Taking Offense v. State of California
California Supreme Court reversed an intermediate court and upheld under the First Amendment a law prohibiting staff at long-term care facilities from “willfully and repeatedly” failing to use a resident’s preferred name or pronouns. Given the narrow context in which the law operates, the court held the provision should be treated as a regulation of discriminatory conduct that incidentally affects speech, analogous to Title VII’s bar on hostile work environments, not as an abridgment of speech.
Related Commentary
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.