The trans bill that wasn’t

From: POLITICO California Playbook - Thursday Sep 21,2023 01:02 pm
Presented by Californians for Energy Independence: Inside the Golden State political arena
Sep 21, 2023 View in browser
 
POLITICO California Playbook

By Dustin Gardiner, Lara Korte, Melanie Mason and Jeremy B. White

Presented by Californians for Energy Independence

LGBTQ supporters hold a rally outside the Los Angeles Unified School District headquarters as they stand against the Leave Our Kids Alone, a group opposing LGBTQ education, at a demonstration in Los Angeles, Tuesday, Aug. 22, 2023. (AP Photo/Damian Dovarganes)

LGBTQ supporters held a rally outside the Los Angeles Unified School District headquarters on Aug. 22, 2023. | AP

DRIVING THE DAY: Gun violence survivors and safety advocates will rally on the steps of the Capitol this afternoon.

They’re calling on Gov. Gavin Newsom to sign Assembly Bill 28, Jesse Gabriel’s measure that would put an 11 percent tax on firearm and ammunition sales in California — money that would be directed to school safety and violence prevention programs.

THE BUZZ — California's LGBTQ lawmakers are taking a beat to fine-tune their response to school boards adopting policies that could out transgender kids.

Members of the LGBTQ caucus plan to spend the next few months working with advocacy groups to strategize and conduct polling before introducing any legislation to counter what has become a pet cause of conservative school boards and their supporters.

A growing number of school districts, under pressure from conservative groups, have adopted policies that contradict state guidance and require that parents be notified if their child identifies as transgender. The state’s guidance urges teachers to get a student's consent before revealing their gender identity.

It’s a picture that has only gotten murkier with recent, conflicting court rulings. U.S. District Judge Roger Benitez ruled last week that the state policy violates parental rights. The decision challenges an earlier federal ruling that favored student privacy.

California Attorney General Rob Bonta got involved last month — suing one of the districts for what the state sees as a violation of the privacy of trans students. Democratic lawmakers in Sacramento have not been as quick to act, recognizing that the path forward has potential pitfalls.

Members of the LGBTQ Caucus considered introducing a bill during the most recent legislative session that would have banned school districts across California from revealing the gender identity of students to their parents without consent.

The LGBTQ lawmakers pulled back at the last minute, and the Legislature adjourned for the year without touching the school board issue.

The reason for their decision has been the subject of speculation around the Capitol. Lawmakers who spoke with Playbook said it was a mixture of factors, including wanting to ensure the measure is legally sound and that it’s combined with a strong public-messaging campaign.

“We want to make sure that we’re prepared to engage in public education about this that’s effective and that helps people understand this isn’t about harming relationships with their kids,” said Assemblymember Rick Zbur, the former executive director of Equality California.

Another factor in the decision was input from Newsom’s office, according to two members of the LGBTQ Caucus who were granted anonymity to speak about internal discussions.

The lawmakers said the caucus had been divided between two factions: One that favored quick action and another that wanted to take a more measured approach.

That’s when Newsom’s office intervened. Chief of Staff Dana Williamson and Legislative Affairs Secretary Christy Bouma held a conference call with leaders of the LGBTQ Caucus about pausing their effort, according to the two legislators who spoke on condition of anonymity and were briefed on the call. Days later, lawmakers opted to shelve the bill.

From the perspective of Newsom’s administration, it was less of an ask to hold the bill and more of a conversation about how to approach the issue thoughtfully, according to an administration official with knowledge of the call who was granted anonymity to discuss a private meeting.

The governor’s office responded to a request from Playbook with a statement: “It’s imperative we turn down the noise of the culture wars and approach this topic with grace and humility. The administration is proud to be working with the LGBTQ Caucus to ensure thoughtful policy solutions that uplift our state’s most vulnerable communities, protect children, and empower parents and families.”

State Sen. Susan Eggman, who chairs the caucus, said Newsom’s advisers questioned if it was the right time for the bill or if it could explode into a rightwing media firestorm. She said the governor’s office never told them to hold the bill. “I never felt bossed,” Eggman added.

The day Bonta sued Chino Valley Unified over its policy, Assemblymember Chris Ward, the caucus’ vice chair, told POLITICO he was holding the trans bill.

“We want to make sure that we were including the governor's office and others in that conversation and needing a little bit more time,” he said in a follow-up interview.

— with help from Blake Jones

HAPPY THURSDAY. Thanks for waking up with Playbook. 

 

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California is an energy island, forced to rely on foreign oil. That’s because with no pipelines and limited rail transport, if we aren’t producing the oil we need locally - it has to be imported from overseas. Shutting down California’s highly-regulated local production before we have enough alternative energies in place - increases our dependence on volatile foreign countries for the oil we still need, risking access to reliable energy while increasing prices for Californians. Learn More

 

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WHERE’S GAVIN? Back in California after attending Climate Week in New York City, and eyeing several hundred bills on his desk.

FRESH INK

Gavin Newsom speaks on the U.N. floor with member states around him.

California Gov. Gavin Newsom speaks at the U.N. climate summit. | United Nations Livestream

HERE’S WHAT YOU MISSED AT CLIMATE WEEK — Newsom is back from his whirlwind spin through the Big Apple, where he spent the week flaunting his climate bonafides, racking up national headlines, and kissing the ring of the Biden-Harris administration.

You’d be forgiven for not keeping track of gubernatorial news — there was a lot — so here’s a quick recap of the most important storylines from NYC Climate Week. As a reminder, if you’re looking for day-to-day updates on California climate news, subscribe to our evening newsletter. 

The upshot on the longshot — California for years has been contemplating legal action against oil companies for their role in climate change, and this week, Newsom and AG Bonta stepped up to the plate. The lawsuit, which was first reported by the New York Times, accuses the nation’s top oil and gas producers of knowing about the link between fossil fuels and catastrophic climate change for decades but suppressing and spreading disinformation on the topic to delay climate action.

A win for Wiener — Speaking of big corporations, Newsom also vowed to sign state Sen. Scott Wiener’s bill requiring companies earning at least $1 billion per year and doing business in the state to disclose their scopes 1, 2 and 3 emissions.

Old pals — The governor talked wages and caregivers with former Secretary of State Hillary Clinton, as part of the Clinton Global Initiative 2023.

The international angle — Sitting alongside dozens of other global dignitaries, the governor on Wednesday delivered remarks at the United Nations Climate Ambition Summit. In classic Newsom style, he bragged about California as America’s “coming attraction,” reminded folks that it was actually Ronald Reagan who started the modern environmental movement, and called out the “deceit and denial” of the oil industry.

That question — No, he’s not running for president in 2024, Newsom said in another round of broadcast interviews, reiterating his disinterest in the White House for the umpteenth time. Instad, he lavished praise upon President Joe Biden and Vice President Kamala Harris. 

 

GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.

 
 
WHAT WE'RE READING TODAY

PORTER HITS THE STYLE SECTION — Just a few years ago, Rep. Katie Porter was feeling defeated. But as she tells The Washington Post in a recent profile, she’s now ready to step into something bigger. “With Senator Feinstein ending her service, with Nancy [Pelosi] not being speaker” and “with Gavin [Newsom] on a different path, shall we say, there are big shoes to fill in California, politically,” she says. (The Washington Post)

LABOR LESSON — With the Hollywood strikes dragging on, maybe now is a good time to figure out exactly what they’re fighting over. The LA Times tells us why residuals — the system of payouts that writers and actors earn when a project they’ve worked on gets replayed — are such a battleground. (The Los Angeles Times)

THE HUMAN ANGLE — As GOP governors continue shipping migrants across California’s borders, CalMatters’ Justo Robles takes us inside one migrant’s journey after being dropped on Sacramento streets last fall. (CalMatters)

 

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MEA CULPA — Yesterday’s Playbook incorrectly listed Assemblymember Alex Lee among the endorsers of Rep. Barbara Lee’s senate campaign.

 

A message from Californians for Energy Independence:

Experts warn that shutting down our highly-regulated local oil production, before we have enough alternative energies in place, risks California's access to reliable energy. As an energy island, with no pipelines and limited rail transport from other states, any energy we don’t produce locally must be imported from overseas - forcing our state to depend on volatile foreign countries for the oil we still need.

Eliminating local energy production doesn’t decrease consumption - it just changes where our energy comes from. California should continue to produce the oil and gas we still need here at home, rather than trade our highly-regulated, local energy for more costly foreign oil from countries without our world-leading environmental, labor, and human rights standards.
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