Take two on trans rights

Presented by Californians for Energy Independence: Your afternoon must-read briefing on politics and government in the Golden State

May 22, 2024 View in browser   By Melanie Mason Presented by Californians for Energy Independence Assemblymember Chris Ward (D-San Diego) | Office of Assemblymember Chris Ward FORCING THE ISSUE: Last summer, an eleventh-hour effort by California’s LGBTQ lawmakers to stop so-called “forced outing” policies at local school boards fizzled without any legislation actually being introduced. Now the caucus is trying again, wagering the white-hot ferocity around the issue has cooled to a more manageable temperature. The Assembly bill from San Diego Democrat Chris Ward, which he unveiled today, would prohibit any local policy that requires teachers and school staff to notify a student’s parents about their sexuality or gender identity without the student’s consent. “We should not have anybody have their status or their identity retold to somebody else against their will,” Ward told Playbook. “These are principles that Californians overwhelmingly understand.” Proponents of the bill stress that this is not just an issue pertaining to transgender kids, but all students who may be grappling with their sexuality or gender expression. Still, issues pertaining to transgender rights — particularly trans youth — have been especially fraught in recent years. The last time the caucus was gearing up to introduce such a bill, the debate over parental notification was at a full-stage frenzy. Schools chief Tony Thurmond was forcibly removed from a Chino Valley school board meeting for speaking out against their policy. Attorney General Rob Bonta took the same district to court to block such rules from being enacted. “If we would have done this hearing last fall, it would have been a shitshow of everybody coming in to say horrible, horrible things about our trans kids,” said state Sen. Susan Eggman, the chair of the LGBTQ caucus. “That's what it turns into — which is not good for anybody's mental health.” Today, Ward’s bill was panned by a familiar chorus of detractors, including GOP Assemblymember Bill Essayli, who fired off a tweet calling the campaign against forced outings a “false narrative manufactured to prey on people’s emotions,” and, in another, declared simply: “Game on.” This particular culture war, though, seems to have dulled a bit in recent months as conservative media turns its focus to unrest on college campuses. An initiative that would require parents to be notified if their child changes their gender identity — among other restrictions for trans youth — is unlikely to qualify for the fall ballot. Two conservative school board members in Orange County were recalled and a similar effort to oust a board member in Temecula will be voted on next month. Chino Valley, the school district that sparked the “forced outing” fury, rescinded its policy, though Bonta has continued his lawsuit in hopes the court will definitively rule that such policies violate student privacy. Bonta and Thurmond are both on board with Ward’s bill, as are powerful lobbying groups such as Equality California, the California Teachers Association and the CFT. Supporters sound confident they can land the bill on Gov. Gavin Newsom’s desk, but are less certain about what happens when it gets there. Top aides to Newsom had joined the conversations last summer on the decision to hit pause. A Newsom spokesperson at the time said it was “imperative to turn down the noise of the culture wars.” The governor later vetoed a different transgender rights bill — one that would have asked courts to consider gender identity as a factor in deciding custody cases — in a move that infuriated and surprised members of the LGBTQ caucus. Newsom is quick to burnish his credentials as a champion for LGBTQ rights — this is the person who catapulted to the national stage as San Francisco mayor by issuing same-sex marriage licenses in the “Winter of Love” 20 years ago. But those close to him say he is cognizant that voter sentiment can be more muddled on trans issues and that getting out too far ahead could end up leading to backlash. A recent PPIC poll underscores the precarity of public opinion. The survey found that California voters were evenly split on whether schools should accommodate student requests to use their preferred pronouns. A spokesperson for Newsom said the governor typically does not weigh in on pending legislation and that he would evaluate the bill on its merits, should it reach his desk. Eggman, the caucus chair, said the group has been in conversation with the governor’s office — and expressed cautious optimism that he would sign the bill. “I think it would be very difficult for him not to,” she said, adding that the caucus didn’t seek a green light from the governor before proceeding. ”I think we have come up with a very good product. We think the time is right. We think the temperature has turned down a little bit. And so we could have this conversation in a civil kind of way.” IT’S WEDNESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to mmason@politico.com. A message from Californians for Energy Independence: As California transitions to a lower carbon energy economy, we should continue to produce the oil and gas we still need in-state, where it meets world-class environmental standards and our communities can benefit from the revenues. But instead, California energy policies are shutting down in-state oil production faster than we can build adequate replacement energy - increasing our dependence on more costly imported oil. Get the facts on California energy policies.   WHAT YOU NEED TO KNOW TODAY PLAYING IT SAFE: The Senate today advanced 15 public safety and drug addiction bills. The bipartisan package would impose additional penalties on organized retail theft, target the sale of stolen goods in online marketplaces, and increase resources for drug addiction treatment and rehabilitation, among other proposals. The legislative push comes as a ballot initiative to amend Proposition 47, the landmark 2014 criminal justice ballot measure, is expected to formally qualify in the coming weeks. Newsom — who supported the measure at the time — and top Democrats in the Legislature have said they want to address crime and retail theft legislatively without touching Prop 47. But efforts to negotiate the measure off the November ballot are coming up against the June 27 deadline to do so. (The Assembly is expected to vote on its own retail theft package later today.) Senate Pro Tem Mike McGuire stressed at a press conference after the votes that the bills would adequately address the issues of crime, retail theft and drug addiction without changing Prop 47 itself. He said he’s had encouraging discussions with the California Retailers Association, one of the groups backing the ballot measure, about the legislative package. “I don’t have a crystal ball to be able to determine if their initiative is going to go forward,” McGuire said. “But I also think that’s a question for [the measure’s proponents], and we’re going to continue having those discussions.” — Emily Schultheis   NEW! AN EXCLUSIVE CALIFORNIA BALLOT-MEASURES COVERAGE TEAM: The impact that ballot measures have on California residents, industries, and Legislature is enormous. From settling broad cultural questions to changing obscure governance rules, ballot measures in essence, have become the fourth branch of government in the most influential state capital in the U.S. As your go-to source for reporting on Golden State politics, policy, power, POLITICO has formed a new ballot measure team in California that will deliver in-depth insights into the strategies, policy ideas, personalities, money and influence driving ballot measures. LEARN MORE.     IN OTHER NEWS COURTROOM CHAOS: A judge’s sentencing error has scrambled the federal government’s case against David DePape, who was convicted of attempting to kidnap Rep. Nancy Pelosi and assaulting her husband, Paul, a new court filing today shows. U.S. District Judge Jacqueline Scott Corley admitted she failed to ask DePape if he wanted to address the court before sentencing him to 30 years in federal prison over the 2022 attack, and subsequently ordered a redo of the sentencing hearing to be held next Tuesday. DePape’s lawyers are now fighting that new hearing, pointing out his parallel state trial over the attack is starting soon. “The Court violated Mr. DePape’s rights when it sentenced him without inviting him to allocute,” DePape’s attorneys argued in the filing. “But it cannot now cure that error by disrupting his state trial and asking Mr. DePape if he has anything to say.” — Jeremy B. White   A message from Californians for Energy Independence:   STATE CAPITOL CLEAR-ING THE FLOOR: State senators had fun with puns today before passing a bill that would prevent the airport security screening company CLEAR from expanding to new airports. The labor-backed proposal, which sparked conversations around equity, safety and over-regulation, started off as an effective ban on CLEAR but was softened in committee to neutralize the company’s position. Under the latest version, CLEAR — which operates in nine California airports — would need to obtain federal approval to get its own dedicated security lanes before expanding to other airports. The bill would also ban new agreements between airports and third-party vendors to use the standard or TSA Pre-Check security lanes. “To be clear — no pun intended — this bill is not about banning or even harming CLEAR or its employees, its customers or any of its partners,” said Democratic state Sen. Josh Newman, the bill’s author. “This is not an attack on free enterprise or the profit motive, either. This is simply about finding a better basis for conducting the operations of expedited screening programs.” Even GOP state Sen. Kelly Seyarto, who voted against the bill, couldn’t resist quipping that Newman had made it “clear” what the bill was really about: intruding into TSA and federal oversight. “No pun intended, again,” Seyarto said. Business interests and several major airlines, including Delta, Alaska and Southwest, are still fighting the bill, which could see further amendments in the Assembly. — Eric He   THE GOLD STANDARD OF DEFENSE POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries, like defense, equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists. Our newsroom is deeper, more experienced, and better sourced than any other. Our defense reporting team—including Lara Seligman, Joe Gould, Paul McCleary, Connor O’Brien and Lee Hudson—is embedded with the market-moving legislative committees and agencies in Washington and across states, delivering unparalleled coverage of defense policy and the defense industry. We bring subscribers inside the conversations that determine policy outcomes and the future of industries, providing insight that cannot be found anywhere else. Get the premier news and policy intelligence service, SUBSCRIBE TO POLITICO PRO TODAY.     What We're Reading — California issued mandatory recalls on more than a dozen weed products that could be contaminated with toxic mold. (Sacramento Bee) — Hunter Biden wants to delay his California tax trial again. (The Washington Examiner) — Watch out Sam Altman: Scarlett Johansson’s clash with Open AI is making waves in Washington. (POLITICO) AROUND THE STATE — UCLA reassigned its police chief amid criticism over his handling of campus demonstrations. (San Diego Union-Tribune) — A group of spy satellites launched from Vandenberg Space Force Base in Santa Barbara County today. (United Press International) — San Francisco’s transit agency paid a woman $11 million after one of the city’s historic cable cars barrelled into her on a crosswalk. She allegedly suffered life-threatening injuries, including a traumatic brain injury and spinal fractures. (The San Francisco Standard) — compiled by Ariel Gans A message from Californians for Energy Independence: California faces growing inflation, a rising cost of living, and has some of the highest gas prices in the country. Now, California energy policies could make matters worse. That’s because California is shutting down in-state oil and gas production before we have adequate replacement energy. That forces our state to spend $25 billion a year importing more costly oil to meet our needs - sending billions that could be supporting California’s economy out of state instead. These energy policies threaten California’s access to reliable energy, while increasing our gas prices. As California transitions to a lower carbon energy economy, we should continue to produce the oil and gas we still need in-state, where it meets world-class environmental standards and our communities can benefit from the revenues - rather than increase our dependence on more costly imported oil. Get the facts on California energy policies.     Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Ottawa Playbook  |  Brussels Playbook  |  London Playbook View all our political and policy newsletters Follow us

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