Is it a felony to misgender someone?
Misgendering someone, or referring to a person with the incorrect pronouns, can be a highly offensive and triggering experience for the individual being misgendered. With the increasing visibility and recognition of the LGBTQ+ community, it is essential to understand the legal implications of misgendering. Is it a felony to misgender someone?
What is misgendering?
Misgendering refers to the act of incorrectly assigning gender pronouns or labels to a person. This can include using a person’s assigned gender at birth, instead of the gender they identify with, or using pronouns that are not respectful or appropriate. Misgendering can occur unintentionally, but it can also be a deliberate act, intended to offend or degrade the individual being referred to.
Legal implications
While there are no federal laws that specifically criminalize misgendering, some states have enacted laws that make it illegal to harass or intimidate someone based on their gender identity. Additionally, some local governments and municipalities have adopted policies or ordinances that protect individuals from discrimination based on their gender identity.
**In some cases, misgendering can lead to legal consequences
State-specific laws
• California: California’s anti-harassment law prohibits intentional and reckless harassment based on gender identity or expression, including misgendering. (California Penal Code, Section 422.7)
• Florida: Florida’s "Dade County Human Rights Ordinance" prohibits discrimination based on gender identity, including misgendering, in public accommodations, housing, and employment. (Dade County Code, Section 62-17)
• New York: New York’s anti-harassment law prohibits harassment based on gender identity or expression, including misgendering. (New York Human Rights Law, Section 296.2)
• Texas: Texas’s "Hate Crimes" law includes gender identity as a protected class, and misgendering can be considered a hate crime in certain circumstances. (Texas Penal Code, Section 42.0195)
Legal precedents
• The State of Washington: In 2017, the State of Washington filed a hate crime charge against a man who allegedly punched a transgender woman in the face after repeatedly misgendering her. The defendant was found guilty of malicious harassment and sentenced to 2.5 years in prison. (State of Washington v. M.P.)
• The United States Court of Appeals for the Fourth Circuit: In 2018, the Fourth Circuit Court of Appeals ruled that intentional misgendering can be considered gender-based harassment, and thus a violation of Title VII of the Civil Rights Act of 1964. (Hively v. Ivy Tech Community College)
Practical implications
• Education and awareness: Misgendering is often the result of ignorance or a lack of understanding about gender identity. Education and awareness campaigns can help reduce instances of misgendering and promote a more inclusive and respectful environment.
• Inclusive language: Using respectful and inclusive language is essential in promoting a safe and welcoming environment for individuals who identify as transgender, genderqueer, or genderfluid. Using gender-neutral pronouns or asking individuals how they prefer to be referred to can go a long way in promoting inclusivity.
• Reporting incidents: If someone experiences misgendering, it is essential to report the incident and document any evidence. This can help ensure that appropriate legal action is taken and that individuals feel supported and empowered to report future incidents.
Conclusion
Misgendering is a serious issue that can have legal, emotional, and psychological consequences for individuals who experience it. While there is no federal law that criminalizes misgendering, some states and local governments have enacted laws that protect individuals from discrimination and harassment based on their gender identity. Is it a felony to misgender someone? While the answer is no, misgendering can lead to legal consequences, particularly in cases where it is accompanied by other forms of harassment or violence.
