On September 14, 2021 the National Women’s Law Center joined the National Center for Lesbian Rights, Lambda Legal, Equality California, and 15 other nonprofit organizations on an amicus brief to the Supreme Court of California urging the court to grant a petition to review the case Taking Offense v. State of California (2021) 66 Cal.App.5th 696. In Taking Offense, the California Court of Appeal unlawfully concluded that a provision in their state’s Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights prohibiting long-term care facilities and staff from willfully and repeatedly misusing a resident’s name and pronouns because of the resident’s sexual orientation, gender identity, or gender expression, violated the First Amendment to the U.S. Constitution. The ramifications of this decision extend not only to the long-term care residents of California but to those across the country who rely on state and federal non-discrimination laws. If permitted to stand, the decision could also set the groundwork to undermine other important civil rights protections. For those reasons NWLC joined the amicus brief asking that the Court grant review and reverse the judgment of the Court of Appeal.

 

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