Judge Blocks University of California from Punishing Students for Transgender Pronoun Use

A federal judge has temporarily blocked the University of California from enforcing parts of its transgender harassment policy against members of a conservative education group, finding that the policy likely violates the First Amendment.

US District Judge Fred W. Slaughter issued a preliminary injunction preventing UC from punishing members of Defending Education for using, “in a commonplace way,” names or pronouns corresponding with a transgender person’s sex assigned at birth rather than their gender identity. The ruling does not completely strike down UC’s Sexual Violence and Sexual Harassment (SVSH) Policy but protects Defending Education members while their lawsuit against the university system proceeds.

Slaughter found the organization was likely to prevail on its First Amendment challenge, writing that UC’s policy “compels speech and is viewpoint-based.” At the center of the legal dispute is a policy that identifies the “intentional or repeated use of a name or pronoun inconsistent with the individual’s gender identity” as conduct that may constitute harassment.

Defending Education sued UC colleges in June, arguing the policy was so broad that students feared punishment for expressing beliefs about biological sex and gender identity. The group's complaint also alleges the rules extend beyond campus conversations to online communications and text messages, with university employees required to report suspected violations. Violations could lead to suspension, expulsion, or restrictions from campus activities, according to the lawsuit.

“These students want to engage in speech covered by the SVSH Policy, but they credibly fear that the expression of their deeply held views will lead to punishment,” the group argued in its lawsuit. Four student members submitted declarations supporting the challenge.

One UCLA senior claimed the policy forced her to “self censor” due to religious beliefs, while a UC Irvine student described working to “avoid pronouns or names” in classes with transgender individuals. Defending Education President Nicole Neily called the injunction a victory against a “coercive speech policy.”

UC maintains that the policy aims to stop discrimination and harassment, not to police protected speech. University spokesperson Rachel Zaentz stated that the rules are “designed to protect members of the university community from discrimination and harassment, not to regulate protected speech.”

The injunction does not prevent UC from enforcing its rules against abusive gender-based harassment, such as a bully calling a boy “little princess.” The ruling is preliminary and the underlying lawsuit will continue.