California’s lawmakers generally strive to make the state a better place for LGBTQ+ people. However, a recent move regarding transgender children has stirred a fair bit of controversy.
Affirming a Child’s Gender
Numerous studies show that the transgender youth suicide rate drops drastically when the child’s parents are accepting. As such, legislation has been passed to help keep transgender children as safe as possible. In custody battles, parents who fail to affirm their child’s gender identity risk losing.
Health and Welfare of Trans Kids
The Transgender, Gender-Diverse, and Intersex Youth Empowerment Act will require judges in custody battles to consider whether or not each parent is accepting of their transgender child. A parent must “be affirming of a child’s gender identity” in order to ensure their “health, safety, and welfare.”
An Affirming Environment
Transgender activists, allies, and other supporters of the new legislation say that it’s in the “best interest of the children” and that it “aims to create a more inclusive and affirming environment for gender-diverse youth.” Conservatives, on the other hand, are not as pleased.
Making Parents Less Important
Tim Scott said the new law is “evil” and claimed that the “radical left” was “on a mission to make parents less important.” He vowed to “fight back, put parents back in charge, and protect the next generation of children from this absurdity.”
Trans Youth and Suicide
Studies have shown that transgender youth, who are seven times more likely to attempt suicide than their cisgender peers, are 49% less likely to do so if their parents embrace them. Moreover, the risk of suicide for intersex youth drops by 55% if at least one parent is accepting. As such, the lawmakers behind the bill say it’s necessary to keep transgender and gender-diverse kids safe.
A Mismatch Between Body and Mind
The lawmakers say that judges “already possess discretion in considering gender affirmation.” This law, however, will provide guidance in a more precise manner. Lori Wilson, the author of the bill, said that parents “typically support their children, especially when their gender identity aligns with their biological gender” but, when there’s a “mismatch between the two,” support drops.
Elon Musk’s Words
Without a drop of concern regarding the transgender suicide rate, critics claim that the new legislation “infringes upon parental rights and autonomy.” Billionaire Elon Musk, who lives in California, said it’s “utter madness.”
The Internet’s Response
News of the new law was shared across the internet and people flocked to comment sections to give their views. “It would be one consideration among others when the judge is determining custody,” one individual wrote.
Clarifying the Legislation
Echoing the aforementioned commenter, another person attempted to explain the law to those who didn’t understand. They said: “For clarity, the bill states that gender affirmation should be considered, along with other factors, when evaluating custody disputes. I agree with that.”
Misgendering and Emotional Abuse
The commenter continued: “We know for a fact that misgendering and repressing children’s gender identities, especially by parents, is a contributing factor to youth suicide. Courts ought to consider that when determining custody, just as they would consider other forms of verbal and emotional abuse.”
A Stricter Law
The aforementioned individual went on to discuss a hypothetical, stricter law. They said: “As for whether a new, more aggressive law should be created to actively remove children from homes solely because they are misgendered, I’m not sure I get behind that.”
The Foster System
“I have a lot of experience working with kids in the foster care system and it is a very difficult decision when to place kids into that system. I would certainly favor gender affirmation as a consideration but nothing that creates a blanket rule that removes children from a home on those grounds in all cases,” the commenter concluded.
A Fair Law
Another individual said: “This law allows judges in custody disputes to consider this. It doesn’t force them to. Since many parents are abusively against supporting a child when doctors and psychologists have determined it is in the best interests of the child, I think it’s fair for judges to consider it.”
Neglect and Abuse
Others discussed neglect and abuse. One person wrote: “The state has no business in parenting decisions unless there is neglect or abuse that harms the child. If gender-affirming medical care is prescribed by a medical professional and the parents refuse to allow it, that constitutes neglect. The same applies if the parents refuse to take their child to a professional in the first place.”
A Sick Psychological Game
One person tried to help individuals with anti-trans views understand. They said: “Let’s flip the script. Imagine I had a son who was cisgender without a single issue about his gender. One day, I force my son to wear dresses and pigtails, rename him with a traditionally female name, only use she/her pronouns, insist he only engages in ‘girly’ activities, and punish him for trying to be a boy. Would you think this was perfectly normal or would you think I was engaging in some sick psychological game and was mistreating him?”
An Obvious Factor
Plenty of people thought the legislation was a no-brainer. “[Affirmation of trans identity] should absolutely be a factor which contributes to making a decision about custody in the event of a divorce. Of course,” one commenter wrote.
Physical and Mental Health
Another person said: “If it is determined to be actively detrimental to the health – whether physical, mental, or emotional – of the child, whether through malicious intent or gross negligence, then the child should absolutely be removed from the care of that parent or guardian.”
A Huge Misunderstanding
Despite the agreement, some people deeply misunderstood the new law. “This is child abuse and I am horrified. Legally defining looking out for a child as abuse. This is a dystopia. I don’t think that’s even a strong enough word,” one individual wrote.
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