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Law forcing nursing homes to use trans pronouns struck down | U S News
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A California appeals court ruled that a law requiring nursing home staff to use transgender residents preferred pronouns violates the First Amendment.
The law was struck down on Friday in a 3-0 decision by the Sacramento-based Third District Court of Appeal. The court held that the law was a “content-based restriction on speech” that unconstitutionally requires nursing staff to express a message they may not wish to.
“The pronoun provision at issue here tests the limits of the government’s authority to restrict pure speech that, while potentially offensive or harassing to the listener, does not necessarily create a hostile environment,” Judge Elena Duarte wrote in the decision.
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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