By Karishma Patel
On January 28, 2025, President Trump’s executive order titled “Protecting Children from Chemical and Surgical Mutiliation” claimed that gender affirming care for transgender youth is the same thing as female genital mutilation/cutting (FGM/C).
A Joint Statement by Sahiyo, The U.S. End FGM/C Network, Equality Now, and The World Professional Association for Transgender Health stressed that conflating FGM/C with gender affirming care, “exploits the condemnation of FGM/C to provoke opposition to trans-related healthcare”. When FGM/C is conflated with gender-affirming care, the inaccurate politicization of a harmful practice is used to not only harm the transgender community but also hinder efforts to protect survivors and prevent FGM/C in the United States. These organizations further emphasized that this inaccurate description of FGM/C and gender affirming practices must be challenged.
This moment showcases why California must make addressing FGM/C a priority. It is especially critical since the state’s current FGM/C law was passed over 30 years ago and remains limited in its scope.
California adopted AB 2125 in 1996, but the law does not provide a comprehensive approach regarding prevention and survivor support. For instance, the law can be strengthened to include clauses that support civil remedies for survivors and the statute of limitations beyond 2 years. Additionally, adding a distinction between FGM/C and gender-affirming care will ensure survivors and members of the transgender community are supported.
Moreover, this law also states that, regarding California taking a proactive approach on FGM/C prevention, they would “make recent immigrants aware” of California laws in relation to FGM/C. The language of AB 2125 needs to be updated to no longer target immigrant communities, both in its wording and implementation. This language unintentionally leaves out survivors who are first- or second-generation born who have undergone FGM/C, as well as communities that have resided in the United States for generations.
California has already seen efforts by legislators to strengthen its FGM/C law. During the 2023-2024 legislative session, AB 798 was introduced by Assembly Member Akilah Weber to update California’s law by specifying that consent, religion, custom, ritual, or standard practice cannot be used as defenses, and that the removal of a minor from the state can be used as circumstantial evidence. Additionally, the bill would have included a state-mandated local program.
AB 798 passed on the Assembly floor unanimously (80-0) and then passed the Senate Public Safety Committee (5-0). However, the bill was held under submission and ultimately died once the legislative session was over.
California legislators, survivors, and community members have shown that they believe the state needs to address FGM/C at the present date. Now, California must promote and pass legislation to protect women and children, and make it clear that FGM/C should not be co-opted and used to bolster opposition towards gender-affirming care.
Read more:
Conference on Gender, Female Genital Mutilation/Cutting, and Harmful Conflations
