California: Possible Jail Time For Misgendering?
Posted: Thu Aug 17, 2017 1:18 pm
Linked below is an article, which covers a recently proposed California law, and the proposal itself.
http://www1.cbn.com/cbnnews/us/2017/jul ... ansgenders
http://leginfo.legislature.ca.gov/faces ... 20180SB219
The bill SB219, a mouthful titled "Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Resident's Bill of Rights", was proposed just recently after a similar bill took effect all across Canada, America's hat, states that "It shall be unlawful for a long-term care facility or facility staff to.... willfully and repeatedly fail to use a resident's preferred name or pronouns after being clearly informed of the preferred name or pronouns."
Now, the kicker, the Poo de grĂ¢ce for any ne'er-do-well who happens to not abide by such a law or misgender an individual? Up to a one-thousand USD fine, and/or a jail sentence of up to one year. On top of this bill, it will be illegal for an institution to bar an individual from using any restroom based on biological sex, and no exceptions will be made for religious institutions which do not accept trans individuals.
The Bill itself was originally proposed to protect senior citizens who express differing gender identities or sexuality while in nursing homes.
Of course, as with any bill, there has been backlash and debate over this proposal, notably, as seen in the CBN article, one Greg Burt of the California Family Council, stating "How can you believe in free speech, but think the government can compel people to use certain pronouns when talking to others?", adding "Compelled speech is not free speech. Can the government compel a newspaper to use certain pronouns that aren't even in the dictionary? Of course not, or is that coming next?"
Other arguments against the bill follow that such a bill is not truly tolerant - that respect and tolerance is a two-way street, and that to be truly tolerant is to accept the beliefs and rights of others to express those beliefs, regardless of whether you agree or are offended by them or not.
Now, of course, I have mixed opinions on this...not really, but I can at least try to understand where the bill is coming from. I get it, that being misgendered is uncomfortable/offensive to trans individuals, as well as being dead named, so on, for forth. I've experienced it myself, and admittedly, it has put me off, which I've made known, but to force anyone who doesn't agree to be tolerant, or to say that they should be fined or even jailed for using the wrong pronouns or dead naming me or anyone else is, I think, absurd; maybe if it's proven to be done in a way to harass or bully someone, yes, but because someone genuinely does not think that a trans individual is really X gender or because they feel it's not right? It seems wrong to me. Also, I don't think America should really be taking anything from fucking Canada
I also personally disagree with the law applying to religious institutions, but that's just me.
Anyways, this isn't particularly my little echo chambers to spout off in. So, what are the rest of NSG's thoughts on this particular bill and the controversy behind it?
http://www1.cbn.com/cbnnews/us/2017/jul ... ansgenders
http://leginfo.legislature.ca.gov/faces ... 20180SB219
The bill SB219, a mouthful titled "Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Resident's Bill of Rights", was proposed just recently after a similar bill took effect all across Canada, America's hat, states that "It shall be unlawful for a long-term care facility or facility staff to.... willfully and repeatedly fail to use a resident's preferred name or pronouns after being clearly informed of the preferred name or pronouns."
Now, the kicker, the Poo de grĂ¢ce for any ne'er-do-well who happens to not abide by such a law or misgender an individual? Up to a one-thousand USD fine, and/or a jail sentence of up to one year. On top of this bill, it will be illegal for an institution to bar an individual from using any restroom based on biological sex, and no exceptions will be made for religious institutions which do not accept trans individuals.
The Bill itself was originally proposed to protect senior citizens who express differing gender identities or sexuality while in nursing homes.
Of course, as with any bill, there has been backlash and debate over this proposal, notably, as seen in the CBN article, one Greg Burt of the California Family Council, stating "How can you believe in free speech, but think the government can compel people to use certain pronouns when talking to others?", adding "Compelled speech is not free speech. Can the government compel a newspaper to use certain pronouns that aren't even in the dictionary? Of course not, or is that coming next?"
Other arguments against the bill follow that such a bill is not truly tolerant - that respect and tolerance is a two-way street, and that to be truly tolerant is to accept the beliefs and rights of others to express those beliefs, regardless of whether you agree or are offended by them or not.
Now, of course, I have mixed opinions on this...not really, but I can at least try to understand where the bill is coming from. I get it, that being misgendered is uncomfortable/offensive to trans individuals, as well as being dead named, so on, for forth. I've experienced it myself, and admittedly, it has put me off, which I've made known, but to force anyone who doesn't agree to be tolerant, or to say that they should be fined or even jailed for using the wrong pronouns or dead naming me or anyone else is, I think, absurd; maybe if it's proven to be done in a way to harass or bully someone, yes, but because someone genuinely does not think that a trans individual is really X gender or because they feel it's not right? It seems wrong to me. Also, I don't think America should really be taking anything from fucking Canada
I also personally disagree with the law applying to religious institutions, but that's just me.
Anyways, this isn't particularly my little echo chambers to spout off in. So, what are the rest of NSG's thoughts on this particular bill and the controversy behind it?