On April 9, 2024, the New Mexico Supreme Court (NMSC) issued an administrative order, No. S-1-AO-2024-00016, which orders that court staff must use an individual’s “personal pronouns.” This post explores why that is a problem. A copy of the administrative order is available, below.
1. The NMSC’s court order is a violation of the compelled speech doctrine.
According to the Free Speech Center at Middle Tennessee State University, “The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression. Thus, the First Amendment not only limits the government from punishing a person for his speech, it also prevents the government from punishing a person for refusing to articulate, advocate, or adhere to the government’s approved messages.” Free Speech Center
In other words, part of the First Amendment right to free speech, is a corollary right not to be forced to say certain speech. The right against compelled speech is a well established constitutional protection. Obviously, for the government to force individuals to say something raises moral, ethical, and practical problems, not to mention being unconstitutional.
Despite this, the NMSC’s administrative order does exactly that, it compels its administrative staff to