Kansas Attorney General Kris Kobach in an Oct. 6 letter (full text) to the Chief Judge of the U.S. 10th Circuit Court of Appeals asks the court to end the practice of some district and circuit court judges to require references to counsel, parties and witnesses by use of their preferred pronouns. The letter says in part:
There are lawyers in my office who, for both religious and non-religious reasons, reject the idea of individuals dictating their own applicable pronouns....
The idea that a person can dictate his or her own pronouns based on internal feelings and then expect others to go along with that choice is a quite recent development.... But regardless of the merits of this idea as an abstract matter, enlisting the power of the state to force others to affirm such individual choices or feelings crosses a line and raises major questions regarding compelled speech and the First Amendment.
Many people have religious beliefs that would prevent them from using pronouns that do not correspond to a person’s sex. In Christianity (the most common religion in the United States), this position generally proceeds from interpretations of Genesis 1:27 and other scriptures that speak of a male/female dichotomy among persons. Other major world religions likewise have doctrines that point in the same direction.... To force these individuals to violate their religious beliefs in order to be heard in court is a restriction on their free exercise of religion....
Indeed, “gender identity” is the subject of growing wave of legislation and litigation. So requiring those appearing in court to use (or refrain from using) certain pronouns may reveal a prejudgment on issues in litigation.
The Attorney General's office also issued a press release summarizing the letter.
