Photo by Caroline Brehman/CQ-Roll Call, Inc via Getty Images
© 2024 Blaze Media LLC. All rights reserved.
Court rules California law requiring use of transgender pronouns is a violation of free speech
July 20, 2021
The State of California Third District Court of Appeals ruled that a state law requiring the use of preferred pronouns by nursing home workers violated their free speech rights.
The court struck down the pro-transgender regulation on Friday in a unanimous 3-0 decision.
The provision was a part of the LGBTQ Long-Term Care Facility Residents' Bill of Rights passed in 2017 and signed into law by then-Gov. Jerry Brown. The bill's author, state Sen. Scott Wiener (D-San Francisco), released a statement lambasting the decision.
"The Court's decision is disconnected from the reality facing transgender people," said Sen. Wiener.
"Deliberately misgendering a transgender person isn't just a matter of opinion, and it's not simply 'disrespectful, discourteous, or insulting.' Rather, it's straight up harassment," he continued.
"And, it erases an individual's fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home," Wiener concluded. "This misguided decision cannot be allowed to stand."
The law could have punished a health care provider with a year in prison and as much as a $1,000 fine for "prolonged" abuse involving the violation of the provisions including the misuse of preferred pronouns. Sponsors of the bill defended the bill by saying such a punishment would be rarely enforced in only the most extreme cases.
Equality California, who sponsored the legislation, also released a statement through a spokesperson decrying the unanimous ruling by the court.
"Let's be clear: refusing to use someone's correct name and pronouns isn't an issue of free speech — it's a hateful act that denies someone their dignity and truth," said Rick Chavez Zbur, an executive director of Equality California.
"California's nursing home patients deserve better than this — and we'll be fighting until this decision is overturned," he added.
Here's a debate about the California transgender law from 2017:
Bill proposes punishment for not using preferred pronounswww.youtube.com
Want to leave a tip?
We answer to you. Help keep our content free of advertisers and big tech censorship by leaving a tip today.
Want to join the conversation?
Already a subscriber?
Staff Writer
Carlos Garcia is a staff writer for Blaze News.
Carlos Garcia
Staff Writer
Carlos Garcia is a staff writer for Blaze News. You can reach him at cgarcia@blazemedia.com.
more stories
Sign up for the Blaze newsletter
By signing up, you agree to our Privacy Policy and Terms of Use, and agree to receive content that may sometimes include advertisements. You may opt out at any time.
© 2024 Blaze Media LLC. All rights reserved.
Get the stories that matter most delivered directly to your inbox.
By signing up, you agree to our Privacy Policy and Terms of Use, and agree to receive content that may sometimes include advertisements. You may opt out at any time.