Governor Gavin Newsom signed legislation designating California a sanctuary state for minors seeking gender transitions on Thursday.
The bill, originally introduced in 2021 by Democratic State Senator Scott Wiener, is reportedly designed to protect out-of-state minors seeking gender transition and related medical procedures from authorities enforcing child custody measures including subpoenas and warrants.
The bill further prohibits law enforcement from “making or participating in the arrest or extradition of an individual pursuant to an out-of-state arrest warrant based on another state’s law against providing, receiving, or allowing a child to receive gender-affirming health care or gender-affirming mental health care in this state.”
SB 107 also prohibits health care providers from releasing medical information relating to a person assisting or seeking medical gender transition: “A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary for an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse, or because the child has been unable to obtain gender-affirming health care or gender-affirming mental health care,” according to the bill’s text.
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“SB 107 sends a crystal clear message to the nation that no matter what vile anti-LGBTQ hate laws right-wing politicians think of, California will stand with our community,” said Senator Wiener about the bill.
“In California, we believe in equality and acceptance. We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care,” said the Governor regarding opposing state’s laws seeking to ban medical transitions for minors, according to the Los Angeles Times. “Parents know what’s best for their kids, and they should be able to make decisions around the health of their children without fear. We must take a stand for parental choice.”
The bill would not enforce another state’s laws authorizing the removal of a child from parents or guardian seeking medical transition for the minor.
“If California wanted to provide a refuge for only families that unanimously agree to gender interventions, it did not need to amend the Family Code,” said attorney Erin Friday, citing Family Code section 3421 D, which allows California courts the right to determine initial custody for a child seeking medical gender transition in the state.
“This law entices minors seeking gender interventions against their parents wishes to run away to California … So if parents disagree on whether or not to permit their 14 year old daughter to have her breasts removed and the ascending parent and child arrives in California. California will decide which parent gets custody … We parents know who would win that battle … Pursuant to Family Code 3428: It is not kidnapping if the non custodial parent absconds with the gender confused child to California.”