- The Washington Times - Tuesday, June 13, 2023

California parents who refuse to affirm their child’s gender identity could find themselves losing custody disputes under a bill advancing in the state legislature, prompting one Republican lawmaker to urge families to escape before it’s too late.

Assembly Bill 957 passed the Senate Judiciary Committee on an 8-1 vote late Tuesday despite a growing backlash against the legislation, which would require judges in family custody cases to take into account whether the parents support a child’s gender identity.

Democratic lawmakers voted unanimously to move the bill to the Senate floor despite raising concerns about its ambiguous language, but Republican state Sen. Scott Wilk had bigger worries, as well as some advice for California parents: Get out.

“In the past when we’ve had these discussions and I’ve seen parental rights atrophy, I’ve encouraged people to keep fighting. I’ve changed my mind on that,” said Mr. Wilk, an 11-year legislator. “If you love your children, you need to flee California. You need to flee.”

Hundreds of parents turned out in opposition to the bill, which comes as part of what family-rights groups describe as a push to weaken parental authority in the name of advancing the gender ideology movement.

“AB 957 is the first bill in the nation to codify into law that a parent who does not affirm the gender identity of the child is abusive,” said Our Duty leader Erin Friday. 

“There is no nuance in this bill. It matters not the age of the child, the absurdity of the identity adopted, co-morbid mental health issues, or persistence. Family court judges will be compelled to favor the parent who affirm the child’s delusion,” she said.

 

 

The measure would add “affirmation of the child’s gender identity” to the list of health, safety and welfare priorities for courts to factor in when making custody and visitation decisions involving children of divorced couples.

As a result, the bill would increase “the likelihood that a gender-affirming parent is given legal custody and authority to make important decisions about the child’s medical care and education,” according to the author’s statement.

Assemblymember Lori Wilson, the bill’s sponsor and the mother of a transgender child, acknowledged that the measure would limit the discretion of judges in family-court proceedings involving “transgender, gender-diverse and intersex” [TGI] children.

“I love judicial discretion, but there [are] some issues because, guess what, they’re human beings,” said Ms. Wilson at the hearing. “We want to make sure that they understand, that every judge in the state of California recognizes that for a TGI child, affirmation is in their absolute best interest, period.”

Supporters insisted that gender-affirmation would be only one of many factors to be weighed by the courts, although several Democrats also said that the bill needs to be clarified before it reaches the Senate floor.

They cited concerns about whether loving and supportive parents who have religious or other qualms about gender transition for minors would be affected, as well as whether parents would need to approve drugs or surgeries to be considered “affirming.”

“I reserve the right not to support it on the floor if it doesn’t change, because I think that there’s challenges with what exactly this would mean,” said Democrat state Sen. Anna Caballero, who voted for the bill in committee. “I don’t think we want to send something to the court that causes confusion or wrong decisions.”

Even though the bill only applies to custody disputes, critics predicted it would be leveraged to redefine child abuse to include parents who oppose their children’s efforts at gender transition.

“I can assure you it’s not going to end with divorce proceedings,” Mr. Wilk said.

He said he was born and raised in California, but he plans to leave after finishing his term in the state Senate.

“I love this state. I’m not going to stay in this state because it’s just too oppressive,” Mr. Wilk said. “I believe in freedom, and so I’m going to move to America when I leave the legislature.”

Equality California scolded the Republican afterward, saying in a tweet that “we are deeply disturbed by your offensive comments during the hearing.”

“We hope you end up on the right side of history by reconsidering your vote when #AB957 reaches the Senate floor,” said the LGBTQ advocacy group. “Focus on protecting the safety and well-being of children, not bigotry.”

AB 957 would need to pass the Senate and return to the Assembly for a vote on the amended version before reaching the desk of Democrat Gov. Gavin Newsom.

• Valerie Richardson can be reached at vrichardson@washingtontimes.com.

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