"California Supreme Court upholds law barring nursing home staff from misgendering transgender and gay residents, rejecting a 1st Amendment free-speech challenge. The court ruled the law regulates discriminatory conduct, not speech, applicable in care settings where vulnerable residents are in effect captive audiences. No justices dissented from the core holding, affirming protections designed to address documented mistreatment of LGBT seniors in long-term care facilities."
"The California Supreme Court rejected a 1st Amendment challenge to a state law that protects the rights of gay and transgender people in nursing homes and forbids employees of those sites from using the wrong pronouns to address a resident or co-worker. The ruling, handed down Friday, holds that violations of the LGBT Long-Term Care Residents' Bill of Rights are not protected by the 1st Amendment because they relate to codes of conduct in what is in effect a workplace and a home."
The California Supreme Court rejected a 1st Amendment challenge and upheld a 2017 law that forbids nursing home employees from using incorrect pronouns for transgender and gay residents and co-workers. The court held that the pronouns provision regulates discriminatory conduct that incidentally affects speech and applies in care settings that function as both workplaces and homes where residents are captive audiences. The opinion reversed an appeals court ruling and found violations of the LGBT Long-Term Care Residents' Bill of Rights are not protected by the 1st Amendment. Five justices joined the main opinion, two concurred, and no justice dissented from the core holding.
Read at Los Angeles Times
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