On Aug. 31, the California State Senate passed a bill that, if signed into law, will give California courts “temporary emergency jurisdiction” over any child who travels to the state seeking gender transition surgeries and cross-sex hormones, regardless of which state they legally reside in.
The bill, known as SB 107, was put forward by state Sen. Scott Wiener (D-San Francisco) and was passed in a 30-9 vote, with “overwhelming Democratic support.” In fact, SB 107 is co-sponsored by Equality California, Planned Parenthood and Democratic Lt. Gov. Eleni Kounalakis.
“SB 107 ensures that California is a refuge state for trans kids,” Wiener said in a press release.
The bill is now on Gov. Gavin Newsom’s desk awaiting a decision.
“SB 107 is one of the gravest threats to parental rights in recent years,” said Jonathan Keller, president of California Family Council. “If Governor Newsom foolishly signs this measure, California should brace for lawsuits. Other states’ Attorneys General will not sit idly by as California steals children from parents who don’t want them sterilized with these trans-treatments.”
A legal analysis by Alliance Defending Freedom, a law firm specializing in religious freedom protections, expressed additional concerns over SB 107’s custody law issues:
“SB 107 violates parental rights protected by the U.S. Constitution by giving California courts the ability to strip parents who reside in another state of their parental rights if their child travels to California to obtain gender transition procedures—including harmful puberty blockers, cross-sex hormones, and irreversible surgeries,” the analysis document stated. “It also denies parents the right to have access to their child’s medical information.”
It went on to note that the bill “would override the jurisdiction of courts in a family’s home state that are usually the proper forum for custody determinations. SB 107 could also conflict with various federal laws, including those governing which state courts have jurisdiction to determine child custody and federal laws governing extradition requirements between the states.”
Gov. Newsom has until Sept. 30 to sign or veto the measure.
