HotAir hotair.com 19 Jul, 2021 13:45 am

California court strikes down law against "misgendering" speech – HotAir

California court strikes down law against "misgendering" speech – HotAir
Free speech isn't entirely dead... yet

[I]t shall be unlawful for a long-term care facility or facility staff to take any of the following actions wholly or partially on the basis of a person’s … gender identity[ or] gender expression …: Willfully and repeatedly fail to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns.It’s also disheartening to see the court bend over backward in its ruling to point out that intentional “misgendering” may be “disrespectful, discourteous, and insulting, and used as an inartful way to express an ideological disagreement with another person’s expressed gender identity.) When it comes to gendered pronouns, however, even the Court of Appeal recognized that their usage can represent a valid debate over the concept of gender identity and medical science.California , the plaintiffs were challenging the constitutionality of the portion of the law that makes it a criminal offense to repeatedly “misgender” a patient in the facility by referring to them using the pronoun appropriate for their biological gender and not the gender they “identify” as.

At Reason, Eugene Volokh identifies the applicable portion of the law and breaks down the court’s ruling.” The court struck down that portion of the law based on a well-established principle.

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