California’s New Legislation – Risk of Losing Custody for Non-Affirming Parents of Transgender Children

California has passed more legislation to protect LGBTQ+ children. Parents who disagree with their child’s gender identity could risk losing custody. Here’s the whole story. 

Parents Must Affirm Child’s Gender Identity

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The California State Assembly recently passed legislation requiring judges in child custody cases to consider whether or not each parent has affirmed a child’s belief that they are transgender. 

Empowerment Act

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The title of the new legislation is the “Transgender, Gender-Diverse, and Intersex Youth Empowerment Act.” 


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Before the new legislation was passed, it was amended to include the state’s “parental responsibility” standard regarding a child’s welfare.

Parents Deemed Fit

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According to the state of California, for a parent to be deemed fit to provide for “the health, safety, and welfare” of a child, the parent must “be affirming of a child’s gender identity.”

Parents Could Lose Custody

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Democratic Governor Gavin Newsom is expected to sign the bill into law. When he does, parents who choose not to recognize the gender their child wishes to go by could lose custody of their child to another parent or the state. 

Aiming to Create a More Inclusive Environment

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Supporters of the bill say that it is in the “best interest of the children” and that it “aims to create a more inclusive and affirming environment for gender-diverse youth.”

The Left Is Trying to Make Parents Less Important

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Republican presidential candidate Tim Scott called the new legislation “evil.” He said the “radical Left” was “on a mission to make parents less important.” 

Promise to Fight Back

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Scott promised to “fight back, put parents back in charge, and protect the next generation of children from this absurdity.”

Ensures the Well-Being of Transgender Children

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Democratic lawmakers who created the bill say it is “necessary” to ensure the well-being of transgender and gender-diverse children. 

More Clear Guidance

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The lawmakers who created the bill argued that judges “already possess discretion in considering gender affirmation,” but the law will provide more precise guidance for them to follow. 

Concerns About the Bill

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Republicans have raised concerns about the new legislation, saying it “infringes upon parental rights and autonomy.”

Government Overreach

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Critics call the new legislation “government overreach” and worry about parents being “penalized” for not conforming to their child’s gender transition.  

The Author of the Bill Speaks Out

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The bill’s author, Lori Wilson, argued that parents “typically support their children, especially when their gender identity aligns with their biological gender.” However, Wilson said that when there’s a “mismatch between the two,” parental support tends to decrease.

Parents Should Support Their Children

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Wilson said a parent’s job and responsibility is to “support their children, regardless of their gender identity.”

“Utter Madness”

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Elon Musk, who lives in California, called the new legislation “utter madness.” His concern was that the bill was “deceptive.”

Elon Musk Disagrees

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According to Musk, the bill implies that if a parent disagrees with their child regarding a medical procedure such as sterilization, the parent could risk losing custody. Musk said he “strongly disagreed” with this idea. 

“Legislated Evil”

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Public Square CEO Michael Seifert also disagreed with the decision and called it “legislated evil.” In his post online, Seifert also said he was “glad” to have moved away from California.

Seifert said, “I don’t even recognize my former home anymore.”

Different Approach

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Another CEO, Seth Dillon, suggested a different approach. He said the focus should be on parents who “affirm their child’s mistaken gender identity.” According to Dillon, these are the parents who should lose custody. 

Protection for LGBTQ+ Children

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California lawmakers continue to protect and safeguard the well-being of LGBTQ+ children.

The California Senate also recently passed legislation that allows schools to withhold information from parents regarding their child’s gender identity. 

Too Involved

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One X user commented, “No state should be that involved in someone’s childhood.”

It Takes a Village

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Another user said, “It may take a village [to raise children], but the parents get to choose their village!”

Human Rights

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Other users praised the bill, saying it was about “human rights,” but one person suggested parents could abuse the new law. This person thought a parent could tell their child to say they were trans “just to get custody.”

The post California’s New Legislation – Risk of Losing Custody for Non-Affirming Parents of Transgender Children first appeared on Wealthy Living.

Featured Image Credit: Shutterstock / fizkes. The people shown in the images are for illustrative purposes only, not the actual people featured in the story.