The LGBT agenda is supposedly about expanding rights for its adherents. However, it has mostly been used as a club against Constitutional rights — a strategy that has largely worked until now.
A California appeals court struck down a law that would require staff to use preferred pronouns for transgendered residents at nursing homes, the Washington Examiner reported. The decision, which was handed down Friday, was unanimously decided 3-0.
The law was part of the 2017 LGBTQ Long-Term Care Facility Residents’ Bill of Rights. It would have forced employees to use language they know to be a lie or face penalties of up to $1,000 for “prolonged” use of pronouns other than those preferred.
The problem with these types of laws is that they clash with the First Amendment protections on the right to free speech. Simply put, the government can’t silence speech, nor can laws compel speech. for anyone
“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 said in the court’s decision. Proponents of the law disregard the First Amendment in favor of what makes people feel good.
Equality California, the organization responsible for advancing the bill, publicly chided the decision. “Let’s be clear: Refusing to use someone’s correct name and pronouns isn’t an issue of free speech — it’s a hateful act that denies someone their dignity and truth,” Executive Director Rick Chavez Zbur said. “California’s nursing home patients deserve better than this — and we’ll be fighting until this decision is overturned.”
“The Court’s decision is disconnected from the reality facing transgender people,” state Sen. Scott Wiener who authored the bill claimed of the decision. “Deliberately misgendering a transgender person isn’t just a matter of opinion, and it’s not simply ‘disrespectful, discourteous, or insulting.’ Rather, it’s straight-up harassment,” the lawmaker said.
Weiner also claimed the bill “erases an individual’s fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home,” though he didn’t say anything about the humanity of the person forced to lie. “This misguided decision cannot be allowed to stand,” Weiner said.
The battle has come down to one group’s feelings versus another group’s rights. It’s unfortunate that people may be uncomfortable when others use pronouns that match their biological sex, but those feelings don’t trump Americans’ rights.