Good News: Law Penalizing “Misgendering” with Hefty Fine and/or Jail Time being Legally Challenged

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A lawsuit has been filed against a recently signed California law that inflicts fines and/or jail time on employees who “misgender” a patient within a senior care facility. SB 219, enacted last October, was introduced by state senator Scott Weiner (D-San Francisco) and sponsored by Equality California. It penalizes senior healthcare workers who “misgender” any patients identifying as transgender by failing to address the patient by their preferred gender pronouns. Any employees who “willfully or repeatedly violate” SB 219 could be charged with a misdemeanor and subject to punishment of a $1000 fine, or even up to one year in jail.

This new law strips away the realities of physiological characteristics and instead implies that a person can change their gender by self identifying as a male, female, or even neither (non-binary). Worse yet, the government is seeking to punish those who do not comply with this new atrocious law.

Thankfully, this law is being legally challenged.

The case Taking Offense v. State of California is being brought by Llewellyn Law Office’ Attorney David Llewellyn on behalf of several unnamed clients and is challenging the law as “unconstitutionally vague and over broad.”

The lawsuit also argues that the law violates “constitutional protections of equal protection of the laws under the Fourteenth Amendment of the United States Constitution, [as well as] Article 1, Section 7 of the California Constitution.” The lawsuit also points out that the law imposes an unconstitutional religious preference, and “censors and licenses private speech, in violation of the principles of freedom of expression in the First Amendment to the United States Constitution, [as well as] Article 1, Section 2(a) of the California State Constitution. The suit also challenges the law on the basis that it requires conformity to the constructs of sexual fluidity, or gender preference.

This is pure coercion.

Gender is not fluid, and it is absolutely unnecessary and dangerous to have laws that force other people to accept someone else’s gender identity based solely on their personal choice. The government’s decision to force people of faith to accept these fluid personal gender preferences or face fines and/or imprisonment is a great affront to our Constitution. Gender is not a personal choice that people make, but rather a biological fact based on characteristics present even prior to birth. Let’s pray the courts recognize this law for what it is.

According to Llewellyn, the case, filed on December 4, 2017, is active and waiting for a court hearing date.

(9) Comments

  1. “So GOD created man in HIS own image/male & female created HE them!” Genesis 1:27 There are only these two genders accoridng to Holy Scripture now & forever!!!! No such thing as transgender; not now not ever!!!!So let it be written; so let it be done!!!!RMA; Bakerfield, CA…….

  2. I don’t see what this has to do with prepping. I know several individuals who have or are in the process of gender reassignment and they have never felt that they were actually the gender they were born with. I believe it is a personal choice that one can make WHEN THEY HAVE REACHED LEGAL AGE. That being said, I don’t believe that young children should be asked whether they feel that they are the correct gender because they are still growing and learning and becoming. I also don’t agree with the actions of the principal, his sexuality is nothing to discuss with the children in his school. If a female teacher had breast augmentation she surely wouldn’t broadcast it to the whole school! The states that are imposing laws(fines and jail time) for using the incorrect gender pronouns obviously need to focus on real crimes. Yes we should address people the way they want to be addressed, but as a woman with very short hair, I’ve been called sir or he on occasion and don’t need to fine someone for it. How many doctors have been called Mr. instead of Dr? That being said, I don’t believe that this has much bearing on prepping issues. I usually enjoy the content on your site, but it kind of seems like you got on a political soap box about this. Just saying

  3. Gener is not fluid and for the government to force people of faith to accept these fluid personal gender preferences and face fines/ and or imprisonment is a great mishandling of our constitution. (I agree with these statements made above).

  4. anonymous because the messager does not matter

    This is scary. If your talking to someone who is trans and say the wrong pronoun by accident the trans person can just say you have been doing it for a long time and boom you are now in jail for a year max.

    • The law will not work quite like what you described. Jail time will be the ultimate punishment if you refuse to use a preferred pronoun after repeatedly being told of the person’s preference. This will probably only affect those workers who just refuse to used made up pronouns or pronouns that don’t refer to someone’s biological sex.

  5. mind your own business

    My advise leave religion out of this. This is a free speech issue plain and simple. If individuals employers want to force their employees to do this, The employer themselves can fire the individual employees for not doing this if they so choose to do so. The government cannot impose this type of thing. Employers can as private entities dealing with private individuals.

  6. I believe church and state separation is key to a strong democracy and if the bases for opposing SB-219 is your faith then I cannot support your position. Even if Transgender people are mentally ill, discriminating against them is wrong.

    • How is misgendering someone discrimination? This bill discriminates against people with a particular view of gender. Whether someone comes to their view of gender by their religious faith or not, shouldn’t matter. No one should be fined because they think gender is defined by biology, but that is exactly what this bill does.

  7. It isnt that important to most people what gender you identify with or what pronoun you use.It has nothing to do with religion but only in some minds.Way back in the olden days there was an snl character Pat no one ever knew if pat was a male or female . Bones had an episode with a character people didn’t know what their gender was. You can personally identify with whatever you want but that doesnt mean everyone else is going to automatically know . I dont have a problem with if you ask to be called she calling you that and noone should but being penalized because you dont know that someone has chosen to identify differently than they look is ridiculous. your identity is not my responsibility


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