“We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care,” California Gov. Gavin Newsom said in a statement after signing the bill.
The bill Newsom signed is intended to protect families and children like those from prosecution in their home states if they travel to California for gender-affirming care or if they move to California after already receiving transition-related care elsewhere.
“We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care,” Newsom said in a statement after signing the measure. “With the signing of this bill, California will ensure that these kids and their families can seek and obtain the medical and mental health care that they need.”
The legislation includes a variety of provisions that are meant to help protect families and trans kids. It prohibits California health care providers from releasing medical information in relation to other states’ laws prohibiting gender-affirming care for minors.
The bill also authorizes a California court to take temporary emergency jurisdiction when a child hasn’t been able to receive gender-affirming health care elsewhere, which some on social media interpreted to mean that California courts will be able to take custody of children if they flee their home states because their parents don’t want to provide them with gender-affirming care.
But that isn’t accurate, according to Asaf Orr, a senior staff attorney and Transgender Youth Project director at the National Center for Lesbian Rights. Orr said that portion of the bill is related to a court’s“State courts around the country have the authority to consider whether to retain jurisdiction over a custody matter involving a child who recently came into the state,” Orr. “This typically occurs in instances of domestic violence or other crisis situations.
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