As Trump’s Inauguration Approaches, Senator Wiener Introduces Legislation to Protect Transgender People From Harassment By Making Court Records Confidential

SACRAMENTO – Today, Senator Scott Wiener (D-San Francisco) introduced Senate Bill 59, the Transgender Privacy Act. With harassment and violence against transgender and nonbinary people on the rise, and an incoming Presidential Administration that is openly hostile to the transgender community, states like California must step up to defend them from abuse. SB 59 protects the privacy of transgender and nonbinary people by automatically making all court records related to their gender transition confidential and thus reducing the risk that they will be outed and exposed to danger.

“The incoming Trump Administration and Republican Congressional leadership have made clear that targeting and erasing trans people is among their highest policy priorities, and California must have our trans community members’ backs. Making this personal identifying information public after someone transitions — including a person’s dead name, as well as the basic fact that they’re trans or non-binary — pointlessly exposes trans and nonbinary Californians to harassment and potential violence,” said Senator Wiener. “Unfortunately, right-wing groups and individuals have used publicly available personal information to harass trans people in California and across the nation. The incoming Trump administration will only embolden abusive right-wing extremists, and it is up to states like California to defend LGBTQ and other targeted communities amid a rising swell of hate.”

Last year, a transgender woman in California’s Stanislaus County sued for the right to seal her court records after she was subjected to harassment after being forcibly outed on social media and at work. There have been similar reports of forced outing and harassment in Washington, New York, and across the country as well. Many transgender and nonbinary people are surprised to discover that their records, including deadnames and other personal information, are discoverable via a simple Google search.

"When I learned I was unable to change my name in California without being forcibly outed online and exposed to harassment I was appalled,” said Hazel Williams, San Francisco resident and community organizer. “I'm proud to help rally community members and advocacy organizations to fix this. There are 220,000 transgender and non-binary adults in California. All of us deserve privacy and safety and this legislation is a vital step in that direction."

In 2017 Oregon passed a law allowing transgender people to seal court records related to their transition and New York did the same in 2021 for all transgender people who could show risk of violence or intimidation. In 2023, Washington passed a law that automatically seals the relevant court records after a judge approves the initial name and gender change.

In 2023, California passed AB 223, the Transgender Youth Privacy Act, authored by Assemblymember Chris Ward (D-San Diego). AB 223 requires courts to keep confidential any petition for a change of gender or sex identifier and name filed by a minor to protect their privacy.

SB 59 expands the protections of AB 223 to persons over 18. The changes apply retroactively to make confidential all records relating to previous name, gender, and/or sex change held by the courts.

In the 2024 case of the transgender woman in Stanislaus County, the 5th District Court of Appeal in Fresno ruled that records related to name change and gender transition could be fully sealed by the court, a process that is more comprehensive than the confidentiality proposed in SB 59. However, the decision about whether or not to seal the records is left up to the judges to determine on a case by case basis—transgender people need to know, definitively, that their records are public and request that they be sealed to gain protection.

“Having accurate identity documents is critical to allowing transgender people to live safely and openly as their authentic selves. Unfortunately, personally identifying information related to name and gender marker changes can be discovered with a simple internet search, putting transgender people at greater risk for discrimination, harassment and even violence,” said Equality California Executive Director Tony Hoang. “As the incoming Trump administration prepares to wage unprecedented attacks on the transgender community, California must do everything it can to protect the safety and wellbeing of transgender people. Equality California is proud to partner with Senator Wiener on this important and timely legislation to ensure that transgender Californians can keep their personally identifying information private and better protect themselves from discrimination and harassment.”

“Ensuring the confidentiality of name and gender marker changes is a critical step in protecting the safety and privacy of transgender adults,” said Kathie Moehlig (she/her), Executive Director of TransFamily Support Services. “While the ability to update identity documents is life-affirming, the risk of having personal information publicly accessible can lead to discrimination, harassment, or even violence. With the alarming rise in attacks against the trans community, it is more important than ever to strengthen protections that allow transgender individuals to live authentically and safely. This legislation builds on the progress we’ve made for minors and extends essential protections to adults, allowing them greater security. TransFamily Support Services is proud to partner with trailblazers in this work of protecting trans lives and advancing critical measures to safeguard the wellbeing and dignity of our community.

Harassment and violence against transgender people has been on the rise in recent years:

• In California, hate crimes motivated by anti-transgender bias increased by 10.2% between 2022 and 2023.
• In 2021, transgender people nationwide were over 4 times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault than their cisgender peers. 
• In 2022, 30% of transgender people nationwide reported that they were verbally harassed in the last 12 months because of their gender identity. 

“As Trump and his cronies continue their cynical incitements of violence against transgender people, it is critical that we fight back with progressive protections at the state level,” said Syd Simpson, Co-Chair of the Harvey Milk LGBTQ+ Democratic Club’s Trans Caucus, which is co-sponsoring the bill. “The threats to our community worry me constantly, and our private information is currently all too easy to exploit. As trans people all over the country flee their repressive home states for sanctuaries like California- we intend to welcome them with open arms and fierce protections. The right to privacy and safety are sacred to our community, and we will not back down.”

President-elect Trump has incited animosity toward transgender people, saying trans rights have “just taken over” and have “ripped our country apart”. On the campaign trail he promised to restrict transgender people’s access to healthcare and all but banish them from public life by restricting transgender youth’s expression in school and barring transgender people from participating in sports and serving in the military.

SB 59 is co-authored by Senators Chris Cabaldon (D-West Sacramento), John Laird (D-Santa Cruz), Sabrina Cervantes (D-Riverside), Steve Padilla (D-San Diego) and Assemblymembers Alex Lee (D-Milpitas), Chris Ward (D-San Diego), José Luis Solache, Jr. (D-Lynwood), Mark Gonzalez (D-Los Angeles), Rick Zbur (D-Hollywood), Corey Jackson (D-Moreno Valley).

SB 59 is sponsored by Equality California, TransFamily Support Services, Trans Youth Liberation, and the Harvey Milk Democratic Club Transgender Caucus.

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