Affirm or Else...
Yet another horrible gender ideology bill takes aim at parents
If the specter of the Portantino Parent Silencing Bill (SB 596) and the State Sanctioned Kidnapping Bill (AB 665) were not enough to terrify California parents, yet another bill co-authored by State Senator Scott Wiener (D - San Francisco) threatens to separate children from their parents. AB 957 – called the “Transgender, Gender-diverse, and Intersex (TGI) Youth Empowerment Act” – should instead be called the Affirm or Else law. If parents don’t affirm their child’s wish to change genders, they risk losing custody of that child.
According to AB 957’s author, Assemblymember Lori D. Wilson (D - Suisun), the bill would “ensure that transgender, gender-diverse, and intersex youth have access to a legal system that affirms and protects them.” In reality, the bill would compel family court judges presiding over custody disputes to view a parent’s refusal to affirm their child’s gender change as essentially child abuse – “a violation of health, safety, and welfare.” According to the bill’s text:
“Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the health, safety, and welfare of the child.
This bill, for purposes of this provision, would include a parent’s affirmation of the child’s gender identity as part of the health, safety, and welfare of the child.”
The above reflects the amended bill text as of June 5th, 2023. The bill as originally written amended Section 3011 of the existing California Family Code to add gender affirmation as the sixth factor a judge should consider when making a determination on the best interest of a child in a custody dispute:
“(6) A parent’s affirmation of the child’s gender identity because it is in the best interest of the child to affirm their gender identity.”
The assertion in law that a specific treatment path is in the best interest of a person when it is one among several viable alternatives was unprecedented. After concern was raised about this position of belief being ensconced in law, the bill’s author struck the above paragraph and moved the gender affirmation clause to the first factor of Section 3011 to make gender affirmation a part of a child’s “health, safety and welfare.” This made the bill’s language much worse – an error in logic was transformed into an abuse of language, common sense and decency.
As currently written, a parent’s failure to affirm a child’s declaration that they are transgender is now treated as equivalent to the physical abuse of a child, habitual and continual illegal use of drugs or abuse of alcohol, or neglect of the child – all enumerated categories of child abuse under the law.
If you doubt this interpretation of the bill, listen to Assemblymember Lori Wilson explain it in her own words while defending AB 957:
https://twitter.com/LauraPowellEsq/status/1667311019235086337
AB 957 was introduced by Wilson in the California Assembly in February 2023, passed the Assembly Judiciary Committee in March, and a few days later cleared the entire Assembly in a party-line vote of 51 (Democratic) ayes to 13 (Republican) noes. The bill is currently making the rounds of committees in the Senate, having been sent to the Senate Judiciary Committee on May 5th, amended as shown above on June 5th, 2023, and is currently slated to be re-heard by the Senate Judiciary Committee on Tuesday, June 13th, 2023.
The proposed legislation clearly attempts to prejudice courts against parents who question a child’s declaration of trans status in favor of the affirming parent. Worse still, it declares that failure to affirm an announced gender change is child abuse, which could be weaponized by the affirming parent to deny the other parent visitation rights or even have criminal charges brought against them.
Concerned parents are encouraged to attend the Senate Judiciary Committee hearing on June 13th, 2023 at 1:30pm:
Senate Judiciary Committee Hearing Room
1021 O Street, Room 2100
Sacramento, CA 95814
Parent advocacy group Our Duty has scheduled a press conference prior to the Senate Judiciary Committee meeting at 11:45 am. Meet at N and 13th Street. Abigail Martinez, mother of Yaeli Martinez, who committed suicide after transitioning and then emancipating from her family to attain cross-sex hormone therapy, is flying from her home in Southern California to testify in front of the Judiciary Committee.
Questions you should consider posing to the members:
Do parents who do not immediately affirm their child’s gender transition claim risk being accused of child abuse? Could this lead to parents being criminally charged with child abuse?
What prevents a parent from gaming the system and stating that their child is trans and the other parent refuses to affirm?
Does AB 957 apply a minimum age limit? For example, if a female child says she is a boy and is only 3 years old, is it in the best interest of the child’s health, safety and welfare to affirm the child’s identity? What is the test for persistence? Did you ever make decisions as a child that you later regretted or changed?
If a parent is physically or sexually abusive to a child, but affirms the child’s gender identity, which parent will get custody? Could the child be removed from the custody of both “abusive” parents and placed in foster care?
Will a child be forced to testify and affirm gender status regardless of age, before the judge will consider the parent’s affirmation of the child’s gender identity, or will the judge take just one parent’s word for it?
Will a parent who believes that it is not in the best health, safety and welfare interest of the child to affirm, be barred from having medical witnesses testify against affirmation?
Are you aware that there are a growing number of detransitioners, including young adults that regret transitioning when they were minors?
Are you aware that social transition almost always leads to medical transition? But if you don’t socially transition a child, upwards of 90% will return to being comfortable with the body of their birth sex.
If you cannot attend the hearing in person, contact members by email or via the California Legislature’s Position Letter Portal:
https://calegislation.lc.ca.gov/Advocates/
Below is the list of Senate Judiciary Committee members and contact information for their staff:
Senator Thomas J. Umberg (Chair) – staff members:
aria.ghafari@sen.ca.gov
zach.keller@sen.ca.gov
Senator Scott Wilk (Vice Chair) – staff members:
Eileen.ricker@sen.ca.gov
Matt.gallagher@sen.ca.gov
Senator Benjamin Allen – staff members:
Nicole.winger@sen.ca.gov
Tina.andolina@sen.ca.gov
Senator Angelique V. Ashby – staff members:
Katie.hanzlik@sen.ca.gov
Cassidy.denny@sen.ca.gov
Senator Anna M. Caballero – staff members:
luis.quinonez@sen.ca.gov
Jeffrey.roth@sen.ca.gov
Senator Maria Elena Durazo – staff members:
Jennifer.richard@sen.ca.gov
Bethany.renfree@sen.ca.gov
Senator Dave Min – staff members:
Jody.Fujii@sen.ca.gov
Heather.caden@sen.ca.gov
Senato Roger W. Niello – staff members:
Julie.sauls@sen.ca.gov
Calvin.rusch@sen.ca.gov
Senator Henry I. Stern – staff members:
Brenda.Murphy@sen.ca.gov
Gil.topete@sen.ca.gov
Senator Scott D. Wiener – staff members:
Severiano.christian@sen.ca.gov
Anna.esparza@sen.ca.gov
The legislative assault on families in pursuit of a twisted vision of gender ideology has been going on for more than seven years and has no end in sight. Parents must speak up or risk losing their children.
Thank you,
The Gender Identity K-12 Team