Perception of gender identity will not affect custody rights in California

California Governor Gavin Newsom vetoed a bill that would have required judges to determine whether a parent affirms their child’s gender identity when making custody and legal decisions visit.

In announcing his veto Friday evening, Mr. Newsom issued a statement saying he had “a deep commitment to advancing the rights of transgender Californians.”

“That said, I urge caution when the executive and legislative branches of state government attempt to dictate legal standards for the judiciary to enforce,” the governor emphasized.

“Elected officials of differing views in California and other states could very well use this strategy to diminish the civil rights of vulnerable communities. »

The bill would have added gender affirmation to the factors that courts already must consider in custody proceedings, including whether a parent has been abusive and the amount of contact the child has with each parent.

The bill would not have required judges to prioritize whether a parent affirms their child’s gender identity over other factors.

Mr. Newsom noted that existing laws already force courts to consider the health, safety and well-being of the child when determining the criteria for custody in disputes, including the affirmation by the parent of the child’s gender identity.

All Senate Republicans voted against the bill. Senator Kelly Seyarto, who represents Murrieta in Southern California, argued in particular that elected officials interfere too much in the way parents choose to raise their children.

“Adding this factor to the list will pit parents against each other and make things worse,” Mr. Seyarto argued at the time.

The veto comes as intense political battles are taking place across the United States over the rights of transgender people.

Several jurisdictions are attempting to ban gender-affirming care, preventing trans athletes from participating in women’s sports, and attempting to require schools to notify parents if their children ask to change their pronoun or gender. ‘they use at school.

This debate is also taking place in Canada, where policies regarding pronouns in schools in New Brunswick and Saskatchewan have caused a lot of noise in recent weeks.

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