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Reason
Reason
Eugene Volokh

Pronouns and Cases Involving Transgender Parties

From In the Interest of C.G., decided today by the Wisconsin Supreme Court, in an opinion by Justice Rebecca Grassl Bradley, agreed with in relevant part by all the Justices except Justice Brian Hagedorn:

Because Ella [the pseudonym the parties used for the petitioner] entered the juvenile justice system as a male, many relevant records——including records prepared at the direction of Ella's appellate counsel——refer to her using male pronouns. When quoting those records, we use those pronouns. Elsewhere in our opinion, however, we use female pronouns out of respect for Ella's individual dignity. All parties and amici curiae used her preferred pronouns in their briefing, and the court of appeals used them in its published opinion.

{We recognize the use of preferred pronouns is a controversial issue. No law compels our use of Ella's preferred pronouns; we use them voluntarily. Our decision to do so bears no legal significance in this case, nor should it be construed to support their compulsory use.

Although cautioning courts to "remain scrupulously neutral" with respect to the use of pronouns, Justice Brian Hagedorn does not recognize in his concurrence that referring to Ella as C.G. will be seen as a partisan choice by many readers. The "ontological and moral question[]" over pronouns is neither legal in nature nor within the scope of the issues presented. We join the parties and the court of appeals in referring to Ella using her preferred pronouns.

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