California bill would include child’s gender in custody cases. Here’s what opponents say

Originally Published: 14 JUN 23 13:05 ET

By ANDREW HAUBNER

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    SACRAMENTO (KOVR) -- Opponents of California Assembly Bill 957 made their voices heard outside the State Capitol.

"It will elevate not affirming your child's gender identity, whatever gender identity they choose", said Erica Friday, a co-leader of the group OurDuty.

Several groups and opponents to AB 957 and other bills making it through the California Legislature stood on the Capitol grounds to voice their opposition. AB 957, in particular, concerns adding language to judicial criteria that decide custodial rights in family court.

Essentially, parents affirming their child's chosen gender would be an extra piece of information used in making a decision about parental custody. Some other criteria involve the amount of contact a child has with a parent, the nature of the contact, and the health, welfare and safety of the child.

Opponents believe this can be weaponized, even going as far as to say that if they don't affirm their child's gender, they will be charged with child abuse.

"It's already happening," Friday explained. "It happened to me when I refused to call my daughter by a male name and use male pronouns. CPS showed up at my doorstep. The police followed."

Parents in opposition spoke about their personal experiences in family court. Some believed that gender identity had been used against them by vindictive ex-spouses during custody battles. A big concern was that this extra line item would supersede all others in court.

"Judges will have no ability to use their discretion," Friday said.

But the bill's author, 11th District Assemblywoman Lori Wilson, believes it isn't quite so cut and dried. Just because a parent may be affirming a child's chosen gender does not outweigh other potential problems within a custody fight.

"It is not taking away any other factor," Wilson explained. "If a parent is abusive to their child, I don't care what name they use for their child, I don't care with what pronouns they use. That child should not be with that parent."

The Assemblywoman said the bill was meant as a protection for Trans youth. Instead of having to be in the custody of someone openly antagonistic to them, Wilson asserts this bill is to keep those children out of a potentially dangerous situation.

"We are giving judges tools by which to measure health, safety and welfare," Wilson said. "This is not intended to create a sliding scale for a parent that is affirming their children. It should be one of the factors, not the factor."

As the rights of trans children are taking center stage in the political arena, Wilson told CBS13 that this bill wasn't an attack on parents or parental rights.

"No one is out to get your kids," she said. "No one is out to force your kids to be anything they shouldn't be. It's about really protecting children who are caught up in the family court system from a parent that is antagonistic or non-affirming."

Two other bills making their way through the legislature also deal with gender identity.

Assembly Bill 665 would change an existing law that allows minors 12 and older to receive mental health counseling or therapy without parental consent. That's scheduled for a hearing next week.

Assembly Bill 223 would seal petitions to change gender or sex identifiers for anyone younger than 18.

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