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A federal judge has issued a temporary injunction preventing the University of California (UC) from disciplining members of the conservative group Defending Education for refusing to use students' preferred pronouns. The decision, delivered by U.S. District Judge Fred W. Slaughter, suggests that UC's policy on pronouns likely violates the First Amendment by compelling speech and being viewpoint-based.
The injunction specifically protects Defending Education members while the lawsuit progresses, but the policy remains applicable to other UC students, faculty, and staff. The university's policy, which is part of its Sexual Violence and Sexual Harassment Policy, identifies the intentional or repeated use of a name or pronoun inconsistent with an individual's gender identity as harassment.
Judge Slaughter's ruling comes amid growing legal battles over transgender rights in educational settings. The judge noted that the policy compels speech and is viewpoint-based, aligning with recent court decisions that protect free speech in educational contexts.
Defending Education President Nicole Neily celebrated the ruling, calling the policy "coercive." However, UC spokesperson Rachel Zaentz stated that the policy aims to protect against discrimination and harassment, not to regulate protected speech. She emphasized that UC will continue to foster a welcoming environment that balances freedom of expression with the rights of all community members.
The injunction is temporary and does not determine the final outcome of the case. UC can still enforce its policy against abusive gender-based harassment. The case continues to unfold, with implications for similar policies across educational institutions in California and beyond.