California Laws Redefine Parental Role in Gender-Affirming Care, Sparking Debate

Sacramento, California – Recent legislative actions in California, notably Senate Bill 107 (SB 107) and Assembly Bill 957 (AB 957), have reshaped the legal landscape surrounding parental rights and access to gender-affirming care for minors, drawing both support and sharp criticism. These measures aim to protect access to care within the state while navigating complex issues of interstate jurisdiction and parental authority. The ongoing debate highlights a national tension between parental autonomy and the rights of transgender youth.

SB 107, signed into law by Governor Gavin Newsom in September 2022 and effective January 2023, designates California as a "sanctuary state" for gender-affirming care. The law prevents California courts and officials from cooperating with out-of-state legal actions, including subpoenas, that seek to penalize individuals for providing or receiving gender-affirming care that is legal in California. It also grants California courts temporary emergency jurisdiction in child custody cases if a child is present in the state to obtain gender-affirming care and is unable to do so in their home state.

Opponents of SB 107, including parental rights advocates, argue that the law could undermine parental authority and encourage minors to travel to California for care without their parents' consent, potentially leading to interstate custody disputes. They contend that the bill allows California to assert jurisdiction in ways that infringe upon the rights of parents in other states. Conversely, supporters, such as Equality California, assert that SB 107 provides crucial protections for transgender youth and their families fleeing states with restrictive laws, ensuring access to medically necessary care.

Further impacting parental rights, AB 957, which passed the California State Assembly in September 2023, mandates that state courts consider a parent's "affirmation of the child's gender identity or gender expression" as a factor in child custody and visitation decisions. While critics, including public figures like Shawn Ryan, have voiced concerns that this could lead to parents losing custody if they do not affirm a child's gender identity, legal experts clarify it is one of many factors judges weigh. Governor Newsom, when confronted with the claim that "the state can basically come in and take your kid if you’re against gender affirming care," responded, "Yeah there’s some in yeah yeah... um yeah there is some nuanced language there yeah in um around that," acknowledging the complexity of the legislation.

Adding to the state's stance, Governor Newsom recently signed a new law in July 2024, making California the first state to prohibit school districts from enacting policies that require staff to notify parents if their child requests to use different pronouns or names without the student's permission. This measure aims to protect LGBTQ+ students, particularly those who may face unsupportive home environments, while also fueling the broader discussion around the role of parents in their children's gender identity journeys. These combined legislative efforts underscore California's commitment to expanding access and protections for gender-affirming care.