California Attorney General Rob Bonta has secured a decision from the California Supreme Court in the case Taking Offense v. State of California, which upholds anti-discrimination protections for LGBTQ residents in long-term care facilities. The ruling affirms that Senate Bill 219 (SB 219), which requires staff at these facilities to refer to LGBTQ residents by their correct name and gender, does not infringe on free speech rights.
Attorney General Bonta stated, “All individuals deserve to live free from harmful, disrespectful rhetoric that attacks their sense of self, especially when receiving care necessary for their continued well-being. State law prohibits discrimination and harassment in the workplace. I am glad that the California Supreme Court agrees with us on the importance of these protections and has affirmed their constitutionality. We will continue to fight to ensure LGBTQ seniors, other long-term care facility residents, and all Californians remain protected from attacks against their right to respectful and dignified treatment.”
SB 219 establishes legal protections for LGBTQ seniors under what is known as the “LGBTQ Senior Bill of Rights.” The law specifically prohibits staff at long-term care facilities from intentionally using names assigned at birth instead of chosen names—a practice known as “deadnaming”—or purposefully using incorrect pronouns for transgender residents. Plaintiffs in Taking Offense had argued this requirement violated First Amendment rights; however, the Supreme Court determined that the provision is narrowly tailored. It applies only in settings where residents are considered a “captive audience” and does not prevent staff from expressing personal views about gender outside resident care.
The opinion also addressed limitations regarding who has standing as a taxpayer to sue state entities or officials.
The full opinion from the California Supreme Court can be accessed here.
