CANHR has joined with Justice in Aging and LGBTQ Senior Organizations to submit an amicus brief to the California Supreme Court, asking the court to review a Court of Appeal decision that invalidated the “pronoun provision” of the LGBT Long Term Care Facility Residents Bill of Rights.  The brief supports the argument of the Attorney General and joins other amici in requesting review of the lower court decision.

The brief we signed argues that the Court of Appeal mischaracterized the pronoun provision.  This provision makes it unlawful for a long-term care facility staff member to “[w]illingly and repeatedly fail to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns,” and the brief argues that other settings where deliberate misuse of pronouns has been found to be discriminatory support the enforcement of the statute.  The particular circumstances of LGBTQ seniors make protection of their rights vital, since they may have more limited choices about how to receive necessary care because they are less likely than non-LGBTQ seniors to have children or other family members available to provide in-home care.  Obtaining assistance should not require giving up the right to be treated with respect.