09-26 Newsom Vetoes Bill on Parental Support of Child’s Gender Identity in Custody Cases: Why It Matters: The veto signals a break from the governor’s stance in support of transgender rights.

Gov. Gavin Newsom of California vetoed a bill on Friday that would instruct judges presiding over custody battles in the state to take into consideration a parent’s support for a child’s gender identity when making custody and visitation decisions.
Why It Matters: The veto signals a break from the governor’s stance in support of transgender rights.

In a letter accompanying his veto on Friday, Mr. Newsom, a Democrat, said that while he he shares “a deep commitment” to advancing transgender rights, he urged caution about making legal standards “in prescriptive terms that single out one characteristic.”

“Other-minded elected officials, in California and other states, could very well use this strategy to diminish the civil rights of vulnerable communities,” he said.

The governor added that under existing state law, the court is required to consider a child’s health, safety and welfare in these proceedings, which he said already includes the parent’s affirmation of the child’s gender identity.

Mr. Newsom did not elaborate on his stance. But Scott Altman, a law professor at the University of Southern California who specializes in family law, said that the veto might have stemmed from a concern that courts might overemphasize this one facet of parental love, or could lead courts to discriminate against parents whose religions adhere to traditional gender roles, or that allowing this explicit reference to affirming gender identity might provoke more opposition to L.G.B.T.Q. rights in other states.