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By Martha McHardy
US News Reporter
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California is ramping up its efforts to protect its laws safeguarding transgender people after President Donald Trump's anti-transgender executive orders.
Why It Matters
Since beginning his second term, Trump has taken steps to unravel protections for transgender people, signing an executive order on his first day in office declaring that there are "only two genders, male and female."
Read More on Politics
In another executive order, Trump said the United States would no longer "fund, sponsor, promote, assist, or support the so-called 'transition' of a child from one sex to another" and would seek to cut off funding to Medicare, Medicaid and hospitals that provided or promoted such care. He has also barred transgender people from serving in the armed forces and transgender student-athletes from playing on teams corresponding with their gender identity.
The orders from Trump have created a dilemma for states with a progressive agenda, like California, that have legislated to protect transgender identity. California is now making efforts to "Trump-proof" its laws.
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What To Know
On Wednesday, California Attorney General Rob Bonta's office sent a letter to Children's Hospital Los Angeles (CHLA) warning it could be violating state law after the institution said it was pausing the initiation of hormonal therapy for "gender-affirming care patients" under the age of 19 and had suspended gender-affirming surgeries for minors. The hospital clarified that it was not halting hormonal therapy or puberty blockers for cisgender children who might get them for other medical purposes.
That came in response to an executive order signed by Trump aiming to stop the use of puberty blockers, hormones and other gender-affirming care for people under 19. The executive order called for federal officials to "take all appropriate actions to end the chemical and surgical mutilation of children," which could mean that rules for health care providers to remain eligible for federal funding could be changed, which could be financially disastrous for health care providers.
Newsweek reached out to Children's Hospital Los Angeles via email for comment.
Following the executive order, health care providers in Colorado, Virginia, and other states have paused or canceled gender-affirming care for young people.
However, according to Bonta, Children's Hospital Los Angeles may be in violation of California's nondiscrimination laws if services are being withheld from transgender people and offered to cisgender people based on their gender identity.
Under the Unruh Civil Rights Act, Fair Employment and Housing Act (FEHA), and California Health & Safety Code, health care providers in the state cannot discriminate based on characteristics like race, gender or sexual orientation.
The letter also stated that Trump's executive order "does not provide federal agencies with any basis to threaten or revoke your federal funding" and asked CHLA for the "justification" for its decision.
Meanwhile, Bonta told the Los Angeles Times that if providers such as CHLA continue to deny care, his office could take legal action, seeking a court injunction that compels institutions to comply with the state's civil rights laws and noted violations could lead to monetary penalties.
A CHLA spokesperson told The Guardian on Wednesday that it was reviewing Bonta's letter and did not comment further.
California has also vowed to protect the state's rules, which ensure that transgender student-athletes can participate with teams corresponding with their gender identity after Trump signed an executive order this week to ban transgender females from girls' and women's sports teams in schools across the nation.
Trump said his executive order "upholds the promise of Title IX and ends the dangerous and unfair participation of men in women's sports," referencing the 1972 federal law that prohibits sex discrimination in public and private schools that receive federal funding.
But University of Southern California law professor David Cruz told the San Francisco Chronicle that no legal authority allows Trump to ban transgender women from women's sports unilaterally.
The California Interscholastic Federation, the state's governing body for high school sports, said the organization "provides students with the opportunity to belong, connect, and compete in education-based experiences in compliance with California law." The state education code says students can participate in school programs and extracurriculars, including sports, consistent with their gender identity.
At a press conference on Friday, state Senator Scott Wiener said the California Legislative LGTBQ Caucus is working to strengthen transgender sanctuary protections for young people.
This month, Wiener introduced SB 59, a bill intended to seal court records around gender transitions.
"We are actively looking at how to strengthen and expand that law to protect folks," Wiener said. "That is all in process. This is coming at us so quickly."
What People Are Saying
California Attorney General Rob Bonta told the Los Angeles Times: "Let me be clear: California law has not changed, and hospitals and clinics have a legal obligation to provide equal access to healthcare services."
USC law professor David Cruz told the San Francisco Chronicle: "I do not know any legal authority that would let Donald Trump unilaterally forbid transgender girls and women from playing in sex-segregated women's sports."
"We are actively looking at how to strengthen and expand that law to protect folks," Wiener said. "That is all in process. This is coming at us so quickly."
San Francisco City Attorney David Chiu, at a press conference on Friday: "While federal policies may shift, our city will remain committed to equity and safety for our trans community. We condemn these executive orders."
What Happens Next
Trump's orders are likely to face legal action. Several social justice groups announced Tuesday that they are suing the Trump administration over its new restrictions on gender-affirming care for children.
Meanwhile, it is currently unclear what the status of California's transgender laws will be.
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