What Is the Gender Identity Law That Infuriated Elon Musk?

On July 16, 2024, American billionaire Elon Musk announced his intention to move the headquarters of his two giant companies, X (formerly known as Twitter) and SpaceX, from California to Texas.

Musk expressed his frustration in a post on X due to a new law signed by California Governor Gavin Newsom concerning transgender children in public schools.

This controversial law prohibits schools across all educational stages in California from requiring teachers to inform parents about changes in a student's sexual orientation and gender identity.

Governor Gavin Newsom signed the bill on July 16, which prevents teachers from notifying parents if their child requests a change in name or pronouns.

In his post announcing the relocation, Musk stated, "This is the final straw."

“Because of this law and the many others that preceded it, attacking both families and companies, SpaceX will now move its HQ from Hawthorne, California, to Starbase, Texas,” he added.

Nature of the Law

The new California law is personal for Elon Musk. In 2022, People magazine reported that Musk's 18-year-old son legally changed his name and gender to Vivian Jenna Wilson, adopting his mother Justine Wilson's maiden name instead of Musk.

This law also poses a significant challenge to the Muslim community in the country, which, according to the Pew Research Center, numbers around 3.45 million, representing 1.1 percent of the population.

Observers believe this law could ignite similar measures in many U.S. states and potentially worldwide, threatening rapid and harsh moral changes.

Key provisions of the law include granting transgender students the full freedom to express their gender identity in school, including using their chosen names and preferred pronouns.

The law prohibits any form of discrimination or criticism against transgender students. It ensures the privacy of transgender students, preventing the disclosure of their gender identity without their consent.

The law also mandates schools to create a supportive environment, including providing staff with training on how to support transgender students.

The most controversial point of the law is that it prevents schools from notifying parents about their child's gender identity without the student's consent.

Other States

In addition to California, several other U.S. states have adopted similar laws to protect the rights of transgender students in public schools.

In Massachusetts, state laws prohibit discrimination based on gender identity in public schools. Schools are required to respect the names and pronouns chosen by transgender students and protect them from bullying. Students are also entitled to use facilities that align with their gender identity, such as bathrooms and locker rooms.

Minnesota has similar regulations, banning discrimination based on gender identity in schools and mandating that schools provide a supportive environment for all transgender students. This includes ensuring the confidentiality of personal information related to their gender identity, away from their parents.

New York and New Jersey also have similar policies aimed at supporting and protecting transgender students. These policies grant students the right to use preferred names, pronouns, and facilities consistent with their gender identity, and ensure a school environment free from pressure to revert to their original gender identity, with violations subject to penalties.

Amid these changes in the U.S. regarding transgender individuals, especially children and students, a powerful force influences the game and pressures governors and officials: the National Center for Transgender Equality (NCTE).

 Founded in 2003, NCTE is a US-based organization that advocates for transgender rights through political advocacy, education, and research.

Over the years, NCTE has worked to change policies and laws at both the federal and local levels to ensure the protection of transgender individuals in all aspects, including employment, housing, healthcare, and education. A key strategy of the center has been lobbying decision-makers, such as legislators and government officials, to enact supportive laws for transgender individuals.

This organization was instrumental in the passage of the law signed by California Governor Gavin Newsom regarding transgender children in schools.

Strong Resistance

Despite the strong wave of support for transgender individuals, there is a significant counterwave led by American conservatives and groups, notably the Muslim community in the country.

These positions reflect considerable tension in American society, part of a broader debate over the United States's cultural, social, and religious values.

Many religious groups, including Muslims, Christians, and Jews, oppose the promotion of transgenderism based on their religious beliefs, viewing gender identity changes as contrary to their faith teachings.

The religious discourse within these groups often emphasizes protecting "parental rights" and "the safety of women and children" to oppose pro-transgender policies, particularly concerning the use of bathrooms and public facilities by transgender individuals.

While many U.S. states are enacting supportive laws for transgender individuals, other states, particularly those with conservative leanings, have passed restrictive legislation.

Texas has enacted a law prohibiting hormonal and surgical gender transition treatments for minors and has passed laws preventing transgender individuals from participating in school sports according to their gender identity.

Florida has implemented laws preventing teachers from discussing topics related to gender identity and sexual orientation in classrooms up to a certain grade level. It has restricted transgender individuals from using public facilities that align with their gender identity.

Tennessee has passed a law barring transgender individuals from using bathrooms and public facilities based on their gender identity and strictly prohibits hormonal and surgical treatments for transgender minors.

Alabama has enacted laws banning medical treatments for gender transition in transgender minors.

Arkansas was the first state to prohibit gender transition medical treatments for minors, although a court order currently suspends this law.

Idaho has passed laws preventing transgender individuals from using public facilities and participating in school sports according to their gender identity.

South Dakota has also enacted laws banning medical treatments for gender transition in transgender minors and restricting their participation in school sports.

The Muslim Community

Regarding the impact of this legislation on the Muslim community, Saeed Ammar, a preacher based in New York, stated that "the most challenging issue facing Muslims today in the West, especially in the United States, is related to children."

"We are not facing proselytism, secularism, or a different ideological idea, but something destructive to the human self and innate nature," Ammar told Al-Estiklal.

"Now, gender transition and homosexuality have become like a new religion imposed by force and law. No one, including parents or institutions, can oppose it once it's imposed."

"Even intellectual and religious awareness cannot be enforced, placing parents, imams, or even priests under legal threat, with penalties ranging from fines to imprisonment and deportation if they are immigrants," he added.

Ammar emphasized that "the situation requires extensive cooperation from the Muslim and Arab communities, creating parallel pressure to ensure a safe environment for Muslim children."

He also stressed that Muslims living in states that have enacted transgender laws should consider migrating or enrolling in private educational institutions. There is no other way; coexistence with this situation, which he described as something that will destroy the world one day, is impossible.

“God does not accept the distortion of the natural state He created in people, and there is no change to His creation,” Ammar concluded.