Gavin Newsom signs gender 'sanctuary' bill

Moreover, California law enforcement may not arrest or extradite anyone involved in the process of securing such care pursuant to another state's law.

Updated: September 30, 2022 - 5:33pm

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California Democratic Gov. Gavin Newsom on Friday signed a bill to aid minor residents of other states in acquiring gender transition therapies without parental consent.

“In California we believe in equality and acceptance," Newsom said when signing the bill, according to the National Review. "We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care."

"Parents know what’s best for their kids, and they should be able to make decisions around the health of their children without fear. We must take a stand for parental choice," he continued.

Under the new law, health care providers may not release personal medical information in response to an out-of-state subpoena or otherwise aid the enforcement of another state's laws that prohibit "gender-affirming" care on minors without the parents' knowledge.

"This bill would prohibit a provider of health care, a health care service plan, or a contractor from releasing medical information related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to a criminal or civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care," the bill's summary reads.

Moreover, California law enforcement may not arrest or extradite anyone involved in the process of securing such care pursuant to another state's law.

"The bill additionally would prohibit law enforcement agencies from knowingly making or participating in the arrest or extradition of an individual pursuant to an out-of-state arrest warrant based on another state’s law against providing, receiving, or allowing a child to receive gender-affirming health care or gender-affirming mental health care in this state, as specified," it continued.

State Democratic Sen. Scott Wiener, who led the bill, acknowledged that it would encounter likely constitutional challenges, but affirmed that it was intended to push the limits of what the state could legally do on the issue.

"We may have limits under the U.S. Constitution, but we are going to go right up to the edge of what we’re able to do to protect them and say, 'Unless we are absolutely forced to send you back, we are not going to send you back,'" he told the Los Angeles Times.

California's law comes amid Republican legislative efforts to outright ban the performance of gender transition surgeries on minors and to otherwise restrict public institutions from acknowledging a minor's chosen gender identity without parental consent.

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