California Crazy: Calling Someone the “Wrong” Gender Pronoun Could Get You Prison

Things are getting nutty in Cali.

Fox News’ Tucker Carlson recently had an interesting, albeit insane, debate with a California Democrat who wants to see people thrown in jail for what in essence would be “making fun” of someone else.

Democrats in California are trying to pass a new bill that would criminalize calling a person by the wrong gender pronoun.

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Yes, it would open the door to prosecute people who call someone “he” or “him” when they prefer to be called “she” or “her.”

Even worse, it doesn’t matter if it’s true or not. Perhaps the person standing before you is clearly a biological man, calling him by the right gender pronoun could get you in a heap of trouble.

The bill, would see elder care workers punished with prison time for calling the transgendered senior citizens they care for by the “wrong” gender pronoun.

From the Blaze:

Senate Bill 219 would enact what is called the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Resident’s Bill of Rights.

Here is the specific part of the bill [Fox News’ Tucker] Carlson took issue with:

“…would make it unlawful, except as specified, for any long-term care facility to take specified actions wholly or partially on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status, including, among others, willfully and repeatedly failing to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns”

The bill also extends protections to LGBT individuals by preventing care providers from “denying admission to a long-term care facility, transferring or refusing to transfer a resident within a facility or to another facility, or discharging or evicting a resident from a facility.”

Carlson welcome one California Democrat who supports the measure onto his show to discuss the obvious implications of such a horrendous bill. Democrat strategist Robin Biro did his best to avoid the free speech implications of this disastrous piece of legislation, and instead focused most of his efforts on other parts of the bill, which ensure that LGBT seniors get the same kind of healthcare that non-LGBT seniors do.

The problem is that no one is questioning whether LGBT seniors should or shouldn’t have access to the same kind of healthcare facilities and care that non-LGBT seniors do. There are already laws in place to ensure that.

Really, the only thing that SB-219 changes is that it criminalizes speech.

Carlson cuts to the heart of the matter when he points out the bill’s attack on all of our liberty:

I’m sure there’s lots of things I wouldn’t agree with in the bill. And just to be totally clear, I think you should call people what they want to be called. You know? You should be polite to people and I tried to be. But there’s a principle at stake here that you’re ignoring for political reasons that I’m a little surprised that you are. And that is a really simple one. It’s called free speech. 

And you have the right to express your view. And if other people don’t like it, they don’t like it. But you can’t be put in prison for saying what you think is true. And this bill seems to ignore that longstanding right that we’ve enjoyed, and I find it terrifying for that reason

This bill criminalizes speech. If you use the wrong word, you can be put in jail. That is grotesque. And I understand that you’re enthusiastic about expanding rights for LGBT elders. Okay? But why in the world would you as an American who once wore the uniform support a bill that would criminalize speech?  

In the end Biro admits that speech should not necessarily be criminalized, but his support for the bill seems undiminished.

Partial Transcript from RCP:

BIRO: Because elder abuse is inherently wrong. And I will read the bill –

CARLSON: Slow down. Speech is not abuse. 

BIRO: No. I’m talking about abuse. This is — understand this. Misusing someone’s pronoun is abuse. We see all the time people do this as a form of abuse. I follow the alt-right blogs where they call Michelle Obama a man. That is abusive. 

CARLSON: Should they go to jail for that?

BIRO: No. But if it’s done in a medical thing — hold on. Constituted, Tucker is prolonged continuous intentional abuse by a healthcare provider. 
That is abuse. That should be criminal. 

CARLSON: It should be criminal. Okay. What about thinking it? What if I have unpleasant thoughts about you and you could somehow find out I had them. Should you go to jail, too?

BIRO: No, that’s human nature. 

CARLSON: Oh, human nature. 

BIRO: That is human nature. 

CARLSON: But using the wrong pronounce should get me — how many times, okay, well, “abuse” is a subjective term. We’re not talking about physical abuse. We’re talking about saying something that person hearing it doesn’t like. 

BIRO: Mental abuse. 

CARLSON: Oh, mental abuse, right. Which is totally a subjective category once again. How many times would I have to misuse a pronoun before I went to prison?

BIRO: It has to be — I already gave you a three criteria. Prolonged, continuous intentional abuse by a health care provider. 


BIRO: There has to be a history — 

CARLSON: Let’s stop using euphemism here and let’s just get to the core facts. How many times would I have to misuse a pronoun before the police came, handcuffed me and sent me to a prison cell?

BIRO: That’s not just a pronounce. Like I said, you’re cherry picking. 

CARLSON: I’m not cherry picking. 

BIRO: This also is a — 

CARLSON: No, no, but the bill says a lot of things. 

BIRO: Because the bill — 

CARLSON: No, but it also says what I’m saying it says. I’m not making this up. 

BIRO: I know. 

CARLSON: But what I care about is the criminalization of speech. And I’m asking you a very simple question. How many times do I need to use the wrong pronoun before police with guns show up at my house and handcuff me and deprived me of my freedom and throw me in a prison cell? How many times? Four times, five times? How many times?

BIRO: That has not been — I posted the entire bill on my Twitter @RobinBiro. You can read the entire bill. It does not say a specific

CARLSON: You’re dodging it. You’re dodging it. Last question. There are a lot of things that I don’t like to hear. People call me names. I find it abusive. I have mental anguish as a result, let’s say. Should they go to jail for that?

BIRO: If they are your healthcare provider and they do it intentionally to mentally abuse you and as stated on the wall in the healthcare bill of rights, yes. 


BIRO: And if they do it over and over — 

CARLSON: Yes. These are like a minimum wage workers and you’re like, you know what I mean? Bullying them basically. It’s so weird. I wonder — I hope you’ll watch this tape when this is over and ask yourself if you’re really on the right side of this question. Because it used to be like people have their opinions they can expressed it but no one threatened to send them to jail. 


Onan Coca

Onan is the Editor-in-Chief at Romulus Marketing. He's also the managing editor at, and the managing partner at Onan is a graduate of Liberty University (2003) and earned his M.Ed. at Western Governors University in 2012. Onan lives in Atlanta with his wife and their three wonderful children. You can find his writing all over the web.

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