California Embraces Role as Sanctuary for Transgender Youth Seeking Gender-Affirming Care and Their Families (SB 107)

California passed Senate Bill 107, which aims to protect transgender youth and their families from bans against gender-affirming care, particular those arriving in California from out of state.  SB 107 provides safeguards for families that come to California to seek medical treatment for transgender children or teens, or who move to the state to avoid consequences for already seeking that treatment elsewhere.  

California passed this law after more than 20 states introduced legislation to outlaw gender-affirming medical care for young people and penalize parents and healthcare providers who allow it. 

Other states may try to seek medical information to pursue legal action against families or entities who allow a child to receive gender-affirming health or mental health care, but this bill would prohibit a health care provider, health care service plan or contractor, from releasing medical information in response to a criminal or civil action, including an out-of-state subpoena.  Law enforcement agencies are also prohibited from knowingly making or participating in the arrest or extradition of an individual in response to an out-of-state arrest warrant based on an out-of-state law against a child receiving gender-affirming health or mental health care.

This law further prohibits the enforcement of an order removing a child from their parent or guardian’s care because the parent or guardian is allowing their child to receive gender-affirming health care or gender-affirming mental health care.  This law also prohibits California courts from declining to exercise jurisdiction on the basis that it is an inconvenient forum.  The provisions of the bill are severable as the legislature has indicated it expects some may attempt to challenge the constitutionality of the law. 

For information regarding SB 107 or other new legislation, contact your legal counsel.