California lawmakers passed a bill Wednesday that would expand the state’s protection for trans people by blocking their medical data and sharing it with Republican-led states and law enforcement.
Senate Bill 497 is written by State Senator Scott Wiener (D-san Francisco). “Transexual Asylum Status” Law (also a law passed by Wiener) in 2022 and suffered persecution from external laws and policies, protecting trans people.
SB 497 will prohibit health care providers from releasing a person’s gender-affirming health care data through subpoena or based on the requirements of others’ laws.
The bill would also prevent law enforcement from using prescription drug data to receive or provide care for individuals.
Democratic-led states, including California Expanded the rights of LGBTQ+ people Republican-led states and Trump administration passes laws and policies Limit its rights.
Wiener has written several bills focusing on trans rights and has been on social media with Republicans and other critics about the issue.
On Thursday, he criticized Rep. Anna Paulina Luna (D-Florida) for blaming Democrats on Wednesday for the murder of Democrat Charlie Kirk. Among other things, Luna accused Democrats of “rising children” and “cutting genitals” on X.
“They always bring it back to trans people,” Wiener wrote. “Always. That’s what fascists do: find a group that blames everything and blames it on that group. It can make your base feed with red meat.”
California leaders believe that SB 497 reiterates the safe haven in California in the face of President Trump’s campaign to cut trans rights.
The term “gender affirmative care” can refer to treatment, hormone blockers, or surgical procedures.
“California must do everything possible to protect trans communities and I believe the governor will continue his long-term leadership on trans issues,” Vienna said in a statement after the bill passed.
The Senate passed a 30-10 bill on Wednesday and is now heading to Gov. Gavin Newsom for consideration.
The Wiener office cited a 2024 study by Northwestern Law School and other academic institutions researchers, and found that law enforcement can access testosterone prescription data in state databases, such as in nearly half of states, including California (including half of our U.S. states).
Vienna’s bill, if signed, would protect patients and providers from federal officials, attempt to access state databases of patients’ prescription history without warrants, subpoenas or court orders.
It also imposes fines on parties who attempt to obtain medical data without an arrest warrant.
Trump condemned gender-affirming care as “dismemberment” and called on U.S. Department of Justice officials to effectively enforce the ban, including through investigations into health care providers.
The Justice announced in July that it had sent more than 20 subpoenas to doctors and clinics involved in transgender medical procedures for youth. The department’s investigations include health care fraud, false statements, and more.
