Overview
- The unanimous decision reverses a 2021 appeals court ruling that had struck down the pronoun provision as unconstitutional.
- The court defined a violation as willful and repeated misgendering that occurs in a resident’s presence, is perceived by the resident, and causes harm because it is experienced as abusive.
- SB219 permits misdemeanor charges carrying up to six months in jail and a $2,500 fine and requires room assignments based on a resident’s gender identity unless the resident requests otherwise.
- Chief Justice Patricia Guerrero authored the majority, and the court noted that criminal enforcement is intended for the most egregious cases.
- The law was challenged by the group Taking Offense, which may seek review at the U.S. Supreme Court.