Newsom Signs Bill Making California ‘Sanctuary’ for Child Gender Transition
On Thursday, California governor Gavin Newsom signed legislation that would facilitate child gender-transition tourism from other states.
The bill, spearheaded by Democratic state senator Scott Wiener, aims to make California a “sanctuary state” for out-of-state children to receive so-called gender-affirming surgery and hormone therapy without the knowledge or consent of their parents. The bill includes a number of provisions designed to insulate residents of red states that have banned child gender-transition from prosecution.
It prohibits California courts and lawyers from enforcing subpoenas imposed by other states demanding that healthcare providers disclose when they perform such medical procedures on minors.
Wiener has been behind multiple lawmaking efforts in the state to undermine parental rights. In January, he pitched a bill that would allow minors to be vaccinated without parental permission.
Under the gender-transition law, California courts will have “temporary emergency jurisdiction” over any child and the person who accompanied the child to California to obtain the invasive medical interventions.
California’s law enforcement vows to treat any potential out-of-state arrest warrant issued for violating laws against child gender transitioning with “the lowest law enforcement priority,” according to the bill.
“California law enforcement agencies shall not knowingly make or participate in the arrest or participate in any extradition of an individual pursuant to an out-of-state arrest warrant for violation of another state’s law against providing, receiving, or allowing a child to receive gender-affirming health care and gender-affirming mental health care in this state, if that care is lawful under the laws of this state, to the fullest extent permitted by federal law,” the law reads.
In his signing message, Newsom claimed the legislation would empower parents by giving them “choice” rather than effectively strip custody from them, as many Republicans have alleged.
“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,” Newsom said. “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.” He also claimed that Republican-controlled states that have limited or outlawed sex-change surgeries for children in order “demonize” people who identify as LGBT.
A severability clause, which would allow the remainder of the bill to apply even if some provisions are held to be illegal or otherwise unenforceable, was included in an amendment at the last minute, according to the Los Angeles Times, because of doubts about the bill’s constitutionality.
Wiener admitted to the publication that proponents of the bill aimed to push the bounds of what is permissible under the Constitution, adding that California should not serve as “an arm of law enforcement of the states of Texas or Alabama.”
“We may have limits under the U.S. Constitution, but we are going to go right up to the edge of what we’re able to do to protect them and say, ‘Unless we are absolutely forced to send you back, we are not going to send you back,’” he said of child arrivals to California, and their guardians, seeking transition ‘treatment.’