*Keep Prisons Single Sex' international section:
'California'
(extract)
"The USA has no national laws regarding gender identity (yet) and each state does things very differently. California is the largest state by population and has the largest population of incarcerated women. They also have the weakest legal protections for females, in favour of “gender identity” policies. As such, California is a good proxy for the USA as a whole and a fairly accurate representation of where the nation will end up if it keeps down this path.
The issues facing women in prison in California, including their offending patterns, vulnerabilities and needs mirror those faced by women in prison in the UK. The number of women in prison in California is approximately 15,000. This is around 9.5% of the total prison population.
The law on gender recognition
An individual may apply to any Superior Court for a court order to change their gender.
There is no requirement for a diagnosis of dysphoria nor any medical or surgical reassignment. There is no requirement to have ‘lived’ in the acquired gender for any period of time. Self-ID is sufficient. Applicants are not required to make any declaration, save that the application is not made for any fraudulent purpose. No supplementary documentation is required to support the application. The application for is a single page asking for a minimal amount of personal information. Unless a written objection is filed within 28 days of the filing of the petition, showing good cause for opposing a court order recognizing the change in gender, the court will grant the petition without a hearing.
If the judge approves the request to change gender, the judge will sign the Order Recognizing Change of Gender and for Issuance of New Birth Certificate. This can be used to obtain a new birth certificate with the sex marker changed to reflect the new gender. However, a court ordered recognition of gender change is not required in order to change a California driver's license, social security card, or U.S. passport. It is also not required to have a new birth certificate issued reflecting a change of gender. Interestingly, the link provided by California Courts to obtain information about how to do this takes you to the Transgender Law Center. TLC describes itself as “the largest national trans-led organization advocating for a world in which all people are free to define themselves and their futures.”
The process for changing name is separate to the process for changing gender: if the applicant also wants to change name, a separate court order must be applied for.
Parents/legal guardians may also apply on behalf of a child to change that child’s gender.
Single-sex spaces
There is no specific legislation that mandates for single-sex spaces and there are no laws that protect, for example, single-sex bathrooms or locker rooms in public places. The Civil Rights Act of 1964 has a provision for sex-segregated bathrooms, but the regulatory agency produced regulations on “gender-separated” bathrooms instead.
The courts have been increasingly interpreting “sex” as the same as “gender identity” and this is likely to both continue and increase. This means that “women” in civil rights law no longer necessarily means “adult human female” and can mean someone who identifies as a woman." (continues)
www.keep-prisons-single-sex.org.uk/california