On Friday, Governor Gavin Newsom vetoed a bill that would remove children from their parent’s custody who do not “affirm” their child’s gender identity or gender expression—when weighing child custody disputes.
Assembly Bill 957 passed the State Assembly on September 8 in a 61-16 vote while I passed the state Senate on Sept. 6 in a 30-9 vote.
Assemblywoman Lori Wilson (D-Suisun City) introduced the gender affirming bill stating it was a bill to protect the TGI (Transgender, Gender-Diverse, and Intersex) community and the act was deemed the Youth Empowerment Act. She said AB 957 centers the health, safety, and welfare of a child by recognizing that a parent’s affirmation is a crucial protective factor in combating depression, substance abuse, and suicide.
Veto Message:
To the Members of the California State Assembly:
I am returning Assembly Bill 957 without my signature.
This legislation would require a court, when determining the best interests of a child in a child custody or visitation proceeding, to consider, among other comprehensive factors, a parent’s affirmation of the child’s gender identity or gender expression.
I appreciate the passion and values that led the author to introduce this bill. I share a deep commitment to advancing the rights of transgender Californians, an effort that has guided my decisions through many decades in public office .
That said, I urge caution when the Executive and Legislative branches of state government attempt to dictate – in prescriptive terms that single out one characteristic – legal standards for the Judicial branch to apply. Other-minded elected officials, in California and other states, could very well use this strategy
to diminish the civil rights of vulnerable communities.
Moreover, a court, under existing law, is required to consider a child’s health, safety, and welfare when determining the best interests of a child in these proceedings, including the parent’s affirmation of the child’s gender identity.
For these reasons, I cannot sign this bill.
Sincerely,
Gavin Newsom
Wilson issued the following statement on the gender affirming after receiving the Governors veto:
“I am extremely disappointed. I know the Governor’s record. He has been a champion for the LGBTQ+ community for years and even before it was popular to do so. However, on this point, the Governor and I disagree on the best way to protect TGI kids. I’ve been disheartened over the last few years as I watched the rising hate and heard the vitriol towards the trans community. My intent with this bill was to give them a voice, particularly in the family court system where a non-affirming parent could have a detrimental impact on the mental health and well-being of a child. Whether the roadblock comes from the opposition or even a supporter, it only hardens my resolve. I’m far from done, this fight is personal! Not just for my family, but to all the trans kids that deserve a brighter and safer future.” – Lori Wilson
AB 957 was co-sponsored by the Women’s Foundation of California, Equality California, TransYouth Liberation, Los Angeles LGBT Center, TransFamily Support Services, Gender Justice Los Angeles, the EmpowerTHEM Collective and the California TGI Policy Alliance.
Editors Note per the bill – This bill, for purposes of this provision, would include a parent’s affirmation of the child’s gender identity or gender expression as part of the health, safety, and welfare of the child.
3011.
(a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:
(1) (A) The health, safety, and welfare of the child.
(B) As used in this paragraph, the health, safety, and welfare of the child includes, among other comprehensive factors, a parent’s affirmation of the child’s gender identity or gender expression. Affirmation includes a range of actions and will be unique for each child, but in every case must promote the child’s overall health and well-being.
Previous stories on the Gender Affirming Bill:
- Sept. 9 – Legislation to Protect TGI Youth Heads to Governor’s Desk
- June 13 – California Senate Judiciary Committee Advances Bill to Protect TGI Youth
- March 31 – California Assembly Judiciary Committee Advances Bill to Protect TGI Youth
