Gov. Newsom Denies Free Condoms For All California High Schoolers

Governor Gavin Newsom vetoed a bill on Sunday that, if passed, would have made free condoms available to all high school students in the state.

Senate Bill 541, authored by Senator Caroline Menjivar (D-Panorama City), would have specifically all public and schools district operated schools to have condoms available to all pupils in grades 9 to 12 without cost. Schools would have also needed to alert students of the condoms being available, as well as give information on how to use them properly and have school clinics authorized to give them away.

In addition, SB 541, also known as the Youth Health Equity + Safety (YHES) Act, would have prohibited retail establishments from refusing to furnish nonprescription contraception to people solely on the basis of age by means of any conduct, including requiring the customer to present identification for purposes of demonstrating their age. If passed, SB 541 would have gone into effect before the 2024-2025 school year.

In a statement earlier this year, Menjivar pushed for the bill to be passed, saying that it would prevent and reduce unintended pregnancies and sexually transmitted infections.

“By requiring free condoms in all California high schools, we are empowering the youth who decide to become sexually active to protect themselves and their partners from STIs, while also removing barriers that potentially shame them and lead to unsafe sex,” said the Senator. “Further, requiring the Family PACT program to cover HPV vaccinations for ages 12-18 will decrease instances of patients delaying vaccination or becoming discouraged after being turned away. These programs can instill safe sexual habits among youth, protecting themselves now and into adulthood.

“What we’re asking the schools to do is to provide condoms in two different locations throughout their campus, and not where a student will have to go to a teacher, an administrator to ask for them. I’m trying to remove the shame of asking for contraceptives, as the pressure of the situation often drives students to forgo condoms entirely. We want to make sure they have all the facts and all the resources available at their fingertips to make a safe decision.”

Opponents pointed out all year that programs such as free condom programs have largely not worked in preventing STIs in the past and that other programs need to be considered instead to reduce SDI rates. The California Family Council said in its opposition to SB 541:

In addition, opponents noted the high cost of the bill, and that it would be detrimental on California’s already tight budget, which has already been cut back by $35 billion this year so far.

While some Democrats did ultimately begin moving their votes in September, it proved too little, too late. In the Assembly, the bill ultimately passed 65-11 with 4 abstentions and in the Senate 30-9 with 1 abstention. While many Democrats weren’t sold on the points against it, Governor Gavin did find the cost of the bill to be too much, pointing out specifically that it would have created an unfunded mandate to public schools, harming the schools and in turn, the state.

Newsom vetoes SB 541

“I am returning Senate Bill 541 without my signature,” wrote Newsom in his veto message on Sunday. “This bill requires all public high schools to make free condoms available to students and would prohibit retailers from refusing to sell condoms to youth. While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process.

“In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.

“With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure. For this reason, I cannot sign this bill.”

While Menjivar has yet to comment on the veto, opponents on Monday told the Globe that they are thrilled with Newsom’s decision.

“This was a wasteful bill, from top to bottom,” explained education budgeting expert Patricia Raymond. “You just can’t burden school with a high cost like this, then also hurt the state with an unbudgeted cost. You need hard figures and money all set up, especially when the budget is in deficit. California needs to start getting receipts for everything, and Menjivar just tried to take the company card and said to charge it without looking at what something cost.”

It is currently unknown if SB 541 will be attempted again next year.