California is now first-in-the-nation to create a safe haven for transgender children seeking gender-affirming healthcare from being persecuted by conservative states.
Gov. Gavin Newsom signed Senate Bill 107, authored by Sen. Scott Wiener (D-San Francisco), to offer refuge to trans kids and their families who are criminalized in their home state for receiving gender-affirming care. Gov. Newsom also signed SB 923, which makes California the first state to require training and professional standards for healthcare providers treating transgender, gender diverse, and intersex (TGI) patients.
“California is setting groundbreaking standards to help us create a better, more culturally competent healthcare system for trans, gender diverse and intersex people. No one should have to educate a doctor in order to get the care they need. Thank you Governor Newsom for being an ally to the TGI community,” Wiener said.
The bill comes after Texas Gov. Gregg Abbot called gender-affirming care “child abuse”, and issued an executive order in February to make it illegal for parents to allow their trans kids to receive gender-affirming care. Parents who violate this Texas law would have their children taken away and be sent to prison.
Parents and Physicians in Alabama may face a 10-year prison sentence for providing gender-affirming care to children, and in Florida, Governor Ron DeSantis signed the “Don’t Say Gay” law, banning discussions about gender identity and sexual orientation from public school classrooms.
Newsom said he signed the law because “parents know what's best for their kids, and they should be able to make decisions around the health of their children without fear.”
"States across the country are passing laws to demonize the transgender community, especially transgender youth and their parents," Newsom wrote in a statement. "The hate demonstrated by these laws is unfathomable and has contributed to soaring suicide rates."
Under SB 107, out-of-state subpoenas will be prohibited and stop healthcare providers from sharing information with out-of-state entities related to gender-affirming care.
“While many providers work hard to treat TGI people with respect, going to the doctor should not mean facing additional discrimination or unnecessary hardship. No one should go to a doctor’s appointment only to be misgendered, harassed, or even refused treatment. These traumatizing experiences keep people away from the doctor, and prevent them from receiving the care they need,” Weiner said.
According to the National Center for Transgender Equality, one-third of all transgender individuals who saw a healthcare professional in 2014 had at least one negative experience related to being transgender, with even higher rates for people of color and people with disabilities.
A statement from Sen. Wiener's office reads:
"TGI people should have access to positive healthcare experiences. This includes seeing providers who are able to give them the care they need in a non-judgmental and supportive environment, and being able to search for providers who provide gender-affirming services (gender-affirming services include but are not limited to: chest reconstruction, mastectomy, facial feminization surgery, hysterectomy, voice masculinization or feminization, hormone therapy related to gender dysphoria or intersex conditions, gender-affirming gynecological care, or voice therapy related to gender dysphoria or intersex conditions). Gender-affirming care is critically important health care, and anyone who needs it should be able to find and access it."
