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California custody cases will now consider child’s gender identity

  • The new law says judges must consider parental support for a child's gender
  • Supporters say it is a preventative measure to protect transgender kids
  • Opponents say it is a violation of parental rights and freedom of speech

A transgender flag being waved at LGBTQ gay pride march.

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(NewsNation) — A California law will require parent’s acceptance of their child’s gender identity to be included in the factors judges consider when deciding custody cases.

The law was introduced by lawmaker Lori Wilson, who has a transgender child. Supporters of the bill say it is a preventative measure to keep trans kids safe.

Opponents of the legislation argue it violates parent’s rights and could be challenged on the basis of the 14th Amendment right to privacy, and the First Amendment because it violates parent’s freedom of speech and religion.

Parents protested in Sacramento, California, over the summer when the bill was being considered. Some fear the legislation could be weaponized and parents could face charges of child abuse if they did not use their child’s preferred name and pronouns.

Transgender youth experience suicide, homelessness and abuse more than their cisgender counterparts. Data shows more than 50% of transgender and non-binary young adults have considered suicide. Trans and non-binary youth also face homelessness at higher rates, and data shows 73% of transgender adolescents experienced psychological abuse and 39% physical abuse in the home.

The bill does not specify what affirmation or acceptance looks like or require parents to allow kids to go through medical transitions or surgery, which require parental consent for minors. Other examples of gender affirmation, according to Wilson, could include things like allowing children to play with toys they prefer, allowing them to paint their nails or wear their hair at a length they feel comfortable with.

Judges are not required to give parental acceptance of gender identity any higher priority than other factors they use when determining custody cases. Judges also consider the child’s general health and welfare as well as how much contact children have with each parent when deciding custody cases.

Gov. Gavin Newsom is expected to sign the legislation into law.

LGBTQ

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