Judge Blocks University of California’s ‘Misgendering’ Speech Policy
A California judge ruled against University of California’s policy of punishing students who “misgender” or “deadname” individuals who identify as “transgender.”
Defending Education challenged UC’s “Sexual Violence and Sexual Harassment Policy” and “Anti-Discrimination Policy” in June 2026, arguing that the policies forced students to use language that promotes “transgender” ideology and threatened students “who dare to disagree with the prevailing campus orthodoxy.”
District Judge Fred W. Slaughter issued a preliminary injunction on behalf of Defending Education and its members, barring UC schools from enforcing the rules against them. Defending Education had sought a broader injunction against the use of the policy, but the judge gave a narrow ruling.
The Sexual Violence Policy prohibits “intentional and repeated use of a name or pronoun inconsistent with the individual’s gender identity (i.e., misgendering).”
The policy states that a “hostile environment” is created when, for example, “a transgender man is intentionally and repeatedly called by his dead name (i.e., refers to a name that a transgender person was given at birth but that they no longer use).”
In other words, the policy prohibits students from calling transgender-identified individuals by names and pronouns consistent with their correct biological sex.
This is not just an abstract policy that threatens students who don’t believe transgender ideology.
Students at all 10 UC schools must undergo yearly “Sexual Harassment, Anti-Discrimination, Prevention and Education” training. The training emphasizes that students create a “hostile environment” when they don’t want to share a restroom with someone of the opposite sex or when they fail to acknowledge another’s “gender identity.”
Defending Education is a nonprofit grassroots organization that works “to restore free speech and the free exchange of ideas across K-12 and higher education while keeping political ideology and activism out of our schools.” The organization fights indoctrination in the classroom and promotes “the reestablishment of a quality, non-political education for all students.”
Its members, like “Student A” in the lawsuit, believe “that people are either male or female.” Her faith keeps her from affirming false “preferred pronouns” or “chosen names.”
According to the complaint, she has no animosity “towards people who identify as transgender or nonbinary,” but:
In fact, she thinks that affirming someone’s non-biological “gender identity” is harmful to that person because it encourages him to believe a falsehood about himself and discourages him from seeking proper care to address his gender dysphoria.
“Student C,” also listed in the lawsuit, likewise believes that “people are either male or female.” While he wants to speak up in class when these issues are raised or speak out publicly about men in women’s private spaces, he “self-censors” because he could “be punished for violating UC’s policies.”
UC policies violate the First Amendment rights of like-minded students who cannot affirm transgender lies. Such compelled speech is unconstitutional.
Defending Ed President Nicole Neily applauded Judge Slaughter’s decision and said the organization will continue to battle for students’ First Amendment rights:
We are gratified by today’s district court decision enjoining the University of California system’s coercive speech policy against our members. It is unconstitutional for public universities to compel student speech, and we will continue to defend this principle in California and other schools across the country as needed.
We wish them success as the case, Defending Education v. Maria Anguiano, makes its way through the courts.
Related articles and resources:
Court Rules Against Social Worker for Promoting ‘Binary View of Gender’
Free Speech Victory for Virginia Teacher Fired Over ‘Transgender’ Pronoun Policy
Missouri Governor Signs Bill Protecting Constitutional Freedoms on Campuses
Oregon School District Pays $650,000 for Firing Teachers Opposed to ‘Trans’ Policy
Teacher Wins $650,000 After Being Fired for Refusing to Use ‘Trans’ Pronouns
Teacher Wrongly Fired for Refusing to Use ‘Preferred Pronouns’ Wins $575,000
ABOUT THE AUTHOR

Jeff Johnston is a culture and policy analyst for Focus on the Family and a staff writer for Daily Citizen. He researches, writes and teaches about topics of concern to families such as parental rights, religious freedom, LGBT issues, education and free speech. Johnston has been interviewed by CBS Sunday Morning, The New York Times, Associated Press News, The Christian Post, Rolling Stone and Vice, and is a frequent guest on radio and television outlets. He graduated Phi Beta Kappa from San Diego State University with a Bachelors in English and a Teaching Credential. He and his wife have been married 30 years and have three grown sons.
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