Gov. Gavin Newsom vetoes 3 pro-LGBTQ+ bills after signing several into law in September

Despite being in favor of LGBTQ+ rights, California Gov. Gavin Newsom (D) has vetoed three pro-LGBTQ+ bills, citing reasons of legality and ambiguity.

On October 7, Newsom vetoed both Assembly Bill 1432 and Assembly Bill 1645. The former sought to require out-of-state health insurance plans used by California residents to cover gender-affirming care, as well as abortion and abortion-related services. The latter would prohibit health plans from instituting copays for specific preventative health services, including PrEP, used to prevent HIV.

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In the letter explaining his veto of A.B. 1432, Newsom praised the bill for striving to help Californians access abortion and gender-affirming care services but added that it missed the mark.

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“It is a priority of my Administration to ensure that abortion and gender-affirming care are safe, legal, and accessible. However, it is not evident that out-of-state health insurance plans serving Californians do not already cover this care. Further, though well intentioned, this bill could invite litigation where an adverse ruling would outweigh a potential benefit.”

He expressed similar praise for the goals of A.B. 1645.

“I appreciate the author’s efforts to increase access to preventive health care, including human immunodeficiency virus (HIV) and STI testing, colorectal screening, and other services.”

But he said that parts of the bill deviate from both state and federal law, “such as the existing policies for reimbursement to non-contracted providers.” He added that the bill “exceeds the cost-sharing provisions under the Affordable Care Act” and “would result in increased costs to health plans passed on to consumers through premiums.”

The following day, Newsom vetoed Assembly Bill 524, which sought to outlaw employment discrimination based on family caregiver status. LGBTQ+ activists supported the legislation due to the fact that many care for chosen family members that they may not be legally related to.

“During my tenure as Governor I have consistently advanced policies to help parents and families,” Newsom wrote in his veto letter, “including expanding paid family leave and increasing the state’s investment in childcare.”

He again said he respected the bill’s intent but worried it would place too big a burden on employers, “particularly small businesses, especially given the ambiguous nature of the language.”

He said the bill was not clear on what actions are considered unlawful discrimination and what are considered legal denials of “special accommodations.” Newsom predicted the bill would lead to expensive litigation for California employers.

Newsom also vetoed a bill at the end of September that would have required judges to consider parents’ support for their trans children when ruling on custody and visitation arrangements. It would not have required judges to rule in favor of a more supportive parent, but rather just take that specific quality into conservation.

The bill enraged the anti-trans right, who said it would take children away from parents if they didn’t support their transgender children enough, which experts said was a mischaracterization of the bill.

Newsom’s statement explaining the veto said he still has “a deep commitment to advancing the rights of transgender Californians” but that he urges “caution when the executive and legislative branches of state government attempt to dictate — in prescriptive terms that single out one characteristic — legal standards for the judicial branch to apply.”

He said “other-minded” officials “could very well use this strategy to diminish the civil rights of vulnerable communities.”

At around the same time, Newsom also signed nine bills focused on supporting LGBTQ+ youth.

One of the bills signed requires foster families to demonstrate their willingness to meet the needs of potential foster children regardless of their sexual orientation or gender identity. Another creates an advisory task force to determine the needs of LGBTQ+ students.

A third sets timelines for required cultural competency training for public school teachers and staff. A fourth measure requires all California schools serving first through 12th grade to have at least one gender-neutral bathroom available for students by 2026.