Conservatives are celebrating a legal victory after a California appellate court ruled late last week that a clause in a state legislation approved four years ago requiring certain health care employees to use transgender pronouns is a violation of the First Amendment’s free speech protections.
SB 219, which required nursing facility personnel to use preferred transgender pronouns and names for patients, was overturned by the Third District Court of Appeal in California.
Under the previous ruling, violators of the law “may be punished with a misdemeanor and subject to a $1000 fine, or possibly up to one year in jail.” All for having their own set of values, and ways of describing someone’s gender.
The pronoun clause is a “content-based restriction of expression that does not withstand strict scrutiny,” according to the court, and “burdens speech more than is warranted.”
According to The Associated Press, Associate Justice Elena Duarte said, “The pronoun rule at issue here examines the limits of the government’s ability to ban pure speech that, while potentially unpleasant or disturbing to the listener, does not necessarily produce a hostile environment.” The words “possibly” and “necessarily” were italicized by the court.
Judge Duarte noted that while refusing to use preferred transgender pronouns is “disrespectful, discourteous, and insulting,” it permits others to “express an ideological disagreement with another person’s expressed gender identity.”
As you can imagine, conservatives are celebrating the common sense ruling, however individuals and organizations on the left are extremely upset with the results.
Senator Scott Wiener (D-San Francisco), who sponsored SB 219, stated in a statement that the court’s decision “is disconnected from the reality facing transgender individuals,” and that “misgendering” someone is “straight-up harassment.”
It appears that the issues which stem from gender dysphoria are not going anywhere soon, as both sides continue to harden their positions.
Though it would seem with most Americans that the prevailing logic and sentiment is, mind your own business, identify however you wish, just don’t expect everyone to agree. A simple concept in a not so simple world.