California bill emphasizing gender confirmation in child custody cases is moving forward

California lawmakers on the US Senate Judiciary Committee on Tuesday pushed ahead with a measure that would require courts to consider whether a parent accepts their child’s gender identity in custody or visitation cases. “As a mother of a trans child, it is harrowing to know that TGI youth are at higher risk of depression, mental health crisis, self-harm and suicide than their cisgender peers,” said MP Lori Wilson, the drafter of the bill, in a statement. “The TGI Youth Empowerment Act provides California with an opportunity to move one step closer to building a safer, more dignified, and more just world for TGI youth and their families.” The bill, Assembly Bill 957, will now go to the Senate despite concerns from the Lawmakers on both sides of the aisle on how the courts will interpret the measure. Several senators said in Tuesday’s hearing that they want Wilson to clarify in the bill whether “gender affirmation” simply means accepting and supporting the child’s identity or whether it also includes the provision of gender-affirming health care, including surgeries and medications includes. Others raised concerns about the impact the bill might have on those who practice certain religions. Lawmakers supporting the measure noted that gender confirmation is not the ultimate requirement for judges to determine which parents will receive custody or how many visits they will receive. They found that a number of other factors are also taken into account in these cases. Republican Senator Scott Wilk criticized the measure, noting that it only applies to divorce cases for now, but raised concerns that the obligation to confirm the gender of parents could spill over into other sectors of society. “If you love your children, you need to flee California,” Wilk said. A full Senate vote would be one of the final hurdles for the bill before it makes it to the governor’s desk.

California lawmakers on the US Senate Judiciary Committee on Tuesday pushed ahead with a measure that would require courts to consider whether a parent accepts their child’s gender identity in custody or visitation cases.

“As a mother of a trans child, it is harrowing to know that TGI youth are at higher risk of depression, mental health crisis, self-harm and suicide than their cisgender peers,” said MP Lori Wilson, the drafter of the bill, in a statement. “The TGI Youth Empowerment Act provides an opportunity for California to take a step closer to building a safer, more dignified and just world for TGI youth and their families.”

The bill, Assembly Bill 957, will now go to the Senate, although lawmakers on both sides have concerns about the courts’ interpretation of the measure.

Several senators said in Tuesday’s hearing that they want Wilson to clarify in the bill whether “gender affirmation” simply means accepting and supporting the child’s identity or whether it also includes the provision of gender-affirming health care, including surgeries and medications includes. Others raised concerns about the impact the bill might have on those who practice certain religions.

Lawmakers supporting the measure noted that gender confirmation is not the ultimate requirement for judges to determine which parents will receive custody or how many visits they will receive. They found that a number of other factors are also taken into account in these cases.

Republican Senator Scott Wilk criticized the measure, noting that it only applies to divorce cases for now, but raised concerns that the obligation to confirm the gender of parents could spill over into other sectors of society.

“If you love your children, you need to flee California,” Wilk said.

A full Senate vote would be one of the final hurdles for the bill before it makes it to the governor’s desk.

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