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California Governor Jerry Brown, the Moonbat's Moonbat, just signed into law, “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’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status.” So, if you consistently refer to a self-identified "He" as a "She," you could go to jail for a year.
"Show me a liberal and i'll eventually scratch you out a fascist wanting to get out"!!!
I will never call Bruce Jenner "she", because he is and always will be a biological man. Sure he changed his name, so I guess some people might choose to call him Katelyn or whatever he calls himself.
But to think Gov Moonbeam or anyone else can imprison you unless you agree to play make believe will never pass Constitutional muster.
Courtney Joslin, a UC Davis law professor, said the bar for criminal prosecution would be extremely high.
"The bill is very, very clear that what is prohibited is the willful engagement and repeated engagement in discriminatory conduct against LGBT seniors. So, if someone makes a mistake or doesn’t know what a person’s gender identity is and uses the incorrect pronoun that is not a violation of the statute," Joslin said.
Willful and repeated violations alone wouldn’t lead to criminal prosecution, Joslin added. They would likely be punished with a fine.
Criminal charges would only follow, she said, if the violation reached a level that was shown to cause the risk of death or serious physical harm, in accordance with state’s existing penalty structure for health and safety code violations at long-term care centers.
seems to me people on the right are willing to misstate, twist the truth and lie in order to smear the left.
we see it day after day. Fox has made billions priming these rightwing fools and goading them into voting against their own interests. it is a simple trick but it has worked on these low information right wingers for decades. they vote themselves into poverty and they cry about their poverty..
California Governor Jerry Brown, the Moonbat's Moonbat, just signed into law, “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’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status.” So, if you consistently refer to a self-identified "He" as a "She," you could go to jail for a year.
"Show me a liberal and i'll eventually scratch you out a fascist wanting to get out"!!!
California Governor Jerry Brown, the Moonbat's Moonbat, just signed into law, “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’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status.” So, if you consistently refer to a self-identified "He" as a "She," you could go to jail for a year.
"Show me a liberal and i'll eventually scratch you out a fascist wanting to get out"!!!
It is saying that you can't discriminate someone based on gender, sexual orientation, or HIV status.
It is not saying that you if you incorrectly call someone a "he" when they identify as a "she" that you will go to jail. It IS saying that if you discriminate them because of that, you can face consequences. Just like if you discriminate someone else for other reasons (such as race).
It is saying that you can't discriminate someone based on gender, sexual orientation, or HIV status.
It is not saying that you if you incorrectly call someone a "he" when they identify as a "she" that you will go to jail. It IS saying that if you discriminate them because of that, you can face consequences. Just like if you discriminate someone else for other reasons (such as race).
Understand?
Actually, it does.
Provision of bill relating to wrong pronoun use:
Quote:
(5) Willfully and repeatedly fail to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns.
The possible punishments, specified by the parent laws (Section 1417 the "Long-Term Care, Health, Safety, and Security Act of 1973"/provisions in Chapter 2.4 of the Health and Safety Code):
Quote:
c) Any person who willfully or repeatedly violates this chapter or Chapter 2.4 (commencing with Section 1417), excluding Sections 1425 and 1432, or any rule or regulation adopted under this chapter, relating to the operation or maintenance of a long-term health care facility as defined in Section 1418, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500) or by imprisonment in the county jail for a period not to exceed 180 days, or by both.
Yes, that covers the maximum penalty and there are guidelines to be considered:
Quote:
In determining the punishment to be imposed upon a conviction under this subdivision, the court shall consider all relevant facts, including, but not limited to, the following:
(1) Whether the violation exposed the patient to the risk of death or serious physical harm.
(2) Whether the violation had a direct or immediate relationship to the health, safety, or security of the patient.
(3) Evidence, if any, of willfulness.
(4) The number of repeated violations.
(5) The presence or absence of good faith efforts by the defendant to prevent the violation.
(d) For the purposes of this section, “willfully” or “willful” means the person doing an act or omitting to do an act intends the act or omission, and knows the relevant circumstances connected therewith.
So, while I agree that it is highly unlikely someone will go to jail over mixed up pronouns, it is still hypothetically possible. That is problematic.
__________________
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The possible punishments, specified by the parent laws (Section 1417 the "Long-Term Care, Health, Safety, and Security Act of 1973"/provisions in Chapter 2.4 of the Health and Safety Code):
Yes, that covers the maximum penalty and there are guidelines to be considered:
So, while I agree that it is highly unlikely someone will go to jail over mixed up pronouns, it is still hypothetically possible. That is problematic.
Hmm. I stand corrected on that.
This is worth highlighting:
Quote:
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.
Wiener’s office noted that the law “does not create any new criminal provisions,” but rather creates “new rights within an existing structure.”
I will never call Bruce Jenner "she", because he is and always will be a biological man. Sure he changed his name, so I guess some people might choose to call him Katelyn or whatever he calls himself.
But to think Gov Moonbeam or anyone else can imprison you unless you agree to play make believe will never pass Constitutional muster.
`
This! I hope the Supreme court intervenes and has him removed from office and jailed. This is very dangerous ground to be walking on.
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.
Wiener’s office noted that the law “does not create any new criminal provisions,” but rather creates “new rights within an existing structure.”
Newspaper interviews do not trump written law, so whatever they claim is immaterial. They should have either created a separate law or not put criteria associated with speech in it. Like I said, very problematic and if the state tries to enforce it they will find themselves in a lawsuit they will lose. The nursing home can fire an employee for their words said on the job, the government can't do a thing about it unless it is dangerous. Being called by the wrong pronoun may hurt a person's feelings but it doesn't endanger them.
__________________
When I post in bold red that is moderator action and, per the TOS, can only be discussed through Direct Message.
Moderator - Diabetes and Kentucky (including Lexington & Louisville)
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