Religion Clause: California Law Barring Misgendering Of Long Term Care Residents Violates 1st Amendment

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[W]e conclude the pronoun provision … is overinclusive in that it restricts more speech than is necessary to achieve the government’s compelling interest in eliminating discrimination, including harassment, on the basis of sex…. [T]he law criminalizes even occasional, isolated, off-hand instances of willful misgendering– provided there has been at least one prior instance–without requiring that such occasional instances of misgendering amount to harassing or discriminatory conduct.

Religion Clause: California Law Barring Misgendering Of Long Term Care Residents Violates 1st Amendment

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