Sacramento, Calif. (AP) — A new law aims to prevent other states from penalizing children who come to California for transgender surgery and other gender-affirming care, a move that sparked conflict between Democratic Governor Gavin Newsom and other Republican governors. Will do The country’s escalating culture war.
Newsom signed the law Thursday, but it won’t take effect until January. It is designed to prevent Texas and other conservative states from removing children from parents who allow them to receive “gender affirmed” health care, which is defined as “medically necessary health care”. that respects the gender identity of the patient, as experienced and defined by the patient.”
This would include hormone therapy to suppress secondary sexual characteristics and other treatments “to align the patient’s appearance or physical body with the patient’s gender identity.”
The law would prevent out-of-state subpoenas, preventing health providers from sharing information with out-of-state entities related to gender-affirming care. And it would give California courts the right to make an early child custody determination if the child is in California for a motion to receive gender-affirming care.
The law was inspired in part by Texas Republican Governor Greg Abbott, who has treated gender-affirming care as child abuse and ordered an investigation into families allowing it. a Texas judge temporarily blocked The state does so, but the matter is on appeal.
“As many states work to eradicate trans children and criminalize their families, California should always have a pat on their back,” State Sen. Scott Wiener said. “California is forcefully pushing back against the anti-LGBTQ hate that is spreading in some parts of our country. The rainbow wave is real, and it’s coming.”
Wiener said the law has already inspired similar proposals in at least 19 other states. But it is not clear whether the law will survive a challenge in court. The US Constitution in general requires states to give “full faith and credit” to the laws of other states. But it also guarantees the right of people to travel to other states.
“At this time, the interplay between these two constitutional provisions and the constitutionality of the laws of other states has yet to be determined, so it is unclear whether this bill would go against the Constitution,” the legislative staff wrote in the analysis. bill before signing it into law.
Weiner’s office believes the law is constitutional because it does not change the requirement that California recognize valid court decisions issued in other states. He said the law limits California courts from enforcing subpoenas issued by out-of-state courts and protects information about gender-affirming care provided in California. Katie Stewart, a spokeswoman for Wiener’s office, said the law prevents extradition to other states, but only “to the fullest extent permitted by federal law”.
The law continues the plan of California Democrats to push back against laws they don’t like in other conservative states. earlier this week, Newsom signed the laws The US Supreme Court has now reversed Roe v. Wade to make California a sanctuary for women among other states seeking abortion.
Newsom signed the law because he said he was taking a stand for parental choice, saying that “Parents know what’s best for their children, and they should not fear the health of their children.” should be able to make decisions about There is a cry of hypocrisy from some critics, who note that Newsom has ordered all school children to receive the COVID-19 vaccine – an order that has been delayed At least until next summer.
The California Family Council opposed the law. Conservative groups fear the law could be used to lure children into California against their parents’ wishes.
“By signing this extreme bill, Gavin Newsom is telling all parents across the country that he knows what’s best for their children,” said group president Jonathan Keller. “Parents in every state must demand their elected representatives to back down against this. Unconstitutional attack on parental rights.”
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