million in funding for it over three years in the budget they passed in the summer and Newsom had signed. Yet Newsom on Wednesday vetoed the legislation, known as the Youth Health Equity + Safety Act, or YHES Act, authored by lesbian state Senator Caroline Menjivar (D-San Fernando Valley).
In a veto message released September 25 Newsom said he couldn't sign the bill due to still unaccounted for costs it would cause though he thanked "the author and sponsors for their commitment to the health and safety of California's youth."
Newsom contended that SB 954 creates "significant ongoing" budget issues "in the millions" that the Legislature didn't account for in the 2024 Budget Act. He reiterated from his veto message last year that state lawmakers need to consider the legislation's "unfunded mandate" it would create as part of the annual budget process.
"While the author successfully championed $5 million for a similarly aligned purpose in this year's budget, one-time funding does not adequately address the fiscal concerns associated with this bill," wrote Newsom. "In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure."
Menjivar and advocates blasted Newsom for his decision. In a statement, the Southern California lawmaker refuted the governor's contention that his disagreement with providing free condoms to ninth through 12th graders in California public schools is based on fiscal concerns.
"The governor vetoes bills because they weren't considered in the budget process and even when I did that, it still gets vetoed, causing a lot of confusion. While I cannot speculate on an ulterior motive, let's get real, it's not the cost," contended Menjivar. "The ongoing cost California cannot afford is the $1B we spend annually on STI related care."
She noted that she had taken Newsom's veto justification last year "of fiscal costs at face value." Thus, she worked to find funding this year to cover the cost of implementing a condom mandate in high schools, in order to address Newsom's stated concern with last year's bill.
"With SB 954 — Youth Health Equity & Safety Act, the coalition and I worked purposefully, in partnership with my LGBTQ Caucus colleagues and End the Epidemics, to secure $5 million dollars in the state budget. We were creative and, during a deficit year, found money already in a special fund specifically for SB 954," stated Menjivar.
Noting the gubernatorial veto came on the eve of World Contraception Day, advocates for the bill called out Newsom for "once again" failing California teens, adding they "are shocked and deeply saddened" by his decision. They were particularly outraged at his doing so amid "an STI crisis among California youth," noted Essential Access Health in a media release it shared with reporters on behalf of the coalition of groups and youth advocates behind SB 954.
"Once again, Governor Newsom has failed us. As teens who live in a state that claims to lead the nation in sexual and reproductive health, we expect better," stated Martin Orea, youth ambassador with the YHES 4 Condoms Campaign and youth leader with Generation Up. "SB 954 was a chance to equip us with the resources we need to protect ourselves, yet Governor Newsom chose to turn his back on us. We rely on our elected officials to make the right decisions for our future — but instead, the Governor let us down."
Menjivar and the bill's supporters vowed to not give up. But with Newsom having two years remaining until he is term-limited out of office, any future bills may not make it past his veto pen if lawmakers are unable to allocate additional funding for a school-based condom program.
Thus, it could be until 2027 under the next gubernatorial administration for the condom mandate to become law in the Golden State.
"Since this bill is focused on high school students, the cost we cannot afford is another year of youth experiencing half of all STI cases, some of which hold lifelong impacts. Both of my YHES bills have been led by a highly informed and persistent group of youth, which gives me hope for a more just and equitable future," stated Menjivar.
The coalition of bill co-sponsors was even blunter about their pressing forward to protect California teenagers from contracting sexually transmitted infections.
"We will continue to work alongside Senator Menjivar, youth, and community partners to advance youth sexual and reproductive health. Our fight for health equity and safety for California teens does not end here," per their joint statement to the press.
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