Bloomberg Law
Nov. 10, 2021, 11:02 PM

California’s Top Court Will Review Transgender Elder Care Law

Maeve Allsup
Maeve Allsup
Legal Reporter

California’s Supreme Court will consider whether a law that prohibits long-term elder care workers from misgendering transgender residents is an illegal restriction on free speech, the justices announced Wednesday.

In July, an appellate court in Sacramento revived a petition to block a provision of the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights that prohibits care workers from referring to residents by names or pronouns other than those chosen by the resident.

That particular provision is a content-based restriction on free speech, and isn’t sufficiently narrowly tailored to justify the burden on long-term care providers, Justice ...

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