California Supreme Court
Nov. 7, 2025
State high court upholds law banning willful misgendering in long-term care
The justices reversed an appellate ruling that found the law violated the First Amendment. The court held that the restriction regulates discriminatory conduct that 'incidentally' affects speech.
The California Supreme Court ruled Thursday that a 2017 state law prohibiting staff at long-term care facilities from willfully and repeatedly misgendering residents' preferred names and pronouns because of their gender identity or expression is constitutional.
The court reversed a decision by the 3rd District Court of Appeal, which found such comments protected under the First Amendment.
Chief Justice Patricia Guerrero, writing for the majority, explained that the ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In