On Aug. 31, the California state Senate passed a bill that would allow courts in California to take custody of minors from out of state who come to the Golden State seeking gender transition surgeries and cross-sex hormones, even if these actions go against the wishes of the minors’ parents.
Legal experts and children’s advocates warn that the measure, which awaits Democratic Gov. Gavin Newsom’s signature to become law, is almost certainly unconstitutional, would cause severe harm to the health and well-being of children, and would egregiously violate parental custody rights.
The bill, SB 107, was put forward by state Sen. Scott Wiener, D-San Francisco, and was passed with “overwhelming Democratic support.” Wiener has justified the measure because of laws passed in states that bar minors who identify as transgender from taking cross-sex hormones and undergoing surgeries to remove healthy organs, which he characterizes as “brutal attacks on transgender children.”
However, the American College of Pediatricians has pointed out that 85% of minors who suffer from gender confusion have their feelings resolved by adulthood, and studies show that undergoing gender-transition surgeries and using puberty-blocking hormones can lead to increased depression and suicide.
Meanwhile, a host of legal experts have expressed grave concerns about the bill’s legality and consequences for children and parental rights.
“SB 107 is one of the gravest threats to parental rights in recent years,” said Jonathan Keller, president of California Family Council. “If Gov. Newsom foolishly signs this measure, California should brace for lawsuits. Other states’ attorneys general will not sit idly by as California steals children from parents who don’t want them sterilized with these trans-treatments.”
The Alliance Defending Freedom, a law firm specializing in religious freedom protections, expressed additional concerns over SB 107’s custody-law issues.
“SB 107 violates parental rights protected by the U.S. Constitution by giving California courts the ability to strip parents who reside in another state of their parental rights if their child travels to California to obtain gender transition procedures,” it stated in a memo.
It went on to note that the bill “would override the jurisdiction of courts in a family’s home state that are usually the proper forum for custody determinations. SB 107 could also conflict with various federal laws, including those governing which state courts have jurisdiction to determine child custody and federal laws governing extradition requirements between the states.”
The bill raises further questions about who precisely in California would take care of out-of-state minors that would, in the bill’s words, be under “temporary emergency jurisdiction” of the state.
Jennifer Bauwens has firsthand experience with California’s foster care system, where she formerly provided counseling and therapy for children through a Christian foster care agency in the state.
“What’s happening [in California] is kind of akin to these other states saying that they are sanctuary states for immigration,” she told The Washington Stand. “They want the political kudos, but when it comes to actually serving the people, they don’t have the chops to do it, and they realize what a hot mess it is.” (Daily Signal)
