Calif. Bill: Parents Could Lose Custody of Their Child for Not ‘Affirming’ Trans Identity
Christian and conservative groups are sounding the alarm on a California bill that would rewrite child custody laws to favor a parent who “affirms” the identity of a transgender-identifying child.
The bill, AB957, would amend state law so that courts would consider a parent’s stance on transgenderism when deciding what is in the child’s best interest. The bill, if passed and signed into law, would apply to child custody battles, such as those following a divorce.
“In making a determination of the best interests of the child,” a court shall consider “the health, safety, and welfare of the child,” the bill reads.
“As used in this paragraph, the health, safety, and welfare of the child includes a parent’s affirmation of the child’s gender identity,” the bill says.
California state Assemblywoman Lori Wilson, who has a trans-identifying child, is the bill’s sponsor. A slightly different version of the bill passed the Assembly in March.
When a parent does not affirm a child’s trans identity, she said, “you’re essentially rejecting your child.”
“And that is not in the best interests of a child,” Wilson said. “We should be affirming our children in every possible way and getting them whatever appropriate care they need, whether it’s based on their gender, whether it’s based on how their studies are in school – it doesn’t matter, our children should be affirmed. And this is saying that you have to include gender affirmation as a part of that.”
Under California’s AB957, a parent could lose custody for not “affirming” whatever their child believes about their gender. Here, the bill author defends this bill, using an example of a 7-year-old who announces their gender doesn’t match their sex.pic.twitter.com/5iLP0H7Rb6
— Laura Powell (@LauraPowellEsq) June 9, 2023
Christian and conservative groups, though, say the bill violates parental rights.
“This is one of [the] worst bills California has ever introduced,” said Greg Burt of the California Family Council. “If you believe biology determines the sex of your child, they’re gonna take your kids from you if they identify as transgender. It’s that simple.”
This is one of worst bills California has ever introduced. If you believe biology determines the sex of your child, they’re gonna take your kids from you if they identify as transgender. It’s that simple. https://t.co/VJdl3CHXPC
— Greg Burt (@gregburt10) June 10, 2023
Wesley J. Smith, a senior fellow at the Discovery Institute’s Center on Human Exceptionalism, said the bill could have a far-reaching impact.
“This means that parents in custody fights will have a material incentive to support affirmation as a means of gaining custody and judges will have to give priority to that issue when weighing and balancing the social factors that always are part of such cases,” Smith wrote at National Review. “In this regard, it is worth remembering that California law already declared CA to be a transgender sanctuary state. If another state court grants custody to a parent refusing gender affirmation and the other parent kidnaps the kid and brings him or her to California, the state’s courts cannot enforce the original decision – as would be true in most such similar circumstances.”
Photo courtesy: ©Getty Images/Matthew Starling
Michael Foust has covered the intersection of faith and news for 20 years. His stories have appeared in Baptist Press, Christianity Today, The Christian Post, the Leaf-Chronicle, the Toronto Star and the Knoxville News-Sentinel.
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