Failure to Affirm

Penna Dexter

Hundreds of parents showed up recently to oppose a piece of legislation being considered in the California State Senate. The bill pertains to custody battles that involve transgender-identifying children. The version that passed the State Assembly in March requires judges to favor the parent who “affirms” a trans child in his or her gender identity over one who does not.  The bill moved over to the California Senate and recently passed the Senate Judiciary Committee on a party line vote.

Then, the bill’s co-authors upped the ante.

As if the bill’s bias toward the gender-affirming parent were not bad enough, before the vote in the Judiciary Committee, Assemblywoman Lori Wilson — who has a transgender child —and Senator Scott Wiener — who is gay — updated the bill’s language to make parents’ “non-affirmation” of a child’s gender identity a violation of the California Family Code’s standard for the health, safety, and welfare of a child. This means non-affirming parents could be subject to claims of child abuse.

The bill provides no definition of “non-affirming.” In each case, a judge would have to make the determination.

Over 100 California residents testified against AB 957. Only 17 voiced their support.

In her testimony against the bill, attorney Erin Friday said she’s the “mother of a girl who used to believe she was a boy. She said, “AB 957 is the first bill in the nation to codify into law that a parent who does not affirm the gender identity of their child is abusive.” She emphasized the danger, stating, “There is no nuance in this bill.”

Senator Scott Wilk, one of two Republicans on the Judiciary Committee, has served in the Legislature for 11 years and sees it increasingly putting government between parents and children. He says he believes this bill will result in “children being taken away from the home.” He warned parents: “If you love your children, you need to flee California.”