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.

Associated Article:

https://universalinstitutions.com/what-are-the-main-challenges-facing-the-lgbtq-community-in-terms-of-social-justice-and-how-can-they-be-addressed/