Change of gender and sex identifier.

Senator Wiener's legislation expands confidentiality protections for court records related to gender marker and name change petitions, extending safeguards previously limited to minors to all individuals seeking these changes in California. The bill requires courts to keep confidential all petitions and associated documents for gender marker modifications, combined name and gender marker changes, and name changes that align with gender identity.

The measure establishes strict access controls, limiting pre-judgment record access to petitioners, adult co-signers, relevant guardians, and their attorneys. After judgment, access narrows further to only petitioners, adult co-signers, and counsel. Courts must seal these records upon request when petitioners demonstrate specific privacy criteria are met. By December 2026, these protections will apply retroactively to petitions filed within five years before the law's enactment.

The legislation creates enforcement mechanisms that take effect six months after enactment. Individuals harmed by unauthorized disclosures may pursue civil actions against private parties, with remedies including actual damages of at least $5,000, potential punitive damages, and attorney fees. The bill also enables parties to seek injunctive relief to enforce confidentiality requirements. These provisions stem from documented increases in harassment and violence targeting transgender individuals, with Department of Justice data showing a 10.2% rise in anti-transgender hate crimes between 2022 and 2023.