California Is Officially the First Sanctuary State for Trans Youth

Governor Newsom has signed a law that stops other states from prosecuting trans youth who flee to California.
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OAKLAND, CA - FEBRUARY 9: Governor Gavin Newsom speaks at a press conference on Wednesday, Feb. 9, 2022, in Oakland, Calif. Newsom signed legislation to extend COVID-19 supplemental paid sick leave for workers and bolster Californias support for small businesses. (Aric Crabb/MediaNews Group/East Bay Times via Getty Images)MediaNews Group/East Bay Times via Getty Images

We all need some good news to close out the week, and here it is: California is now the first sanctuary state for transgender youth in the U.S.

On Thursday, Gov. Gavin Newsom, who is currently running for reelection against Republican challenger Brian Dahle, signed into law SB 107, blocking states with anti-trans laws from prosecuting families who seek gender-affirming care in California. The law, which was introduced by state senator Scott Wiener in April, takes several measures to protect families of trans youth who flee their home states due to legal threats or investigations in states including Florida and Texas.

Under the new legislation, no subpoenas based on out-of-state laws that “interfere with a person’s right to allow a child to receive gender-affirming health care” will be honored or issued; doctors are no longer compelled to disclose a trans child’s medical information if the request is made in relation to a law prohibiting gender-affirming care; and state courts are now granted emergency jurisdiction over child custody cases in the event that the child or family is fleeing such a law or investigation.

In a signing message issued Thursday, Gov. Newsom wrote that the “hate demonstrated by these laws is unfathomable [...] California will ensure these kids and their families can seek and obtain the medical and mental health care they need.”

“States like Texas & Alabama are seeking to tear these families apart. California won’t be party to it,” Sen. Wiener Tweeted on Friday, sharing the governor’s message. “We have your backs.”

Both Texas and Alabama, as well as other states including Arizona, have sought to outlaw gender-affirming care, including puberty blockers and mental health counseling, and to prosecute parents and care providers who seek or offer such treatment, willfully misinterpreting science to do so.

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SB 107, the law signed by Newsom, was endorsed by groups including Planned Parenthood Affiliates of California and Equality California, who also celebrated the bill’s signing. “While other states attack transgender youth and their families, CA affirms them,” Equality California representatives Tweeted early Friday morning. “SB 107 will help ensure that trans youth who seek necessary care & an authentic life in CA are protected in that endeavor.”

A still from the video game 'Portrait of a Texas Family'.
“We wanted the player to feel the love and care, but also the anxiety and worry, and ultimately the hope while navigating society.”

The law itself won’t solve all the problems that trans youth and their families currently face, of course. Moving to California is an expense many families can’t afford, let alone living in the state, which is the country’s fifth most expensive. In the long term, it may also increase the burden on California’s healthcare infrastructure, which is already inaccessible for many lower-income residents.

Still, these legal protections are desperately needed amid rising right-wing antipathy towards trans people and those who affirm and support them. Here’s hoping California isn’t the nation’s only trans sanctuary state for long.

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