Equality California said it intends to fight the decision.
在声明中 following the decision
, the organization’s executive director
, Rick Chavez Zbur
, said that misgendering someone and using the incorrect name
“isn’t an issue of free speech
— it’s a hateful act that denies someone their dignity and truth.
州参议员. Scott Wiener
, WHO introduced the 2017 法案
, called the court’s decision
“disconnected from the reality facing transgender people.
“Deliberately misgendering a transgender person isn’t just a matter of opinion
, and it’s not simply ‘disrespectful
, or insulting.
’ 相当, it’s straight up harassment
,” he said in a 声明
. “和, it erases an individual’s fundamental humanity
, particularly one as vulnerable as a trans senior in a nursing home
. This misguided decision cannot be allowed to stand.
一 2014 研究 of around
130 transgender adults found that
32.8% of participants said they felt
” when they were misgendered
, and a 2020 审查 20 studies published since 2009 found that the more frequently a trans person was misgendered
, the more likely they were to experience distress
一个 study published 在 2014 found that the aging population of transgender elders in the US were at
“significantly higher risk of poor physical health
, depressive symptomatology
, and perceived stress
” than cisgender seniors
, or those whose gender identity aligns with the sex they were assigned at birth
. And even when they have access to health care services
, they often face discrimination and harassment in those settings
, 根据 2014 研究.
The court upheld another provision in the LGBTQ law
While the court’s decision to overturn the pronoun provision upset LGBTQ rights groups, it did uphold another component of the law related to room assignments in long-term care facilities.
SAGE, or Services and Advocacy for LGBT Elders, which connects LGBTQ elders with health care services, praised the court for upholding the part of the 2017 law that requires nursing home staff to assign rooms to transgender residents in accordance with the resident’s preference, when gender is the basis of the assignment system. Attorney David Llewellyn, who represented an unnamed plaintiff, initially challenged both the pronoun provision and the room assignment provision, the latter of which the court declined to overturn.
Affirming transgender seniors’ identity and assigning rooms based on their gender “is a key component to the culturally competent care that transgender and gender nonconforming elders deserve,” SAGE CEO Michael Adams said in a comment to CNN.
Llewellyn declined an interview request from CNN but said in an email that “free speech must be protected against criminal penalties, regardless of its content.”
The California attorney general’s office told CNN it’s “reviewing the decision.”