Calif. Bill: Parents Could Lose Custody of Their Child for Not ‘Affirming’ Trans Identity

Christian and conservative groups are sounding the alarm on a California bill that would rewrite child custody laws to favor a parent who “affirms” the identity of a transgender-identifying child.

AB957 amends state law to allow courts to consider a parent’s stance towards transgenderism in deciding on what is best for the child. If passed and signed into legislation, the bill would apply to child custody disputes, such as those that follow a divorce.

The bill states that “in determining the best interest of an child, a court must consider the health, safety and welfare of the children.”

The bill states that “as used in this section, the health safety and welfare of an child includes the parent’s affirmation” of their child’s gender.

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The bill is sponsored by California Assemblywoman Lori Wilson. Wilson has a child who transidentifies. In March, a slightly different version passed the Assembly.

She said that when a parent doesn’t affirm their child’s identity as trans, they are “essentially rejecting them.”

Wilson stated that this was not in a child’s best interest. “We should affirm our children in any way possible and get them the appropriate care they require, whether based upon their gender or their school performance – it does not matter. Our children should be affirmed.” This is saying you must include gender affirmation in that.”

Christian and conservative groups say that the bill violates parental right.

Greg Burt, of the California Family Council, said that this is “one of [the] most terrible bills California has ever presented.” If you believe that biology determines a child’s gender, then they will take your children away if they are transgender. It’s just that simple.”

Wesley J. Smith is a senior fellow with the Discovery Institute’s Center on Human Exceptionalism. He said that the bill has the potential to have a wide-ranging impact.

Smith wrote in National Review that “parents who are fighting for custody will be motivated to use affirmation to gain custody, and judges will need to prioritize this issue when weighing the social factors which always play a part in such cases.” In this respect, it’s worth remembering that California has already declared itself a sanctuary state for transgender people. In the event that a state court awards custody to a parent who refuses gender affirmation, and then the other parent takes the child and brings it to California, California’s courts will not be able to enforce the original ruling.