By Paul Rosenberg, Senior Editor
Governor Gavin Newsom has vetoed an array of bills that have left Democratic lawmakers and progressive advocates angry, frustrated, disappointed and confused. Some were so overwhelmingly popular that not a single Republican voted against them. A few seem perversely political, calculated with an eye on running for president in 2028. Others go against his own signature concerns—climate change and meeting California’s housing crisis. And others are inexplicable—most notably a bill outlawing caste discrimination. Here are some of the most noteworthy.
Newsom appeared most perversely political with two vetoes: one protecting transgender/nonbinary youth, the other decriminalizing some plant-based psychedelic drugs.
AB 957, by Asm Lori D. Wilson, would simply require courts to take into account a parent’s affirmation of a child’s gender identity or gender expression as one factor in any custody dispute. It passed by over 3-1 in both chambers (61-16 Asm, 30-9 Sen).
SB 58, by Sen. Scott Wiener, would ensure that people aren’t arrested for using and possessing psilocybin, psilocin, mescaline (except peyote), or dimethyltryptamine (DMT). It applies only to people 21 or and doesn’t legalize sale. It sailed through both chambers, (43-15 Asm, 21-14 Sen).
Newsom also vetoed a trio of bills dealing with his “top priorities”— climate change, health care and California’s housing crisis.
He vetoed Sen Lena Gonzalez’s Master Plan for Healthy, Sustainable, and Climate-Resilient Schools, SB 294, which passed the legislature with just a single “no” vote. (76-1 Asm, 39-0 Sen). “Very disappointed to see @GavinNewsom veto a bill to create a plan to decarbonize California’s 9000+ schools,” climate scientist Dr. Leah C. Stokes tweeted. “This bill passed almost unanimously! What’s your plan to clean up our schools and meet our climate goals, Gov?”
He vetoed Scott Wiener’s AB 90, capping the price of insulin copayments at $35—a bill that passed unanimously in both chambers (79-0 Asm, 39-0 Sen).
He also vetoed AB 309, the Social Housing Act—a visionary response to California’s high housing costs, based on the highly successful models of Vienna and Singapore, authored by Asm Alex Lee. Its purpose was to boost the creation and acquisition of publicly owned, mixed-income housing with the purpose of providing equitable and affordable housing while staying out of market speculation. It sailed through both chambers, (56-16 Asm, 27-10 Sen).
Newsom also vetoed another housing bill impacting LGBTQ youth. AB 589, by Asm Tasha Boerner would have created the first state-based housing program specifically for LGBTQ+ youth who are at-risk of homelessness after experiencing rejection from their families. It would have established a three-year transitional housing pilot program for homeless LGBTQ+ youth in San Diego. It passed both chambers unanimously (71-0 Asm, 38-0 Sen)
Most inexplicably, Newsom vetoed Sen Aisha Wahab’s SB 403, outlawing discrimination on the basis of ancestry (caste discrimination), which passed both chambers overwhelmingly (31-5 Sen, 55-3 Asm). “You have got to be f*cking kidding me,” UCI law professor Veena Dubal tweeted. “Newsom just vetoed a bill that would have clarified that caste discrimination is illegal in California. This is a huge win for Hindu Supremacists. What age are we living in??? I am stunned. Enraged.”
But it was only one several labor-backed bills Newsom vetoed. Perhaps the most crucial was SB 799, by Sens Maria Durazo and Anthony Portantino which would have made striking workers eligible for unemployment insurance—following similar laws in New York and New Jersey. It passed both chambers easily (59-18 Asm, 27-12 Sen) and was clearly in tune with the national mood of a record strike wave with record public support.
“Governor Newsom also vetoed the other most important bill for labor this year — amidst historic strikes no less,” Dubal tweeted. “For someone who has national ambitions, he is not only on the wrong side of history, but does not perceive the changing of the tides. We will leave him behind.”
Strikingly, Newsom vetoed Sen Angelique Ashby’s SB 731, which would have required employers to give 30 days advance written notice before requiring an employee who is working from home to return to the facility/office. It passed both chambers unanimously (40-0 Sen, 74-0 Asm).
Newsom also vetoed SB 725 by Sen Lola Smallwood-Cuevas requiring a successor grocery employer to provide certain dislocated workers with severance pay equal to one week of pay per year worked with the pre-existing, if it did not offer employment to the employee. This passed both chambers overwhelmingly (59-15 Asm, 31-8 Sen).
Newsom vetoed another layoff bill, AB 1356, by Asms Matt Haney and Damon Connolly, which would have expanded the California WARN Act to require a 75-day notice (instead of 60) for certain layoffs, along with other restrictions related to layoffs. It too passed both chambers overwhelmingly (62-15 Asm, 29-9 Sen)
Finally, Newsom vetoed AB 524, by Asm Buffy Wicks, which adding “family caregiver” as a new category of protected status under the Fair Employment and Housing Act, thus protecting employees who qualify as family caregivers from harassment and discrimination due to their caregiver status. It also passed both chambers overwhelmingly (49-17Asm, 26-8 Sen).
Because the legislature routinely adjourns before the vast majority of bills reach the governor’s desk, no veto has been overridden in California since 1980. However, vetoes of two-year bills can be overridden when the legislature reconvenes in January, as the American Prospect’s executive editor David Dayen noted on Twitter. With so many overwhelmingly popular bills vetoed, it seems long overdue for the legislature to re-assert itself as the legitimate voice of the people, and override this rash of ill-considered vetoes.