What laws protect me or my transgender, gender diverse, or intersex child in California?
How will recent federal attacks impact me and my family?
What steps can I take if I am discriminated against?
What organizations can I contact for more information and/or help?
Where can I find additional resources about my rights?

1

What laws protect me or my transgender, gender diverse, or intersex child in California?

California has a number of laws that protect transgender, gender diverse, and intersex individuals in various settings, including at school, in employment, and in access to health care. Some of these laws are listed below.

General non-discrimination protections

California prohibits business establishments (including nonprofits serving the public and health care providers) and government entities from discriminating against individuals on the basis of sex, gender identity, gender expression, sexual orientation, and transgender status. These laws also bar discrimination based on perceived sexual orientation or gender identity, and based on relationship to someone who is LGBTQ. Cal. Civil Code §51; Cal. Gov. Code §§ 11135, 12926; 2 Cal. Code Reg. §§ 14000 et seq.

Schools

California prohibits public schools and non-religious private schools from discriminating on the basis of sex, gender, gender identity, gender expression, sexual orientation, and transgender status. Students have the right to go by their chosen name and pronouns, to express their gender, to participate in sports and other activities based on their gender, to use restrooms based on their gender, and to update the name and gender on their records during or after schooling. Cal. Education Code §§ 220, 221.5(f), 49062.5, 49070. See here for more information.
California prohibits schools from requiring teachers and other school staff to disclose any information related to a student’s sexual orientation, gender identity, or gender expression to any other person without the student’s consent unless otherwise required by state or federal law. Cal. Ed. Code § 220.3. However, the Supreme Court has recognized parents’ right to opt in to receiving notification of a student’s request for a change of name and/or pronoun at school as discussed below.
California requires public schools to take affirmative steps to prevent bullying based on sexual orientation or gender identity, and school staff must intervene if they witness bullying. Cal. Ed. Code § 234 et seq.; see here for more information.
California also prohibits banning books, instructional materials, or curricula that include the lived reality of diverse and inclusive perspectives, including books and material by and about LGBTQ+ individuals. Cal. Ed. Code § 243.

Health care

California supports access to gender-affirming medical care[1] for both adults and young people. Cal. Civ. Code § 1798.301. Managed Care Plans and Health Insurers licensed by the state of California must cover medically necessary gender-affirming care for adults and children. Cal. Health & Safety Code § 1365.5; Cal. Ins. Code § 10140; 10 Cal. Code Reg. §§ 2561.1-.2. Medi-Cal also covers medically necessary gender-affirming care for adults and children. DHCS All Plan Letter 20-18. California’s Attorney General has affirmed that health care providers must continue to follow California law regarding access to gender-affirming care. See AG’s February 5, 2025 letter,November 13, 2025 Know-Your-Rights Guidance , and April 22, 2026 Legal Alert for health care facilities and providers.
California has taken a number of steps to protect families accessing gender-affirming care here, and health care providers, from prosecution by other states. California also protects against the release of medical information if the information is requested pursuant to another state’s law banning gender-affirming care. Cal. Civil Code §§ 56.108, 56.109, 1710.50, 1798.99.90 et seq., 1798.300 et seq.; Cal. Code of Civil Proc. §§ 2029.300, 2029.350; Cal. Family Code §§ 3421, 3424, 3427, 3428, 3453.5; Cal. Penal Code §§ 819, 847.5(b) and (c), 1326, 1549.15, 13778.3; Cal. Bus. & Profs. Code §§ 850.1, 852, 2746.5; Cal. Health & Safety Code § 1375.61; Cal. Ins. Code §§ 10133.641, 11589.1; Cal. Welf. & Inst. Code §§ 14123(b)(2), 14043.6(b). See here for more information. California prohibits discrimination against LGBTQ+ individuals in long-term care facilities. Cal. Health & Saf. Code §§ 1439.50-1439.54.
California requires that transgender, nonbinary, and gender expansive youth in foster care have access to gender-affirming care based on prevailing standards of care.Cal. Welf. & Inst. Code §§ 16001.9, 16010.2.

[1] California defines gender-affirming care as “medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient.”Cal. Welf. and Inst. Code § 16010.2(3); Cal. Civ. Code § 1798.300.

Employment

California prohibits discrimination and harassment in the workplace based on actual or perceived sex, gender identity, gender expression, transgender or transitioning status, or sexual orientation. Employers must honor transgender workers’ lived names and pronouns and allow them to use gender-appropriate restrooms. Cal. Gov’t Code § 12940(a); 2 Cal. Code Reg. § 11034(e)(2), (h), (i)(4).

Housing

California prohibits discrimination in housing based on actual or perceived sex, gender identity, gender expression, or sexual orientation. This includes emergency shelter settings. Cal. Gov’t Code § 12955.

Child custody

California prohibits discriminating against LGBTQIA+ parents when determining custody of children. Cal. Family Code § 3011.

Name changes

California allows individuals to legally change their names to conform to their gender identity, by filing a petition in state court and obtaining a name change court order. Cal. Code Civ. Proc. § 1279.5. Records are automatically confidential for adult name change proceedings initiated on or after July 1, 2026, and are automatically confidential for name change proceedings for minors initiated on or after January 1, 2024. Cal. Health & Safety Code §§ 103437(c) and (d).
A person who previously obtained a name change to conform to their gender identity through a California court can contact the court to make the records of that proceeding confidential.

Identification and birth certificates

California allows individuals to self-attest to their gender marker when applying for a driver’s license or state identification card, updating a California birth certificate, or petitioning a court for a gender marker change order. Cal. Health & Safety Code §§ 103426, 103430; Cal. Vehicle Code § 12800.

Prison

California requires state prison officials to house and search transgender, gender-diverse, and intersex individuals based on their gender if they so request, with limited security exceptions. Cal. Penal Code § 2605 et seq.

2

How will recent federal attacks impact me and my family?

There have been a range of recent federal actions targeting LGBTQ+ people. These include:

Executive Orders

President Trump has issued several Executive Orders targeting LGBTQ+ people. An Executive Order alone does not take away any of your rights, and these Executive Orders by themselves do not change California or federal law.

Federal Agency Actions

Federal agencies have begun implementing President Trump’s anti-LGBTQ+ Executive Orders, as well as taking independent actions aligned with the goals of the anti-LGBTQ+ Executive Orders. We will try to provide updates about these and other federal developments that impact LGBTQ+ rights in California.

In April 2025 and again in July 2025, the U.S. Department of Justice (USDOJ) issued directives characterizing gender-affirming health care for young people as “fraud” and “exploitative” and instructing federal lawyers to prioritize investigations of institutions, individual providers, and pharmaceutical companies. The USDOJ also sent civil subpoenas to at least 20 health care institutions around the country demanding information about gender-affirming care provided to young people. A number of health care entities and parents are fighting the subpoenas in court. In addition, California is one of 17 states participating in a lawsuit, Massachusetts v. Trump, which was filed in August 2025 and alleges that the USDOJ’s directives and all efforts to enforce them (such as subpoenas) are illegal and unconstitutional.

In 2026, the USDOJ began additionally pursuing grand jury subpoenas, through a Texas federal court, against institutions around the country that have provided gender-affirming care to young people, including Lucile Packard Children’s Hospital at Stanford, but a federal court then issued a temporary restraining order blocking USDOJ from seizing California families’ confidential medical records.

In December 2025, the U.S. Department of Health & Human Services published proposed regulations that would exclude gender-affirming care for youth from coverage under Medicaid programs and Children’s Health Insurance Programs (CHIP), including Medi-Cal, and would limit federal funding for hospitals that provide gender-affirming care for youth, but these proposed rules are not in effect and will be challenged in court.

In July 2025, the USDOJ filed a lawsuit alleging that California’s laws and policies allowing transgender student-athletes to compete on gender-appropriate teams violate federal anti-discrimination law. In June 2026, the U.S. Supreme Court upheld the legality and constitutionality of Idaho and West Virginia laws banning trans student-athletes from competing on gender-appropriate teams. However, California’s protections of all students’ right to participate in sports based on their gender identity remain in effect. Equality California Statement on BPJ and Hecox Decisions. The State of California has also filed its own lawsuit against the federal government, seeking to protect the rights of transgender student-athletes and California’s education funding.

5

Where can I find additional resources about my rights?

California Department of Justice: LGBTQ+ Discrimination Rights webpage
California Civil Rights Department: Civil Rights at California Businesses
Lawyers for Good Government: Policy Resource Hub for Transgender Rights
Advocates for Trans Equality: Trans Legal Survival Guide
ACLU SoCal: California LGBTQ Employment Rights resource
California Civil Rights Department: The Rights of Employees Who Are Transgender or Gender Nonconforming fact sheet
California Department of Justice: Know Your Rights: Gender Affirming Care
California Department of Insurance: Equal Access to Health Insurance: Coverage for Transgender Californians webpage
California Department of Health Care Services: Medically Necessary Gender-Affirming Care Services Covered for Medi-Cal Members
California Department of Managed Health Care: TGI Care webpage
California LGBTQ Health & Human Services Network: Gender-Affirming Care Resources page
National Health Law Program: An Advocate’s Guide to Accessing Gender-Affirming Care in California
ACLU and partners: Q&A: DOJ Subpoenas Sent to Healthcare Facilities Treating Trans Youth
National Health Law Program and partners: FAQ on Obtaining Gender-Affirming Care Outside the United States
ACLU: Q&A, Orr v. Trump [Class action lawsuit re passport gender markers for transgender, nonbinary, and intersex folks]
Lambda Legal: Passport and Identity Document Information for the Transgender Community
California Rural Legal Assistance, Inc., and partners: SB 59 [Name and/or Gender Marker Change] Confidentiality Request Toolkit
Judicial Council of California’s instructions and forms to Change Your Name to Match Your Gender Identity
Advocates for Trans Equality and partners’ explanation of President Trump’s Day 1 Anti-Transgender Executive Order: What You Need To Know
California Attorney General’s Executive Order and federal attack responses: Statement on President Trump’s Executive Order Targeting the LGBTQ+ Community | State of California - Department of Justice; Attorney General Bonta: California Schools Will Remain a Welcoming, Inclusive, Safe Place for All; “We Have Your Back”: A Message to Trans Students from State Attorneys General
California Department of Education’s Executive Order and federal attack responses: Affirmation of Continued Protections on the Basis of Gender, Gender Expression, Gender Identity, and Sexual Orientation; Responses to Federal Actions & Communications

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What laws protect me or my transgender, gender diverse, or intersex child in California?

How will recent federal attacks impact me and my family?

What steps can I take if I am discriminated against?

What organizations can I contact for more information and/or help?

Where can I find additional resources about my rights?

1

What laws protect me or my transgender, gender diverse, or intersex child in California?

General non-discrimination protections

Schools

Health care

Employment

Housing

Child custody

Name changes

Identification and birth certificates

Prison

2

How will recent federal attacks impact me and my family?

Executive Orders

Federal Agency Actions

5

Where can I find additional resources about my rights?

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