Gov. Gavin Newsom vetoed a bill that would have required judges presiding over custody battles to consider parents' affirmation of a child's gender identity or presentation.
www.latimes.com
Newsom vetoes bill requiring custody hearings consider affirmation of childâs gender identity
By
Jeremy ChildsStaff Writer
Sept. 23, 2023 5 AM PT
California Gov. Gavin Newsom speaks during a Sept.12 interview.
(Rich Pedroncelli / Associated Press)
Gov. Gavin Newsom on Friday vetoed a bill that would have asked judges presiding over custody battles to take into consideration a parentâs support for their childâs gender identity â a culture war flashpoint that has drawn vocal criticism from the right.
Assembly Bill 957 would have adjusted California law to instruct judges to consider, among other factors, a parentâs affirmation of a childâs gender identity or expression when determining custody or visitation rights.
In a message accompanying his veto, Newsom wrote that he appreciated the motivation behind the bill and shared âa deep commitment to advancing the rights of transgender Californians.â
âThat said, I urge caution when the executive and legislative branches of state government attempt to dictate â in prescriptive terms that single out one characteristic â legal standards for the judicial branch to apply,â he wrote. âOther-minded elected officials, in California and other states, could very well use this strategy to diminish the civil rights of vulnerable communities.â
Courts, he added, are already required âto consider a childâs health, safety and welfare when determining the best interests of a child in these proceedings.â
Assemblymember Lori D. Wilson (D-Suisun City), who introduced the bill, said in a statement that she was disappointed with Newsomâs decision to veto.
âIâve been disheartened over the last few years as I watched the rising hate and heard the vitriol towards the trans community,â Wilson said. âMy 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.â
State Sen. Scott Wiener, a principal co-author of the measure, called the veto a âtragedyâ and said the decision stood in contrast to Newsomâs
past advocacy forthe LGBTQ+ community. He said the bill created a modest and commonsense guideline.
âOur job as legislators is to set clear standards for judges to apply and thatâs what we did here,â said Wiener (D-San Francisco).
Some state lawmakers, however, applauded the veto.
âThis is fantastic news and the right call,â Assemblymember Bill Essayli (R-Corona)
wrote on social media.
The bill has drawn criticism and sparked controversy, including among conservatives who claimed it would force parents who do not support their childâs gender identity to give up custody rights.
However, the text of the bill does not specify whether a child needs to be on puberty blockers or have undergone surgery to be affirmed by their parents. Such affirmation, according to the bill, could include a range of actions and be uniquely tailored, as long as it promotes a childâs overall health and well-being.
The bill now returns to the California Legislature. A two-thirds vote in both chambers would be necessary to override Newsomâs veto. The legislation initially passed the Assembly and Senate by margins exceeding that threshold.
Also on Friday, Newsom vetoed Assembly Bill 1306, which would have prohibited the state Department of Corrections and Rehabilitation from providing information regarding the release of an incarcerated noncitizen to U.S. Immigration and Customs Enforcement.
In a veto message, Newsom wrote that he believes âcurrent law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities.â
âHowever, as an administration, we recognize that improvements in this process are important. CDCR will limit how it communicates with ICE as a federal law enforcement agency, so information is only provided to ICE when a non-citizen individual enters prison and is approaching their release date,â he wrote. âICE will determine how it will proceed with its enforcement of federal law.â