This week, California lawmakers enacted a law aimed at safeguarding the sensitive medical records of transgender patients amid state investigations into gender-affirming care for minors, which is prohibited in some areas.
Senate Bill 497, introduced by Senator Scott Wiener, a Democrat from San Francisco, builds on previous legislation from 2022 and establishes California as a sanctuary for transgender individuals. The law shields trans youth, their families, and healthcare providers from legal repercussions in states that outlaw gender-affirming care, as long as the treatment was provided in California.
As stated by Wiener’s office, the new bill mandates that any requests for health information concerning transgender individuals in California must be accompanied by a warrant. It also prohibits healthcare providers from fulfilling any requests, including subpoenas, related to gender-affirming care.
“California must do everything in our power to protect the trans community, and I am confident that the governor will continue his long-standing leadership on the issue of trans,” Wiener expressed in a statement following the bill’s passage.
The California Senate approved the bill with a vote of 30-10 on Wednesday, following earlier approval from the state legislature. A representative for Governor Gavin Newsom declined to comment, noting that the governor’s office typically refrains from discussing pending legislation.
Newsom has until October 13 to either sign or veto the bill.
The push for Senate Bill 497 comes in the wake of the Justice Department’s announcement in June, revealing over 20 subpoenas issued to healthcare providers connected to transgender medical procedures for minors, as part of an investigation into alleged medical fraud. One subpoena to the Philadelphia Children’s Hospital, disclosed in a recent court filing, sought extensive records related to patients under 19, including personal information and care details dating back to January 2020.
A federal judge recently blocked the Trump administration’s attempt to obtain medical records of transgender patients who received gender-affirming care at Boston Children’s Hospital, describing the Justice Department’s inquiry as “motivated solely by malicious intent.”
In a message on Friday, a spokesperson for Wiener indicated that, if signed, Senate Bill 497 would strengthen the legal stance of healthcare providers against the prior administration’s attacks on the transgender community.
The Trump administration is endeavoring to impose a ban on gender-affirming care for minors, with a Presidential Order issued in January stating that it would “strictly enforce” laws against transition-related care for individuals under 19.
Numerous federal judges have already obstructed some of the administration’s actions that threatened hospital funding. Since 2021, over half the states have enacted laws banning gender-affirming care for minors, despite significant opposition from major medical organizations that argue such care is necessary and often life-saving for transgender youth and adults. The Supreme Court ruled in June that states can restrict treatment for minors, including Tennessee’s ban on specific surgeries and medications for adolescents, without constituting sex discrimination.
