When Brina Soell became Leo, the fifth-grade teacher asked coworkers to use “they” and “them” instead of “she” or “he.” Soell, who identifies as “transmasculine and genderqueer,” complained of harassment, reports the Oregonian. Gresham-Barlow officials agreed to give Soell $60,000 to settle emotional damage claims, add gender-neutral bathrooms to all schools, clarify policies about transgender teachers and mandate trainings for all principals.
Sexual harassment policies are moving from telling people what not to say to demanding that they “must say certain things,” writes Scott Shackford on Reason.
New York City has threatened employers with heavy penalties if they don’t ensure their employees address each other (and customers) by the pronoun of their choice, including “ze/hir” and other non-standard pronouns. The directive also applies to landlords and tenants, professionals and clients and business owners and customers. Everyone is supposed to ask everyone and remember who’s what.
Requiring people to say things they don’t wish to say violates free-speech rights, writes Eugene Volokh, a UCLA law professor.
When the government is acting as sovereign, telling us what we must or must not say on pain of coercively imposed legal liability, the First Amendment is at full force. That force, I think, should preclude government commands that we start using new words — or radical grammatical modifications of old, familiar words — that convey government-favored messages about gender identity or anything else.
He notes that Soell complained of harassment, in part, due to other teachers “refusing to call me by my correct name and gender to me or among themselves” (emphasis added), as well as posting “messages on Facebook that denigrate transgender people.”