Constitutional? Feds and judges compel employees, litigants to use preferred gender pronouns

The Department of Health and Human Services and several federal judges are compelling federal employees and litigants to identify others by their preferred gender pronouns, raising First Amendment and judicial impartiality issues.

The HHS mandate came out Wednesday and explicitly refers to National Coming Out Day, which was recognized by a dozen Democratic congressional members

The mandate appears to be based on an Office of Personnel Management "guidance" document from March that claims agencies are "encouraged to create or update" gender-identity policies but implies it's not optional, citing President Biden's executive orders and the Supreme Court's arguably inapplicable Bostock ruling.

At least five district judges in the 10th U.S. Circuit Court of Appeals "explicitly require" litigants to use "the selected pronouns of counsel, litigants and witnesses" in court, and another two "pressure" them to do so, Kansas Attorney General Kris Kobach told Chief Judge Jerome Holmes, appointed by President George W. Bush, in an Oct. 6 letter.

Transgender Flag 1 by Lena Balk is licensed under Unsplash unsplash.com
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