California becomes a transgender refuge state

Governor Gavin Newsom, D, signed SB107 into law that sponsors contend makes California a transgender refuge state. The bill is a countermeasure to laws in Texas, Idaho, Louisiana and Arizona that penalize parents and physicians for allowing or performing sex change procedures on minors. 

“As so many states work to erase trans kids and criminalize their families, California must always have their backs,” State Sen. Scott Wiener, D, said in a statement.

For instance, in February, Gov. Greg Abbott, R-Texas, instructed the state’s Department of Family and Protective Services to investigate any reported instances of abusive procedures. The directive came after Texas Attorney General Ken Paxton wrote a legal opinion that stated sex change procedures can legally constitute child abuse under Texas Family Code.

SB107 prohibits state law enforcement from cooperating with any out-of-state agency regarding gender-affirming care performed in California. That includes subpoenas, arrests and extraditions. Supporters say it will allow minors to come to California for gender affirming procedures and not have to worry about law enforcement in their home state trying to take action against them or their parents.

“California welcomes them, and that Californians continue to have the right to control their bodies and to live their lives authentically,” Tami Martin, Legislative Director for Equality California said.

Opponents argued the bill is unconstitutional and violates parental rights. They also said it does not take into account the possibility of children running away from their parents for care or another adult bringing them for care against a parent’s wishes.

“This law codifies kidnapping and offers protections to a non-custodial parent who absconds with a child to California in order to get gender interventions in contravention of an out-of-state order or the custodial parent’s wishes,” Attorney Erin Friday, the mother of someone who formerly identified as trans said.

But the bill’s author took issue with that argument.

“This whole notion of kidnapping, I think that is a wild exaggeration. These are families that are literally fleeing the possibility of being put in prison for ten years. Parents being put in prison for ten years because they allowed their child to have healthcare,” Sen. Wiener said.

At least 19 other states have introduced similar legislation. The California law takes effect Jan. 1, 2023.