A proposed California law, AB 957, has sparked debate over parental rights in child custody cases involving gender identity. The bill would require judges to consider a parent's affirmation of a child's gender identity when determining the child's best interests. Critics argue that the legislation could penalize parents who do not fully endorse a child's chosen gender identity, potentially labeling them as unfit.
Psychotherapist Stella O'Malley, head of Genspect, an organization advocating for evidence-based approaches to gender dysphoria, expressed concerns about the bill's lack of clarity regarding what constitutes "affirmation." She questioned the assumption that children possess the maturity to make complex medical decisions and criticized the "child-led" approach to affirmative care. O'Malley emphasized the potential distress this legislation could cause families.
The bill, which passed the California Assembly, initially focused on evaluating each parent's affirmation in custody disputes. A recent amendment broadened the scope to include parental affirmation as a factor in determining a child's overall well-being. Assemblywoman Lori Wilson, a proponent of the bill, emphasized the importance of affirming children in all aspects of their lives. State Senator Scott Wiener, a co-author, has also introduced legislation regarding gender affirmation for foster children and establishing California as a sanctuary state for transgender youth seeking medical interventions.
O'Malley pointed out that gender-affirming care, encompassing a range of interventions from therapy to surgery, is a relatively recent development with limited long-term research. While some studies suggest positive impacts on mental health outcomes, O'Malley called for more rigorous investigation. Critics of the bill argue that it infringes upon parental rights and could potentially equate a lack of affirmation with child abuse. O'Malley expressed concern about the state potentially overstepping its bounds in parental roles, citing historical precedents. A state senate committee hearing on AB 957 is scheduled for June 13.
