Gavin Newsom vetoes California bill weighing transgender child acceptance in custody disputes

California Gov. Gavin Newsom sparked outrage among LGBTQ lawmakers by vetoing a bill that would have directed judges to consider parents’ acceptance of children’s gender identities in custody disputes.

Newsom announced late Friday he had vetoed Assembly Bill 957 from Assemblywoman Lori Wilson, D-Suisun City, which would have asked judges to weigh parental affirmation of a child’s gender identity or expression along with the young person’s health, safety and welfare when determining visitation and custody arrangements.

“I appreciate the passion and values that led the author to introduce this bill,” Newsom wrote in his veto message. “I share a deep commitment to advancing the rights of transgender Californians, an effort that has guided my decisions through many decades in public office.”

However, the governor expressed concerns about lawmakers creating legal standards “in prescriptive terms that single out one characteristic.”

“Other-minded elected officials, in California and other states, could very well use this strategy to diminish the civil rights of vulnerable communities,” Newsom wrote.

He also said judges are already required to consider parents’ views on a child’s gender identity as part of any judicial evaluation of their health, safety and welfare.

Bill author ‘extremely disappointed’

AB 957 was a deeply personal bill for Wilson, who is the parent of a transgender child. During Assembly floor debate over the bill’s Senate amendments, Wilson became emotional, prompting Assemblywoman Mia Bonta, D-Oakland, to come place a supportive hand on her colleague’s shoulder.

“Gender affirmation looks different for each individual,” Wilson said during the discussion on Sept. 8. “But the primary modality of gender affirmation is family acceptance and social support. We are a part of that social support.”

The Assembly and Senate both passed the bill with large margins, although Republican lawmakers spoke against it.

Wilson said in a statement on Friday she is “extremely disappointed” by Newsom’s veto.

“I know the governor’s record,” she said. “He has been a champion for the LGBTQ+ community for years and even before it was popular to do so. However, on this point, the governor and I disagree on the best way to protect (transgender, gender diverse or intersex) kids.”

Wilson said the intent of AB 957 was “to give (the transgender community) 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.”

“Whether the roadblock comes from the opposition or even a supporter, it only hardens my resolve,” she said. “I’m far from done, this fight is personal!”

Lawmakers react to veto

Newsom’s veto comes at a particularly challenging time for transgender children and their families. School boards around the state — citing a need for parental rights — have instituted rules requiring employees to out transgender students to their families.

Attorney General Rob Bonta took legal action against Chino Valley Unified School District for its forced outing policy, prompting a California judge to put it on hold.

Conservative lawmakers, including Assembly Republican Leader James Gallagher of Yuba City and Assemblyman Bill Essayli, R-Riverside, cheered Newsom’s veto on X, formerly known as Twitter.

“Gavin vetoes #AB957 agreeing with many of the points raised by myself and the opposition,” Gallagher wrote on Friday. “A glimmer of rationality and hope.”

The governor has previously expressed outrage over anti-transgender policies in other states. Newsom in 2022 signed a bill from Sen. Scott Wiener, D-San Francisco, that bars states with anti-LGBTQ policies from taking legal action against parents helping their transgender kids access health care in California.

Wiener on Friday night called Newsom’s veto “a tragedy for trans kids here & around the country.”

“These kids are living in fear, with right wing politicians working to out them, deny them health care, ban them from sports & restrooms & erase their humanity,” Wiener wrote in a post on X. “CA needs to unequivocally stand with these kids.”