A bill is advancing in the California Legislature for judges to consider a parents’ affirmation of their child’s gender identity as a piece of criteria during custody disputes.


What You Need To Know

  • Assembly member Lori Wilson says she introduced AB 957 to make sure transgender kids are represented in family court

  • AB 957 would require judges to consider whether a parent affirms their child’s gender along with many other factors that are in the best interest of children when determining custody for parents

  • This bill has been met with strong opposition from parents’ rights groups who feel this is an attempt by lawmakers to limit parents’ involvement with their child’s health care

  • AB 957 passed out of the Senate Judiciary hearing 9-2, with the two Republican senators voting "no"

Assembly member Lori Wilson authored Assembly bill 957. Wilson, who is the mother of a transgender child, says her bill is about making sure TGI (transgender, gender-diverse, intersex) kids are represented in family court.

“Really, what I’m talking about is that it’s important for children when they’re in the home to have a safe and loving environment," Wilson said. "It’s also important for children to be affirmed in their identity, to be emotionally supported."

AB 957 would require judges to consider whether a parent affirms their child’s gender along with many other factors that are in the best interest of children when determining custody for parents.

This bill has been met with strong opposition from parents’ rights groups who feel this is an attempt by lawmakers to limit parents’ involvement with their child’s health care.

“It’s weaponizing children in the family court," said Harrison Tinsley, one of the parents who recently testified in opposition of the bill at a recent hearing in the Senate Judiciary Committee. "I’m a single dad of a 3-year-old here in California, where gender has been involved in the family court, so I see first-hand how this bill could damage families and damage children."

Wilson says a lot of misinformation has been spread about her bill, including the claim this bill would charge parents with child abuse if they don’t affirm their child’s gender — which Wilson emphasized is false.

“It doesn’t label a parent who is non affirming to a child or even antagonistic to a child as abusive at all because that is not in this section of the bill either," he said. "It doesn’t bring CPS in because CPS doesn’t deal with this section of the law."

While AB 957 doesn’t specifically mention anything about gender affirming medical care, many people who oppose the measure see that as an implied function of affirming a child’s gender.

“As written, this is going to favor a parent who wishes to transition their kid over a parent who doesn’t,” Assembly member Bill Essayli said. “So we’re talking about giving those decision-making powers to one parent over another. And in that dispute, this is where the government is stepping in and saying, 'If there’s two parents, and one wants to affirm and one doesn’t, the person who wants to affirm is going to get custody and control over the child.'"

Wilson says her bill is based on recommendations from leading health organizations such as the American Academy of Pediatrics, which found affirming a child’s gender impacts their health and well-being.

AB 957 passed out of the Senate Judiciary hearing 9-2, with the two Republican senators voting "no."

The bill will now be voted on the Senate floor to go back to the Assembly for a final vote before it can land on the governor’s desk.

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