CALIFORNIA'S NEW GENDER IDENTITY LAW: PROVISIONS AND DEBATE

Why in the news?

California became the first US state to prohibit schools from sharing information about students’ gender identity and sexual orientation without the students’ consent, including with their parents.
The policy, part of the SAFETY Act, was signed into law by Governor Gavin Newsom on July 15, 2023. This move has sparked significant support and criticism.

source:Slideshare

Key Provisions of the SAFETY Act

The law ensures students can decide when and to whom to disclose their gender identity, emphasizing privacy and self-determination.
Section 2 states policies that require outing students without consent violate their rights. It affirms the right to privacy for LGBTQ+ youth, supported by court rulings.
The Act mandates the State Department of Education to develop resources to support LGBTQ+ students and their families, focusing on anti-bullying, counseling, and suicide prevention.

Supreme Court Observations on LGBTQ+

On Legislature to Frame the Laws

The Supreme Court stated it cannot amend the Special Marriage Act (SMA) 1954 to include same-sex marriages; this responsibility lies with Parliament and state legislatures.
In the absence of a central law, state legislatures can create laws for same-sex marriages, empowered by Articles 245 and 246 of the Constitution.

On Rights and Protections

Minority opinion supports state recognition of queer unions for access to related rights; the majority disagrees.
Transgender individuals have the right to marry under existing laws, and intersex individuals can also marry.

On Adoption and Entitlements

The Court did not strike down adoption restrictions for queer couples, citing child welfare.
Acknowledges the need for equal rights in areas like pensions, but sees legislative action as necessary.

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