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Court Rules California Law Requiring Use of Transgender Pronouns is a Violation of Free Speech


By Steve Ahle
DJHJMedia.com

The State of California Third District Court of Appeals has ruled that forcing someone to use the various pronouns that are covered by a relatively new California law is unconstitutional because it infringes on the right of free speech. Liberals are up in arms about the court ruling not because the judgement was reached using the Constitution as a guide but because they do not believe in the Constitution.

The provision was a part of the LGBTQ Long-Term Care Facility Residents’ Bill of Rights passed in 2017, which was signed into law by former Gov Jerry Brown. Sen. Scott Wiener (D-San Francisco) claims the judge’s decision does not recognize the it’s not simply ‘disrespectful, discourteous, or insulting.’ Rather, it’s straight-up harassment.

“And, it erases an individual’s fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home. This misguided decision cannot be allowed to stand.”

Anyone who violated the law could face a fine and a year in jail for prolonged use of the improper pronoun. Equality California, who sponsored the legislation released this statement:

“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.” 

“California’s nursing home patients deserve better than this — and we’ll be fighting until this decision is overturned.

The Court, in a unanimous 3-0 decision, struck down this key provision of the LGBTQ Long-Term Care Facility Residents’ Bill of Rights, created by SB 219 in 2017, authored by Senator Scott Wiener (D-San Francisco) and sponsored by Equality California. The Court upheld the provision in the law that requires nursing homes to place transgender patients in rooms that match their gender identity.

“The Court’s decision is disconnected from the reality facing transgender people. 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. And, it erases an individual’s fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home. This misguided decision cannot be allowed to stand,” Senator Wiener said in a statement.

SB 219, also known as the LGBTQ Senior Bill of Rights, protects LGBTQ seniors in long-term care facilities from discrimination and mistreatment based on their sexual orientation and gender identity. Wiener authored and passed SB 219 in 2017, and then-Governor Jerry Brown signed the bill into law.

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