Attorney General Bonta Commends District Court’s Decision Upholding Gender-Affirming Care for Transgender Individuals

OAKLAND — California Attorney General Rob Bonta issued a statement following the U.S. District Court for the Eastern District of California’s order granting the California Department of Justice’s motion to dismiss the second amended complaint challenging the constitutionality of Senate Bill 107 (SB 107), also referred to as California’s Transgender Sanctuary State Law. Authored by Senator Scott Wiener (D-San Francisco), SB 107 provides legal protections for families who come to California to obtain gender-affirming care that is inaccessible where they live, as well as doctors and staff providing such care in California. It implements various safeguards against the enforcement of other states’ laws that would penalize people for obtaining medically necessary care that is legal in California.

“No one should ever be marginalized for seeking the care they need,” said Attorney General Bonta. “The court’s decision is a major win for transgender children and their families in California and across the U.S. amidst a growing assault on LGBTQ+ rights nationwide. My office stands ready to defend SB 107 to ensure transgender and gender-nonconforming individuals obtain the care that empowers them to lead healthier, happier lives.”

In the dismissal without leave to amend, the court dismissed the lawsuit on Article III standing grounds, finding that the plaintiff failed to allege that SB 107 injured them in any way, and failed to allege any facts showing that SB 107 forced the plaintiff to divert staff time and resources.

Attorney General Bonta is committed to safeguarding the health care rights of all:

• In March, Attorney General Rob Bonta led 19 attorneys general in filing an amicus brief in BAGLY et al. v. HHS, et al. in support of the plaintiffs’ motion to vacate the Trump Administration’s 2020 federal rule, which strips nondiscrimination protections in Section 1557 of the Affordable Care Act.
• In January, Attorney General Bonta joined 19 attorneys general in a multistate amicus brief in support of the Transgender American Veterans Association’s (TAVA) petition for increased access to gender-affirming care for transgender veterans in TAVA v. Veterans Affairs.
• In December 2023, Attorney General Bonta led 20 attorneys general in filing an amicus brief in Dekker v. Weida in support of transgender rights and equal access to health care.
• In November 2023, Attorney General Bonta led 21 attorneys general in an amicus brief opposing a state law in Oklahoma, severely blocking the ability of transgender youth to access critical, lifesaving gender-affirming care.
• In September 2023, Attorney General Bonta led a multistate coalition of 20 attorneys general in opposing a state law in Indiana that severely blocks the ability of transgender youth to access critical, lifesaving gender-affirming care.
• In August 2023, Attorney General Bonta led a multistate coalition in filing an amicus brief opposing state laws in Kentucky and Tennessee restricting transgender youths' access to critical and lifesaving health care.
• In May 2023, Attorney General Bonta led a multistate coalition in supporting a challenge to a Florida rule restricting access to gender-affirming care and joined another multistate coalition defending a Colorado law that prohibits gay and transgender conversion therapy on children and youth.