Gavin Newsom Finds Unlikely Allies After Gender Legislation Veto

California Governor Gavin Newsom received rare support from conservatives after he vetoed a bill that would require state courts to consider affirmation of a child's gender identity in custody battles.

Newsom, a Democrat, this week rejected the bill that would have required judges to consider whether parents affirm their child's gender identity when making decisions about custody and visitation proceedings. The bill comes as transgender rights remain a contentious issue between Democrats, who tend to support expanding rights for members of the LGBTQ+ community, and Republicans, who are often against expanding transgender rights.

The governor explained his veto in a letter to California's state assembly, noting that he appreciates "the passion and values that led the author to introduce this bill" and that he shares "a deep commitment to advancing the rights of transgender Californians."

"That said, I urge caution when the Executive and Legislative branches of state
government attempt to dictate—in prescriptive terms that single out one
characteristic—legal standards for the Judicial branch to apply. Other-minded
elected officials, in California and other states, could very well use this strategy
to diminish the civil rights of vulnerable communities," he wrote, adding that courts already may consider gender identity when making these decisions.

Gavin Newsom's unlikely support after gender veto
Above, an image of California Governor Gavin Newsom speaking during the Milken Institute Global Conference in Beverly Hills, California on May 2, 2023. Newsom received rare support from conservatives after vetoing a bill that would require judges to consider gender affirmation when making custody decisions. PATRICK T. FALLON/AFP via Getty Images

The veto drew condemnation for advocates of LGBTQ+ rights but support from conservatives, who rarely find common ground with Newsom, a politician frequently called one of the most progressive governors in the country.

Representative Doug LaMalfa, a California Republican, wrote in a post to X (formerly Twitter): "AB 957 was so egregious even Governor Newsom realized how crazy it was. Vetoing this was the right move."

"California Governor Gavin Newsom defies his own party and *vetoes* bill that would allow parents to lose custody of their children if they refused to accept their child's gender transition. Good job, @GavinNewsom," wrote conservative commentator Collin Rugg.

Conservative author Bethany Mandel wrote that Newsom's veto shows that Democrats "are starting to find the third rail" on LGBTQ+ rights.

Others, however, were more skeptical about his veto, suggesting it was merely an attempt to moderate his image before a potential presidential run. Despite speculation, Newsom has maintained that he does not plan to challenge President Joe Biden next year but has not ruled out a 2028 run.

"Don't be fooled by @GavinNewsom vetoing AB 957, which would've allowed judges to remove custody of children from parents who don't 'affirm' their child's 'gender identity.' It's a trick. Newsom is running for President. He needs you to think he's 'moderate.' He's not," said commentator Liz Wheeler on X.

"Everyone is giving Gavin Newsom entirely way too much credit for vetoing AB 957. He's going to run for President (probably in 2024)," director and pundit Robby Starbuck wrote on X. "He can't sign this and win a general election but he reassured activists in his statement that the state is ALREADY considering if parents affirm their child's gender identity in custody cases and visitation proceedings."

Newsweek reached out to Newsom's office for comment via email.

Meanwhile, Newsom has faced criticism from his fellow Democrats over the veto.

California Assemblymember Lori Wilson, who introduced the bill, wrote that she was "extremely disappointed" by his veto in a statement posted to her Instagram account.

"I've been disheartened over the last few years as I watched the rising hate and heard the vitriol toward the trans community. My intent with this bill was to give them a voice, particularly in the family court system where a non-affirming parent could have a detrimental impact on the mental health and well-being of a child," she wrote.

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