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SACRAMENTO, CA The California Third District Court of Appeals ruled 3-0 that a 2017 state law requiring employees at long-term care facilities to use patientsâ âpreferredâ pronouns violates First Amendment free speech rights.
Taking Offense, an unincorporated association, filed the lawsuit challenging part of Californiaâs Health and Safety Code that requires health facility employees to deny a personâs biological sex and acknowledge a âchosenâ gender or pronoun of a patient. Employees who refused to do so would have faced criminal charges for âmisgenderingâ a resident. Violations could be prosecuted as misdemeanors and violators could face 180 days in jail and a $2,500 fine.
Law forcing nursing homes to use trans pronouns struck down | U S News christianpost.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from christianpost.com Daily Mail and Mail on Sunday newspapers.
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A California appeals court has ruled that a state law that requires nursing home staff to use transgender pronouns is a violation of their free speech rights.Â
In a unanimous 3-0 decision Friday from the California Third District Court of Appeals, judges ruled against a 2017 rule that penalizes non-compliant health care providers who repeatedly fail to use trans-identified residents preferred names or pronouns.Â
Violations could be prosecuted as misdemeanors, and violators could face 180 days in jail and a $2,500 fine.Â
The court held that what is known as âmisgenderingâ a transgender-identified person with pronouns denoting biological sex may indeed be âdisrespectful, discourteous, or insulting. However, âthe First Amendment does not protect only speech that inoffensively and artfully articulates a personâs point of view.â