University of California blocked from enforcing misgendering policy

A federal judge has issued a preliminary injunction temporarily preventing the University of California from enforcing parts of its sexual harassment policy against members of the conservative group Defending Education. US District Judge Fred W. Slaughter ruled that the group is likely to succeed in its First Amendment lawsuit, noting that the university policy “compels speech and is viewpoint-based.”

The policy in question identifies the “intentional or repeated use of a name or pronoun inconsistent with the individual’s gender identity” as conduct that may constitute harassment. Under university rules, violations can lead to severe disciplinary actions, including suspension, expulsion, or the revocation of degrees. The rules apply to students, faculty, and staff, and extend to online posts and text messages.

Defending Education filed the lawsuit in June, arguing the policy forces students to choose between their religious or personal beliefs regarding biological sex and their academic standing. The injunction protects the group members while the broader legal challenge against the university system proceeds, though it does not strike down the entire policy.