California Considers Bill Punishing Parental Gender Non-Compliance

The state of California passed the nation’s strictest bill relating to parental ability to prevent gender change surgery and identity. A bill currently in the state legislature would put parents that did not ‘affirm’ their children’s “gender identity” at a disadvantage in custody disputes.

The bill’s official summary includes “a parent’s affirmation of the child’s gender identity as part of the health, safety and welfare of the child.”

The revision of the state Family Code would place such ‘gender affirmation’ as a consideration for courts on the level of abuse and drug addiction.

State Sen. Scott Wiener (D-CA), who co-authored the bill, has courted controversy in the past. He previously introduced a bill that would declare California a “sanctuary state” for gender changes for minors.

The bill was signed by California Gov. Gavin Newsom (D) last year.

The bill prohibits health care providers from releasing information regarding such gender change treatments “in response to a criminal or civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental care.” 

The law also forbids California officials from enforcing other states’ provisions regarding custody of children “based on that parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care.”

A number of states and countries have barred gender change treatment for children. Last year, Sweden barred gender change hormone treatments for youths. 

Earlier this month Texas barred such treatments for minors. Texas Gov. Greg Abbott (R) signed SB 14 into law, which takes effect Sept. 1. The ACLU vowed to fight the new law in court.

Last month, Florida Gov. Ron DeSantis (R) signed a bill into law that barred gender change treatments for minors in the Sunshine State. Portions of the law were recently blocked by a federal judge. 

“Gender identity is real,” the judge included in his decision. 

The judge also wrote that the ban was not a “legitimate state interest.”