California’s Supreme Court has upheld key protections for LGBTQ residents in long-term care facilities, reversing a lower court ruling that had weakened the state’s 2017 LGBT Long-Term Care Residents’ Bill of Rights. The law, authored by state Senator Scott Wiener and signed in 2017, ensures that transgender residents are housed according to their gender identity and that staff use their correct names and pronouns.
A conservative group called Taking Offense had challenged these provisions, claiming they violated employees’ free speech rights. But in a unanimous decision, the state’s highest court disagreed. The justices ruled the law regulates discriminatory conduct — not protected speech — and is therefore constitutional. California Attorney General Rob Bonta praised the ruling, saying, “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.”
This decision cements California’s commitment to protecting LGBTQ+ elders’ dignity and safety in care settings.
