Gov. Gavin Newsom (D-CA) vetoed a bill late on Friday evening that would have required judges to consider whether parents affirm their child’s gender identity when deciding custody cases, a move that is out of step his liberal history on transgender issues.
“I appreciate the passion and values that led the author to introduce this bill,” said Newsom in his veto message. “That said, I urge caution when the Executive and Legislative branches of state government attempt to dictate — in prescriptive terms that single out one characteristic — legal standards for the Judicial branch to apply.”
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The proposed law, AB 957, initially only proposed that courts must take parental affirmation of gender identity into account, but an amendment was added in June that made affirmation of the child’s gender identity a part of determining the “health, safety, and welfare of the child.”
Newsom said in his veto message that he has a “deep commitment to advancing the rights of transgender Californians,” which has guided him through office.
the governor said he was concerned that imposing gender identity ideology through the legal system could spur “other-minded elected officials, in California and other states [to] use this strategy to diminish the civil rights of vulnerable communities.”
He also argued state law already requires judges take into account “the parent’s affirmation of the child’s gender identity” when considering the a “child’s health, safety and welfare when determining the best interests of a child in these proceedings.”
Newsom has a long slate of transgender bills on sitting on his desk, though he only took action on AB 957 Friday. His late-night veto, which flew under the radar at the end of a week dominated by failed budget negotiations in Washington, allowed the governor to couch his dissent in a flurry of activity.
While Newsom has insisted he is not preparing to challenge President Joe Biden next year, the governor is widely expected to run for president in 2028 at the latest. And he could use his dissenting position on AB 957 as a way to signal to voters outside of California that he is capable of standing up to his own party on questions about sex and gender.
Author of the bill, Lori Wilson (D-CA) said that she was “extremely disappointed” in the Governor’s veto.
My Statement on Governor Newsom’s Veto of AB 957 pic.twitter.com/bK1JhrW27z
— Assemblywoman Lori D. Wilson (@AsmLoriDWilson) September 23, 2023
“The governor and I diagree on the best way to protect TGI kids,” said Wilson. “My intent with this bill was to give them a voice, particularly in the family court system where a non-affirming parent could have a detrimental impact on the mental health and well-being of a child.”
Wilson pointed out in her message that the veto runs counter to Newsom’s track record on transgender issues.
Newsom in 2020 signed a bill allowing transgender inmates to be placed in prison according to their gender identity and appointed the first openly transgender judge to the California bench this March.
On youth transgender issues, the California governor last year signed a bill offering legal refuge to transgender minors, offering asylum to those who are “being criminalized in their home states” with respect to legal bans on gender transition medicine for minors.
Newsom said at the time that Californians “believe in equality an acceptance” and that “no one should be prosecuted or persecuted for getting the care they need …. Parents know what’s best for their kids, and they should be able to make decisions around the health of their children without fear.”
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Wilson says she is undeterred by Newsom’s veto despite his prior record on transgender issues.
“Whether the roadblock comes from the opposition or even a supporter, it only hardened my resolve” said Wilson in response to Friday’s veto. “I’m far from done, this fight is personal!”
