Requiring Gender Identity Pronoun Use Violates the First Amendment

This is an exciting ruling, and by that, I mean exciting the way a child who has known their colors for years names them correctly. A court in California, of all places, has ruled that requiring proper pronoun use violates an individual’s first amendment rights.

Wouldn’t it be easier if legislators and regulators, the folks creating laws or holding the power to make a rule (with the force of law) followed their oaths of office about lines they are not to cross?

I know, put down the constitutional crack pipe, Steve, you’re delirious. And so, we go to court, and sometimes, they get it right (emphasis in original).

Related: I figured this out as soon as I saw this “Preferred Pronoun” Transgender nonsense!

 

The court said it “recognized the Legislature’s legitimate and laudable goal of rooting out discrimination against LGBT residents of long-term care facilities,” but stated that “we agree with Taking Offense that … the pronoun provision, is a content-based restriction of speech that does not survive strict scrutiny.” …

Using the workplace context as an analogy, the statute prohibits the kind of isolated remarks not sufficiently severe or pervasive to create an objectively hostile work environment.

 

ZeroHedge has more here, and you can read the  State of California, 3rd Appellate District decision for yourself here. Skip also gave this a treatment earlier today here, but long story short, at least in California, random and unintentional use of the wrong pronoun is not discrimination or harassment for which you can cite reprimand or fine people.

They need this in New York State.

A small win for free speech, but only a small one.

As ZeroHedge notes, the Left’s Torqemda’s are everywhere from online to state legislature, pushing the envelope as fast and as often as they can, hoping no one will dare to push back.

We all need to push back.

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, award-winning blogger, and a member of the Board of Directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor, Executive Editor, assistant editor, Editor, content curator, complaint department, Op-ed editor, gatekeeper (most likely to miss typos because he has no editor), and contributor at GraniteGrok.com. Steve is also a former board member of the Republican Liberty Caucus of New Hampshire, The Republican Volunteer Coalition, has worked for or with many state and local campaigns and grassroots groups, and is a past contributor to the Franklin Center for Public Policy.

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