California Bill Amendment Raises Concerns Among Critics Regarding Parental Responsibility for Gender Affirmation

A recently amended California state bill, AB 957, is causing controversy due to its potential implications for parents involved in custody battles. Critics argue that the bill could lead to accusations of child abuse if parents fail to affirm their children’s gender identities. Initially, the bill proposed that courts consider the level of affirmation each parent provides for their child’s gender during custody cases. It was passed by the State Assembly on May 3. However, the amendment expands the definition of parental responsibility for child welfare, stating that parents must affirm their child’s gender identity in order to be considered suitable providers for “the health, safety, and welfare of the child” in a court of law. Detractors of the bill worry that it could establish a legal precedent where any refusal to affirm a child’s gender identity is deemed as child abuse. If the amended bill becomes law, parents who do not meet this new standard of health and safety may be held accountable for child abuse, potentially resulting in the removal of their children from their homes. AB 957 was introduced by Democratic Assembly member Lori Wilson and State Senator Scott Weiner in February. Senator Weiner also advocated for a separate bill that requires foster parents to affirm the gender identities of the children in their care. In 2022, Senator Weiner introduced SB 107, which aims to make California a safe haven for LGBTQ children to undergo sex changes without parental consent. After passing the State Assembly, the bill was introduced to the State Senate and was amended on June 6. Consequently, the bill’s provisions would modify the California Family Code by including gender identity affirmation as a legal standard that parents must satisfy to be recognized as adequately providing for their child’s “health, safety, and welfare.” As a result of this amendment, in custody disputes, if parents deny their child’s gender identity, state courts would have the power, under Section 3011 of California’s Family Code, to remove the child from their custody. Conservative publication The Daily Signal warned that by incorporating gender affirmation into standards of children’s health and well-being, the state may face allegations of child abuse from parents who do not accept their children as transgender. A hearing on AB 957 is scheduled to take place in the state Senate on June 13.