California 'sanctuary state' law for 'trans kids' takes effect

"No questions asked, no real mental health assessment, minimal diagnosis, and no parental consent. So long as the minor child can get to California, she can order up any kind of irreversible treatment," said Erin Friday.

Joshua Young North Carolina

On Sunday, a bill that designates California as a sanctuary for teens and children who want medicalized gender transitions, went into effect.

On Saturday, state Senator Scott Wiener, who originally brought the bill forward, tweeted, "Tonight at midnight, SB 107 goes into effect & California officially becomes a state of refuge for trans kids & their families. As red states pursue 100s of laws criminalizing LGBTQ people — with incitement to violence all too common — CA stands strong as a beacon of hope."

California Governor Gavin Newsom signed the legislation, which is titled simply, "Gender-affirming health care," into law on September 30. 

Wiener originated the bill in January of 2021 and it passed the California legislature over the summer. Weiner has also brought forward bills that relaxes laws for the sex offender registry, puts biological males in women's prisons, and has worked to decriminalize those who infect others with HIV after not telling them of their positive status. Weiner also supports public heroin injection sites and decriminalizing prostitution.

The law allows individual minors, or minors with their family, to be unencumbered from out-of-state authorities who have warrants, subpoenas, or other child custody jurisprudence so long as the minor is now in California looking for a prescription of cross-sex hormones or surgical gender reassignment.

The law also prohibits, law enforcement agencies from "making, or intentionally participating in, the arrest of an individual pursuant to an out-of-state arrest warrant based on another state's law against receiving or allowing a child to receive gender-affirming health care."

"A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary for an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse, or because the child has been unable to obtain gender-affirming health care or gender-affirming mental health care," the law states.

The law also says California will not honor "A law of another state that authorizes a state agency to remove a child from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care" if a case is pending in the courts of California.

When Newsom signed the bill he said, "In California, we believe in equality and acceptance. We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care."

Before it became law, the bill came under fire from opponents, including Chloe Cole, who has de-transitioned after receiving a double masectomy as a minor.

Erin Friday, a California mother and attorney, also spoke against the bill and said the law "makes California the refuge for all children who want to get access to any kind of gender interventions."

"No questions asked, no real mental health assessment, minimal diagnosis, and no parental consent. So long as the minor child can get to California, she can order up any kind of irreversible treatment," she added.


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