The California State Assembly has approved a bill making “gender affirmation” a factor to be considered in child custody cases.
The bill, AB 957, passed on Friday by a vote of 57-16, was previously approved by the California Senate with a vote of 30-9.
Under the proposed law, parents, who fail to acknowledge and support their child’s “gender change”, could face potential consequences, including the loss of custody rights to another parent or even the state itself.
The bill’s supporters argue that it is in the best interest of children, aiming to create a “more inclusive” and affirming environment for “gender-diverse” youth.
The bill, initially introduced by Democratic Assembly member Lori D. Wilson on February 24, underwent amendments in the Assembly on March 13 and further modifications in the Senate on June 5 before its final approval.
Democratic lawmakers, who championed the bill, claimed that it is a necessary step to ensure the well-being of transgender and “gender-diverse” children. They argue that judges already possess discretion in considering “gender affirmation”, but formalising it in law provides clear guidance for judges to follow.
Republican opposition has voiced concerns, stating that this legislation could infringe upon parental rights and autonomy. Critics contend that it could lead to situations where parents are penalised for not conforming to a child’s “gender change”, which they view as government overreach.
California Governor Gavin Newsom, a Democrat, is expected to sign the bill into law