California – The Third District Court of Appeals this week ruled that forcing nursing home staff to refer to transgender residents by their preferred pronoun violates the First Amendment.
The 2017 law prohibited nursing home staffers from ‘discriminating’ or ‘mistreating’ residents by referring to anything other than their preferred pronouns.
Anyone who violated the California Residential Care Facilities for the Elderly Act is guilty of a misdemeanor.
The appeals court overturned the part of the law that ban employees from “misgendering them” also known as “deadnaming.”
NBC News reported:
The Third District Court of Appeal overturned the part of the law barring employees of long-term care facilities from willfully and repeatedly using anything other than residents’ preferred names and pronouns. In doing so, the law banned employees from using the incorrect pronouns for trans residents, also known as misgendering them, or using their legal name, also known as deadnaming them.
That ban violates employees’ rights to free speech, the court ruled Friday.
“The law compels long-term care facility staff to alter the message they would prefer to convey,” the court reasoned, adding that the ban “burdens speech more than is required” to reach the state’s objective of eliminating discrimination including harassment on the basis of sex.
Referring to residents other than by their preferred gender “may be disrespectful, discourteous, and insulting,” Associate Justice Elena Duarte wrote on behalf of the three-judge panel. But it can also be a way “to express an ideological disagreement with another person’s expressed gender identity.”
“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,” she wrote, adding italics to “potentially” and “necessarily.”
Transgender activists said they will challenge the court’s decision.
Speaker Pelosi Supports Democrats Passing Immigration Reform Without GOP Votes
House Speaker Nancy Pelosi (D-Calif.) said Friday that she supports Democrats passing immigrations reform in Democrats’ multitrillion-dollar spending package without GOP support.
“I do believe that immigration should be in the reconciliation, some piece of that, in the reconciliation,” Pelosi told reporters on Friday during a press conference with House Democratic leadership.
“But to qualify for being included in a reconciliation bill, the proposal has to have an impact on the budget. We have clear numbers to that effect to go forward … We know we have a very good case for this to be included,” Pelosi added.
The speaker’s comments come after Democrat leaders met with President Joe Biden and Vice President Kamala Harris earlier in the week about providing a pathway to citizenship for the millions of illegal immigrants living in the United States.
“Yesterday, I was pleased to join Chair [Zoe] Lofgren, and Chairman [Jerry] Nadler, as well as Chair [Dick] Durbin, and Chairman [Bob] Menendez, and a group of others in the White House to talk to the president about this and reiterate our support for reconciliation including immigration proposals,” said Rep. Pete Aguilar (D-Calif.), the vice-chair of the House Democrat caucus and a leader for the party on immigration reform, at Friday’s press conference.
“We should be guided by providing the greatest good for the greatest number of people in our country, and so, including a path to citizenship for those with DACA [Deferred Action for Childhood Arrivals] status, TPS [Temporary Protected Status], essential workers, and those farmworkers,” said Aguilar, adding that the White House supports immigration reform provisions.
Democrats are pushing to include a pathway to citizenship for DACA immigrants who were brought to the United States as children and are protected from deportation, as well as TPS holders, essential workers, and farmworkers.
Durbin said it is essential to include a pathway to citizenship for undocumented workers because they sustain the country’s agricultural industry.
“We estimate that there are 2.4 million migrants who come to the United States each year to plant and pick our crops, to milk the cows, to process the food, to work in poultry and meat processing, and without them, these industries would struggle to survive,” said Durbin from the Senate floor in July.
“So, literally, we’re saying to farmworkers, if you will give us 19 years of your life, picking our crops. We will give you a chance to be a citizen … Some call [it] amnesty. I won’t,” said Durbin.
The immigration reform provision would be included in the $3.5 trillion reconciliation package, which is being called an infrastructure package by Democrats. But critics say the massive bill will expand social programs by the federal government, and includes things like free community college, free pre-K, and expanding Medicare.
With the reconciliation process, the Democrats would not need any Republicans to vote for the package in order for it to be signed into law. Democrats say the bill would be paid for by raising taxes on wealthy Americans and corporations.
Sen. Lindsey Graham (R-S.C.) told Fox News on Friday that he will oppose the reconciliation process and do everything legally in his power to stop the passing of the multi-trillion-dollar package.
“The reconciliation package is not infrastructure. It’s big government, a liberal wish list. Paid family leave, all kind[s] of new social programs unrelated to infrastructure,” Graham said.
“If for some reason they pass [the] reconciliation budget resolution to bring that bill to the floor of the United States Senate, the $3.5 trillion bill, you got to have a quorum to pass a bill in the Senate, I would leave [Washington D.C.] before I’d let that happen,” Graham said, referring to how Texas Democrats left Texas during a special session, breaking quorum and preventing a vote by the majority on election reform.
Graham stressed the reasons he would break quorum to prevent the $3.5 trillion package from passing.
“I will do it because if we pass that bill, you’re going to have inflation through the roof. And if they put legalizing illegal immigrants in that bill, you’re going to have a complete run on the border. It will be throwing jet fuel on a fire, called illegal immigration. It would lead to an invasion of illegal immigrants if we put amnesty in the $3.5 trillion bill. So, I would do anything I could to stop that.”
Arizona Town Facing ‘Nightmare’ Illegal Immigrant Influx
In the normally peaceful desert town of Gila Bend, nestled 100 miles north of Arizona’s border with Mexico, illegal aliens have been arriving daily since the town declared a state of emergency in March.
The illegal immigrants have all been on foot, and all appeared to be bound for parts unknown, carrying with them only their backpacks and the clothes they had on.
“What we are literally getting is a flood of migrants walking into town,” said Gila Bend Mayor Chris Riggs, who requested that a state of emergency be declared when a busload of 30 migrants was dropped off without any warning by the U.S. Border Patrol.
Riggs said the arrival of the bus came as a shock—not just to the city’s 1,900 residents—but to municipal resources already stretched thin by the economic impact of the CCP virus pandemic.
“We had no way of getting these people anywhere,” Riggs told The Epoch Times.
When Riggs and the Gila Bend City Council unanimously declared a state of emergency, the buses stopped coming, at least “for the time being,” Riggs said.
But the illegal immigrants continue to arrive nonstop, mostly on foot.
Each day, Riggs estimates that between 30 and 40 illegal aliens of various nationalities will walk into the city from the nearby southern town of Ajo.
Many were most likely processed at a federal detention facility located further south in the town of Why, Arizona, and then released.
Riggs said that a number of the immigrants appear to be families, while “most are adults of military age.”
“A lot of them are catching rides along Maricopa Road [in Gila Bend]. We’re seeing a lot more drug activity now than we did in the past,” he said.
In recent months, property crimes have tripled, and one reported armed robbery involved two immigrants who claimed to have a gun, he said.
When it comes to confronting illegal immigrants, law enforcement officials’ hands are tied by the federal government. Lacking its own police department, Gila Bend has a contract with the Maricopa County Sheriff’s Department to provide law enforcement coverage.
“They’ve been told hands-off by court order,” Riggs said.
As a workaround, Gila Bend hired Paloma Security to confront illegal immigrants and deter crime, a situation that is proving “frustrating” to residents.
Riggs said that among the groups, a number appear to be unaccompanied minors, which raises the specter of child trafficking.
According to Jessica Vaughan, director of policy studies for the Center for Immigration Studies, it’s “definitely taxpayer money and federal dollars” fueling the latest surge in border crossings and the alien resettlement program.
“They’re trying to just turn them over quickly and process them quickly,” Vaughan said. “Most of them that show up have a destination but no idea how to get there. The buck stops at the state and local government. They have to pick up the pieces.”
In February, the U.S. Border Patrol apprehended nearly 100,000 migrants at the U.S.–Mexico Border, though illegal crossings continue to surge.
Arizona state Rep. Mark Finchem, a Republican, said he can speak “firsthand” to the fact that unaccompanied minors are being transported across the United States at taxpayer expense.
“On my morning flight from Phoenix to Charlotte [N.C.] a week ago this past Sunday, there were three unaccompanied Hispanic minors,” Finchem told The Epoch Times. “Each had a white paper document hung around their neck, not the document one usually sees with American Airlines for unaccompanied minors. The document said, ‘Passage Document, U.S. Department of —.’ I could not make out the department since the document was folded.
“I had no idea where they were going.”
An email to American Airlines requesting comment was not returned.
Riggs said that none of the immigrants that he’s seen were wearing masks. There have also been reports of immigrants being dropped off in vehicles near Gila Bend’s senior center.
In the aftermath of the town’s declared state of emergency, Riggs has called upon state and federal officials to help the city handle its immigration crisis given its lack of resources.
To date, only Sens. Kyrsten Sinema and Mark Kelly, both Arizona Democrats, have stepped up to offer help to stem the influx, he said.
“It’s a nightmare,” Riggs said, adding that the local cost of illegal migration is mounting.
With a $2 million annual budget, “we’re pushing another $300,000 a year dealing with this. We’re doing our best not to [raise taxes],” Riggs said.
Gila Bend officials are also weighing the cost of establishing a town police department to “start enforcing trespass laws—if nothing else,” he said.
Minnesota Woman Decapitated in Broad Daylight (VIDEO)
A 55-year-old woman was beheaded in broad daylight near Minneapolis on Wednesday, and her abusive boyfriend was arrested for the killing, reports said.
The decapitated body of America Mafalda Thayer was discovered lying on the ground next to a car by cops who responded to a stabbing in Shakopee, Minnesota, according to KMSP.
Officers recovered a large knife in an alley nearby. Thayer’s boyfriend, 42-year-old Alexis Saborit, was taken into custody and charged with second-degree murder, police said.
Thayer worked at the Dollar Tree and My Pillow, where co-workers said she was in a long-term relationship with the suspect and was allegedly abused by him, the network reported.
Saborit had previously been convicted of gross misdemeanor domestic assault, the station said.
Friends remembered Thayer, a Cuban immigrant, as hardworking, kind and warm, according to SW News Media.
Nicky Kendrick knew the victim for five years and said she used to visit her everyday at work, the outlet reported.
“She was soft spoken, so funny and always had amazing stories. She always went out of her way to say hi to me when she saw me,” Kendrick reportedly said.
“She was just truly the kindest to everyone. I haven’t met anyone as genuinely kind as America was since my late grandma.”
“I had no idea it was her at first, and then a mutual friend messaged me and it all clicked,” she told the outlet. “I’m devastated, it’s unreal and I just have no words.”
My Pillow co-worker and friend Jamie Worley said Thayer worked 70 hours a week, according to the article.
“I went there today and went to the store and got her a rose and a teddy bear to put on her desk. When I got there I didn’t even look at any other of my co-workers. I just stood at her desk with my head down. Everyone was just crying. It was a very emotional day and it still is,” Worley reportedly said.
A vigil was reportedly planned Thursday night at the scene of the execution.
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