Press Release

Senator Wiener Introduces Legislation to Strengthen Landmark State of Refuge Protections for Transgender People & Their Teachers, Healthcare Providers, & Family

SAN FRANCISCO – Senator Scott Wiener (D-San Francisco) introduced SB 497, legislation to strengthen landmark legal protections for California’s transgender community. The Trump Administration has launched an all-out assault on transgender Americans, threatening to criminalize them, cut off their access to essential medical care, and banish them from public life. They are also threatening transgender people’s teachers, families, and health care providers. SB 497 reaffirms California’s commitment to treating all citizens with dignity and respect. It does so by strengthening SB 107 (Wiener, 2022), which created California’s Transgender State of Refuge protections against outside laws or actors targeting trans people in California. The bill also imposes penalties for attempting to access Californians’ sensitive medical data without a warrant.

“California must strongly reject Trump’s disgusting efforts to distract from his own incompetent failures by demonizing our transgender neighbors,” said Senator Wiener. “The President is attempting to eliminate trans people’s very existence in the eyes of the law, and he has made clear he is willing to violate laws and norms to target them. We must do all we can to prevent him, his lawless administration, and his cruel extremist allies from abusing Californians’ sensitive medical information.”

In 2022, Senator Wiener authored, and Governor Newsom signed into law, SB 107, establishing California as a State of Refuge for transgender people. At the time, states like Texas, Alabama, and Idaho were criminalizing gender affirming healthcare for minors. SB 107 protects those youth, their families, and their doctors from prosecution or anti-LGBTQ custody battles if they chose to flee to California. It limits compliance with extradition orders, warrants, and subpoenas to situations where the U.S. Constitution requires such compliance. The law established California’s intent to serve as a safe refuge for transgender people, their loved ones, and their healthcare providers.

Transgender Californians — and their families and health care providers — need protection more than ever given the assault on transgender Americans led by the Trump Administration and their extremist MAGA allies.

One such risk is the abuse of sensitive medical data. A recent study found that testosterone prescription data in state databases was accessible to law enforcement without basic safeguards (e.g. a warrant or subpoena) in nearly half of states, including California.

These databases contain sensitive information, including patient first name, patient gender, patient address, prescriber name, pharmacy name and prescriber address. The ability to access this information without a warrant presents privacy and safety issues for both providers and patients. It puts both at risk in instances when out of state law enforcement pull an activity report in attempts to prosecute people receiving care that is completely legal in California.

SB 497 recognizes California’s role in prioritizing the safety of those seeking gender affirming health care by:

  • Requiring warrants for law enforcement requests through the state’s healthcare database;
  • Establishing that accessing and knowingly sharing health data from state database without a warrant to unauthorized parties is punishable as a misdemeanor; and 
  • Expanding California’s transgender shield laws to prohibit health care providers from complying with subpoenas requiring the disclosure of medical information related to gender-affirming health care; and
  • Stating intent to protect teachers affirming of trans youth.

These changes will help to ensure that we protect individuals seeking medically necessary health care and safety, as well as their allies, against hostile actors in or out of the state. 

SB 497 is sponsored by the Trans Family Support Services, TransYouth Liberation, Planned Parenthood, and Equality California.

It is co-authored by Senators Chris Cabaldon (D-West Sacramento), John Laird (D-Santa Cruz), (D-Riverside), Lena Gonzalez (D-Long Beach), Steve Padilla (D-San Diego) and Assemblymembers Alex Lee (D-Milpitas), Chris Ward (D-San Diego), and Catherine Stefani (D-San Francisco).

 

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