California could soon require judges to consider whether a parent affirms their child’s gender identity when making custody and visitation decisions under a bill that cleared the state Senate on Wednesday.
The vote was split almost entirely along party lines, with Democrats arguing the legislation would help to protect the well-being of LGBTQ+ children whose parents are going through a divorce. Democratic Sen. Scott Wiener, who represents San Francisco, said the bill was a proactive measure.
“Inserting this into the mix is going to pit one parent against the other and make things worse,” Seyarto said. The bill would not require judges to prioritize whether a parent affirms their child’s gender identity over other factors. What affirmation looks like varies depending on the particular child and their age, said Assemblymember Lori Wilson, a Democrat who introduced the bill. She has an adult son who came out as transgender when he was a teenager.
It was one of several bills that lawmakers introduced this year aimed at protecting LGBTQ+ children. The state Senate also approved legislation Wednesday to keep documents related to a gender change petition for a minor out of the public record. To be successful, 33 states would have to pass resolutions asking Congress to call a constitutional convention. California could be the first state to do that. The state Senate passed the resolution, and it now heads to the Assembly.
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