Attorney General Bonta Secures California Supreme Court Decision Affirming Anti-Discrimination Protections for LGBTQ Seniors, Long-Term Care Residents

OAKLAND — California Attorney General Rob Bonta today secured a decision from the California Supreme Court in Taking Offense v. State of California (Taking Offense) upholding anti-discrimination protections for LGBTQ residents of long-term care facilities in the state. The Court’s opinion holds that Senate Bill 219’s (SB 219) requirement that long-term care facility staff refer to LGBTQ residents by their proper name and gender does not violate anyone’s right to free speech.

“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,” said Attorney General Bonta. “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 codifies anti-discrimination protections for LGBTQ seniors through the “LGBTQ Senior Bill of Rights.” Specifically, the law prohibits long-term care facility staff from discriminating against transgender residents by intentionally “deadnaming” them — that is, calling a transgender person by the name they were assigned at birth — or willfully using the wrong pronouns in referring to them. In Taking Offense, plaintiffs argued that this provision violates the First Amendment. The California Supreme Court’s opinion, however, finds that the provision is appropriately narrow as to not violate the First Amendment, as it specifically protects long-term care residents’ against discrimination in a setting in which they are a “captive audience,” and does not restrict care facility staff from expressing their views on gender when not providing care to residents. The opinion also clarified important limits on taxpayer standing to sue state entities or officials.

The California Supreme Court’s opinion can be found here.