A new California bill would require judges to consider if a parent affirms their child’s gender identity in custody disputes, a move that legal experts say could disadvantage parents who have religious or other objections on how to treat their children’s gender identity crisis.
A California bill would require judges hearing custody disputes to consider whether parents affirm their child’s gender identity, a move that legal experts say could disadvantage parents with religious or other objections on treating children with gender identity crises.
The bill does not define what it means to “affirm” a child’s gender identity, Ms. Pearson said. Affirmation, she said, could be social, such as allowing a child to dress a certain way, or medical, such as authorizing a minor to undergo gender transition treatment. “Taking a child away from their parents is not the least restrictive means of promoting child safety,” Mr. Yoder said. “A first-year law student should be able to knock this out. It is blatantly unconstitutional. It’s another example of government overreach.”
“After consulting with judges and lawyers throughout the entire year, we feel very confident that there are no constitutional concerns with AB 957,” Ms. Wilson said. Courts generally look at the health, safety and welfare of a child, among other factors, when deciding where the child should live or which parent should make medical decisions for the minor.
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