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On Friday, Gov Gavin Newsom vetoed a bill that would remove children from the custody of their parents who do not “affirm” their child’s gender identity or expression – when weighing custody disputes.
Assembly Bill 957 was passed by the state Assembly on September 8th by a vote of 61-16, while I was passed by the state Senate on September 6th by a vote of 30-9.
MPs Lori Wilson (D-Suisun City) introduced the gender affirmation bill, saying it is a bill to protect the TGI (transgender, gender-diverse and intersex) community. Youth Empowerment Act. she said AB 957 focuses on a child’s health, safety, and well-being by recognizing that parental consent is a critical protective factor in combating depression, substance abuse, and suicide.
Veto message:
To the members of the California State Assembly:
I am returning Bill 957 without my signature.
This legislation would require a court to consider, among other comprehensive factors, a parent’s affirmation of the child’s gender identity or expression when determining the best interests of a child in a custody or visitation proceeding.
I appreciate the passion and values that led the author to present this bill. I share a deep commitment to advancing the rights of transgender Californians, a commitment that has guided my decisions in public office over many decades.
However, I advise caution when the executive and legislative branches of state government attempt to impose legal standards on the judiciary – in prescriptive language that emphasizes a feature. Dissident elected officials in California and other states may well use this strategy
restricting the civil rights of vulnerable communities.
In addition, under existing law, a court is required to take into account the health, safety and welfare of a child when deciding the child’s best interests in these proceedings, including the parent’s confirmation of the child’s gender identity.
For these reasons, I cannot sign this bill.
Sincerely,
Gavin Newsom
Wilson issued the following gender affirmation statement after receiving the governor’s veto:
“I am extremely disappointed. I know the governor’s record. He has been an advocate for the LGBTQ+ community for years, even before it became popular. However, the Governor and I disagree on this issue about how best to protect TGI children. I have been disheartened over the past few years as I have observed the increasing hatred and feelings of hatred toward the trans community. My intention with this bill was to give them a voice, particularly in the family court system where a non-consenting parent could have a detrimental impact on a child’s mental health and wellbeing. Regardless of whether the blockade comes from the opposition or even from supporters, it only strengthens my resolve. I’m not done yet, this fight is personal! Not just for my family, but for all trans children who deserve a better, safer future.” – Lori Wilson
AB 957 was co-sponsored by the Women’s Foundation of California, Equality California, TransYouth Liberation, the Los Angeles LGBT Center, TransFamily Support Services, Gender Justice Los Angeles, the EmpowerTHEM Collective, and the California TGI Policy Alliance.
Editor’s note according to the draft law – This bill applies for the purposes of this provision This includes affirmation of the child’s gender identity or expression by a parent as part of the child’s health, safety and well-being.
3011.
(a) In determining the best interests of the child in a proceeding described in Section 3021, the court shall consider, in addition to any other factors it deems relevant and consistent with Section 3020:
(1) (A) The health, safety, and welfare of the child.
(B) For purposes of this paragraph, the health, safety, and welfare of the child includes, among other broad factors: the affirmation of a child’s gender identity or expression by a parent. The affirmation involves a range of actions and is unique to each child, but in each case must promote the child’s overall health and well-being.
Previous stories on the Gender Affirming Bill:
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