Protections for Transgender People in California

Protections for Queer and Trans People Signed into CA Law:

The following bills were signed into law in 2023:

• AB 223 (Ward) – Transgender Youth Privacy Act
  • Protects the privacy of trans and nonbinary minors by keeping gender and sex identifier change petitions confidential.

• AB 5 (Zbur) – The Safe and Supportive Schools Act.
  • Equips educators with high-quality training to create inclusive classrooms and address the unique challenges faced by all students, including LGBTQIA+ students. By fostering safer, more supportive learning environments, the bill enhances student well-being, boosts academic success, and promotes equity in education.

• AB 760 (Wilson) – Protecting Affirmed Names & Gender Identity in Higher Education
  • Ensures California public colleges and universities respect students’ affirmed names and gender identities in records where legal names aren’t required. It bans requiring legal documentation for name changes on diplomas and mandates inclusive record-keeping policies to support transgender and nonbinary students, staff, and faculty.

• AB 783 (Ting) – Ensuring Awareness of All-Gender Restroom Requirements
  • Requires cities and counties issuing business licenses to notify applicants that all single-user restrooms in businesses, public spaces, and government buildings must be designated as all-gender facilities. This ensures compliance with existing law and promotes inclusive, accessible restrooms for all.

• SB 760 (Newman) – Ensuring All-Gender Restrooms in Schools
  • Requires all California K-12 schools to have at least one gender-neutral restroom by July 1, 2026. This law promotes inclusivity, safety, and dignity for LGBTQ+ and nonbinary students, ensuring they have access to facilities where they feel comfortable and respected.

• AB 994 (Jackson) – Law enforcement: social media
  • Requires law enforcement to use the name and pronouns given by an arrested individual in social media posts and mandates the removal of booking photos after 14 days unless exceptions apply. It strengthens privacy protections and ensures fair treatment in public communications.

• SB 372 (Menjivar): Protecting Privacy in Professional Licensing
  • Ensures that licensed professionals can update their name and gender on records with the Department of Consumer Affairs without their former name or gender being publicly disclosed. It mandates confidentiality, fair fees, and online record updates while maintaining transparency for enforcement actions.

• SB 407 (Wiener) – Ensuring Inclusive and Supportive Foster Care
  • Requires families to affirm and support foster children regardless of sexual orientation, gender identity, or gender expression. It also strengthens caregiver training to ensure foster parents can meet the diverse needs of all children in their care, promoting a safe and inclusive foster system.

• SB 857 (Laird) – Establishment of an LGBTQ+ Advisory Task Force
  • Requires the Superintendent of Instruction to convene an LGBTQ+ advisory task force to identify needs and recommend policies for a safer, more supportive learning environment. Convening by July 1, 2024, the task force will ensure students have a voice in shaping inclusive education policies and promoting dignity and equity in California schools.

Bills Introduced

The following bills have been introduced in the California legislature:

• SB 59 (Wiener) - The Transgender Privacy Act (introduced)
  • Expanding existing protections for minors to apply to transition records for adults, this bill would ensure that court records related to gender transition are confidential, protecting transgender and nonbinary individuals of all ages from harassment and violence.

• SB 418 (Menjivar): Protecting Inclusive Health Care in California
  • Would strengthen nondiscrimination protections in health care by prohibiting insurers and health service plans from denying coverage or services based on race, color, national origin, age, disability, sex, gender identity, or sexual orientation. It protects access to gender-affirming care, reproductive health services, and equitable treatment for trans, intersex, and gender-diverse individuals, reinforcing California’s commitment to inclusive health care.

• AB 715 (Zbur): Protecting Attorneys Advocating for Sensitive Services
  • Would protect California attorneys from disciplinary action in California based on legal actions in other states that penalize involvement in sensitive services, such as reproductive or gender-affirming care, that are legal in California. The bill ensures that out-of-state judgments, sanctions, or misconduct findings related to these services cannot be used to deny admission to the State Bar or to suspend or disbar an attorney, reinforcing California’s commitment to safeguarding access to essential care.

• SB 497 (Wiener) – Protecting Gender-Affirming Care
  • Would strengthen SB 107, which created California’s Transgender State of Refuge protections against outside laws or actions targeting trans people in California. Would prohibit California health care providers and health care service plans from sharing certain medical records in response to subpoenas or investigations from states that ban gender-affirming care. It would also prevent law enforcement from using prescription drug data to target individuals for receiving or providing this care. By ensuring privacy and restricting cooperation with hostile states, SB 497 would reinforce California as a safe haven for gender-affirming health care.