What is the purpose of government?
If you pose this question to 100 different people, odds are you’d get 100 different answers, mostly depending upon which way the respondent’s political ideologies lean.
Many on the Left will often answer with some variation of “to take care of the people.”
Many on the Right will answer somewhere along the lines of “to create and enforce laws.”
But both of these answers are wrong. There’s only one real purpose for the existence of government: to protect the freedoms of the people.
That’s the whole job of any government, including the government of the United States.
Sure, they have other responsibilities like maintaining the military, issuing national currency, and so forth—but the bottom line always comes down to one thing: ensuring that Americans’ rights will be preserved.
We Are A Nation Of Laws… Written To Protect RIGHTS
However sometimes laws come around that do the exact OPPOSITE, and that’s when we hope the courts of the lands do THEIR job and judge whether these new laws are on the up and up. Usually, that’s as far as it goes, but every once in a while, a law will come along and skirt under the radar.
People will forget it existed or be totally unaware it was even written up and then it stays on the books with no one the wiser.
Such was the case for California’s “SB-219 Long-term care facilities: rights of residents” bill that was signed into law back in 2018.
The thing about these bills is that they’re often Trojan Horses for other legislation that couldn’t pass on its own.
They give these bills patriotic names or titles that inspire a compassionate response, such as SB-219’s “Right of Residents”—but those names simply hide the fact that these laws strip rights from everyday Americans in favor of catering to special interest groups.
This was exactly the case with SB-219.
See, while it was labeled as “Rights of Residents,” one of the provisions in the law mandated that health care workers MUST use a transgender patient’s preferred gender pronouns.
Per the bill, “Among other things, the bill would make it unlawful, except as specified, for any long-term care facility to take specified 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, including, among others, willfully and repeatedly failing to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns, or denying admission to a long-term care facility, transferring or refusing to transfer a resident within a facility or to another facility, or discharging or evicting a resident from a facility.”
In effect, this law FORCED nursing home workers to use preferred transgender pronouns and names for patients under threat of a $1,000 fine and/or one year in prison.
As Unconstitutional As They Come
You would think that this part of the law, which is OBVIOUSLY a violation of the First Amendment, would have gotten shut down immediately, but here we are, four years later, and it’s still on the books…or at least it WAS.
California’s Third District Court of Appeal just shot it down, declaring it unconstitutional and announcing that the provision will be stricken from the law in short order.
The pronoun provision, the court said, is a “content-based restriction of speech that does not survive strict scrutiny” and “burdens speech more than is required.”
Associate Justice Elena Duarte wrote, “The pronoun provision at issue here tests the limits of the government’s authority to restrict pure speech that, while potentially offensive or harassing to the listener, does not necessarily create a hostile environment.”
It’s important to point out that Justice Duarte italicized “potentially” and “necessarily” because what is “offensive” and “hostile” is subjective.
This opens the state up to all kinds of legal action, so the court correctly ruled against it. There really was no choice.
This is an absolute win for Americans and the First Amendment.
We should celebrate this as it means that the Leftist Thought Police are being held at bay for a little while longer.
God bless the Founding Fathers for being BRILLIANT!
“The First Amendment is often inconvenient. But that is besides the point. Inconvenience does not absolve the government of its obligation to tolerate speech.” – Anthony Kennedy