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Reason
Reason
Politics
Eugene Volokh

"New York Recognizes No Tort of 'Misgendering'"

From Justice Gerald Lebovits (Manhattan trial court) in Tuesday's Garlington v. Austin; defendant Burstiner goes by "they/them," but plaintiff had apparently referred to Burstiner as "him":

The branch of defendants' motion to … requir[e] plaintiff to use correct names and pronouns … is denied…. There is … no showing of any actual "misgendering" or any legally cognizable injury arising from it. New York recognizes no tort of "misgendering." …

Burstiner had sought an order "requiring Plaintiff to use correct names and pronouns for all parties, as well as damages for each instance of deliberate misgendering that has occurred and continues to occur," and argued,

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