A new California bill would require judges to consider if a parent affirms their child’s gender identity in custody disputes, a move that legal experts say could disadvantage parents who have religious or other objections on how to treat their children’s gender identity crisis.
The Democrat-led California General Assembly and Senate last week passed Assembly Bill 957, known as the Transgender, Gender-Diverse, and Intersex Youth Empowerment Act. Gov. Gavin Newsom, a Democrat, is expected to sign it into law by its Oct. 14 deadline.
What’s more, the legislation could face a 14th Amendment challenge based on fundamental parental and privacy rights and a First Amendment challenge based on a parent’s religious beliefs and the right to speak freely, she said. The legislation was sponsored by Assemblywoman Lori D. Wilson, a Suisun City Democrat who has a transgender son. Her proposal aims to combat depression, addiction and suicide in transgender youth, she said.
But Matt Sharp, senior counsel at Alliance Defending Freedom, said the bill would put parental and First Amendment rights at stake. He said he’s unaware of any other state imposing such a requirement for judges to consider during custody proceedings. Elizabeth Kirk, a law professor at The Catholic University of America, said generally evaluating the best interest of the child is a broad task undertaken by a judge. However, the California bill is different in that it says a judge must consider if a parent affirms a child’s gender.
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