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<\/a>Democratic California Gov. Jerry Brown signed legislation on October 4, 2017 that would punish health care workers with fine, and potential jail time, if they decline to use a senior transgender patient’s “preferred name or pronouns.” The bill was sponsored by California State Sen. Scott Wiener. (AP )<\/p><\/div><\/p>\n
By Brooke Singman, Fox News<\/p>\n
California health care workers who \u201cwillfully and repeatedly\u201d decline to use a senior transgender patient’s\u00a0\u201cpreferred name or pronouns\u201d could face punishments ranging from a fine to jail time under a newly signed law.<\/p>\n
California Gov. Jerry Brown signed the legislation last week.<\/p>\n
The sponsor, Democratic state Sen. Scott Wiener, has argued adamantly that nobody is going to be criminally prosecuted for using the wrong pronoun.<\/p>\n
\u201cIt\u2019s just more scare tactics by people who oppose all LGBT civil rights and protections,\u201d he said in a statement last month.<\/p>\n
But the language seemingly allows for the possibility, however remote.<\/p>\n
The bill itself is aimed at protecting transgender and other LGBT individuals in hospitals, retirement homes and assisted living facilities. The bill would ensure those facilities accommodate transgender people and their needs, including letting them decide which gender-specific bathroom they prefer to use.<\/p>\n
“It shall be unlawful for a long-term care facility or facility staff to take any of the following actions wholly or partially on the basis of a person\u2019s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status,” the bill reads.<\/p>\n
Among the unlawful actions are \u201cwillfully and repeatedly\u201d failing to use a transgender person\u2019s \u201cpreferred name or pronouns\u201d after he or she is \u201cclearly informed of the preferred name or pronouns.\u201d<\/p>\n
The law states that if provisions are violated, the violator could be punished by a fine \u201cnot to exceed one thousand dollars\u201d or \u201cby imprisonment in the county jail for a period not to exceed one year,\u201d or both.<\/p>\n
Wiener’s office noted that violations for residential care facilities under existing law rarely resulted in criminal charges, especially for minor violations. Criminal penalties are meant more for violations that expose a patient to risk of death or serious harm, his office said.<\/p>\n
Wiener\u2019s office noted that the law \u201cdoes not create any new criminal provisions,\u201d but rather creates \u201cnew rights within an existing structure.\u201d<\/p>\n
One opponent of the law, the California Family Council’s Greg Burt, slammed the measure when the bill was in its early stages.<\/p>\n
\u201cHow can you believe in free speech, but think the government can compel people to use certain pronouns when talking to others?\u201d he said to the California Assembly Judiciary Committee in August,\u00a0according to CBN News<\/a>.<\/p>\n