The dome of the Capitol building in Sacramento – Photo: Alex Wild, via Wikimedia.
California lawmakers have passed a historic bill ensuring that transgender youth in foster care will be able to access medical care, including hormones and mental health counseling, in order to assist them with their transition.
The bill, introduced by openly gay Assemblymember Todd Gloria (D-San Diego), mandates that the California Department of Social Services develop guidance by 2020 that outlines best practices for ensuring that transgender youth are aware of their options and can access Medi-Cal services if they choose to pursue hormone or other medically necessary treatments.
Earlier this week, the bill was approved by the Senate, which made a series of technical amendments earlier this week. Those changes were then approved by the Assembly on a 53-22 vote. The bill now heads to Gov. Jerry Brown (D) for his signature into law.
“The passage of AB 2119 today is a momentous sign of hope for transgender foster youth living in the system growing up feeling neglected, forgotten, or out of place. With this bill, I hope those foster youth will be assured that we see you, we care about you, and there is a place for you in California,” Gloria said in a statement. “AB 2119 will empower transgender foster youth to live authentically and simply be themselves. Governor Brown now has the power to make that a reality.”
The bill’s passage comes three years after Brown signed a bill requiring child welfare workers and caregivers to consider the gender identity of transgender youth when determining an appropriate placement.
Equality California Executive Director Rick Zbur has said the bill will save lives.
“[The bill] gives LGBTQ foster youth room to focus on other important aspects of their lives, including succeeding in school, building healthy relationships, and fully engaging in positive youth development programs,” Zbur said in a statement.
The National Center for Lesbian Rights also hailed passage of the bill.
“Every young person in foster care deserves, and is entitled to, medically necessary health and behavioral health care,” Shannan Wilber, NCLR’s youth policy director, said in a statement. “The harms caused by the denial or delay of medically necessary care are particularly acute for transgender and gender non-conforming children and youth, who often encounter barriers to receiving the care they need to ensure their health, safety, and well-being.”
The U.S. Supreme Court has agreed to take up a case involving the question of whether states can enforce laws prohibiting transgender youth from accessing gender-affirming treatments, such as puberty blockers or hormone therapy.
On Monday, June 24, the high court granted certiorari in the case of LW v. Skrmetti, a lawsuit challenging the state of Tennessee's ban.
The lawsuit was signed into law by Republican Governor Bill Lee in March 2023.
It claims the ban:
Violates transgender teens' right to equal protection under the law.
Violates the right of their parents to make decisions regarding the care, custody, and control of their children.
Runs afoul of a section of the Affordable Care Act that prohibits discrimination based on sex, including sexual orientation and gender identity.
A federal judge initially blocked the law from taking effect, but Tennessee appealed the ruling and asked that it be reversed.
The Biden administration clarified its stance on gender-affirming care for minors after previously angering LGBTQ advocacy groups for appearing to support a ban on surgical interventions.
Earlier this month, a White House spokesperson told the independent news outlet The 19th that the administration believed that surgical procedures undertaken to align a person's physical appearance with their gender identity "should be limited to adults."
That spokesperson appeared to distinguish between opposing surgical interventions for minors while still opposing state-level bans for gender-affirming treatments, like puberty blockers and hormone therapy, arguing that the decision to pursue such treatments should be made by minors' parents in consultation with doctors.
A federal judge struck down several administrative rules and part of a law placing restrictions on access to gender-affirming care for both minors and adults, declaring them to be unconstitutional.
On Tuesday, June 11, U.S. District Judge Robert Hinkle, of the U.S. District Court for the Northern District of Florida, issued an order permanently blocking Florida state officials from enforcing a ban on puberty blockers and hormone therapy for transgender youth.
Florida is currently one of 25 states with such restrictions in place.
Hinkle's ruling also blocks Florida officials from enforcing rules approved by the Florida Board of Medicine and Board of Osteopathic Medicine in order to comply with the law.
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