California Proposes Bill for Custody of Trans Children

California has proposed a bill that will allow judges to factor in affirmation for trans children in parental custody cases following a divorce. In the case it goes through and the amendments are accepted by Governor Gavin Newsom, this will be a great step forward in human rights.

Divorce is already very stressful, and often, children have a hard time rationalizing it. As Alexis Sanchez, an advocate with the Sacramento LGBT Community Center, says, “A child whose parents are going through a divorce is going through probably one of the worst and most challenging experiences of their life (up) to that point.” The stress of how our current society reacts to people expressing their identity and living with an unsupportive parent can make that all the worse.

This bill, called AB-957, does not require the judge to side with either parent, affirming of their child’s identity or not, and also does not require the judge to observe affirmation of a transgender child as a priority. This bill simply adds gender affirming care, which can range from allowing a child to play with affirming toys to encouraging the child to wear what they want, as a factor among many others that judges need to consider during custody cases. These other factors include whether or not the child was abused, income, and living conditions.

This bill is something of a beacon of hope as basic human rights are being contested and stripped away from trans people simply because they are trans. From the right to enjoy recreational competitive sports on a gender affirming team to bans on trans healthcare, it really feels like the country is regressing to a colonial mentalism. The only thing that matters to the people making these bills and banning care is procreation and their own selfish beliefs.

This is one of many bills proposed to protect LGBTQ+ children this year.