Texas lawmakers have filed at least 20 anti-LGBT proposals this year—likely the most in the history of any state.
It’s the type of onslaught that was widely expected among LGBT advocates, due to backlash over the spread of same-sex marriage.
Daniel Williams, legislative specialist for Equality Texas, said the group is “well-positioned” to defeat every piece of anti-LGBT legislation. Williams called it the worst session for LGBT rights since 2005—when the state’s marriage amendment passed and a proposal to ban gay foster parents was defeated on the House floor.
But things have changed since then, he said, pointing to the Texas Association of Business’ decision to oppose one well-publicized anti-LGBT proposal—a “religious freedom” amendment that would protect discrimination—prompting its author to back down.
“What’s different about this Legislature than 2005 is that Texas, like most of the nation, has evolved on LGBT issues, and that mainstream voice is emerging and is being heard in the Texas Legislature,” Williams said. “It damages the Texas brand, and I think that’s why you’re seeing so many business voices get involved. … We also know how this process works better than our opposition does.”
Williams wouldn’t elaborate on strategy, but out lesbian Rep. Celia Israel (D-Austin) suggested the best one may simply be to run out the clock.
“I feel good about our chances of stopping it, because there are so many major issues out there, that these small hateful and divisive bills will get pushed to the back of the agenda,” Israel said. “We’re going to run out of time, and we will be able to make a statement that there’s no place for that kind of law in the state of Texas.”
I should point out that Daniel Williams also posted this on Facebook:
Thirty-two pro-LGBT bills filed in the Texas legislature this session, more than we’ve ever had before, by more authors than we’ve ever had before; the most vocal, most educated, most diverse group of supporters we’ve ever had in office… and the national organizations, who seemed to have finally understood that Texas has a function other than serving as an ATM, can only howl about the bad bills – inviting people who don’t live here to add their snide comments about my home.
I don’t want to ignore or gloss over that, because it is a big deal and this isn’t 2005 any more. It’s better in some ways and worse in others. Having said that, I do remain concerned. Running out the clock is a good strategy, but it only works when the end of the legislative session really is the end of legislators being in Austin. We had too many special sessions under Rick Perry – remember, the awful HB2 passed during a special session – for me to feel confident. Maybe Greg Abbott will be different in that regard, but I expect him to come under some pressure, especially around the time SCOTUS issues a ruling on same sex marriage. The recount of signatures in the HERO repeal petition case – which we’re surely going to get Any Day Now, right? – will also be a pressure point. I hate to be a negative nellie, but I will not rest quietly until the coast really is clear.
And just to rub a little salt in it:
Barely two months after a federal judge struck down Texas’ hair-braiding regulations, a move to erase the unconstitutional statute already has bipartisan support. Not so for Texas’ anti-sodomy law, which remains on the books a dozen years after the U.S. Supreme Court declared it unconstitutional.
“Absolutely, there is a difference,” said Rep. James White, R-Hillister, who has filed a bill to do away with the braiding statute but wants to keep a similarly illegal law that criminalizes homosexual sex.
The braiding regulation, he said, “was a way of disenfranchising them out of the marketplace. I don’t necessarily think this was the case with sodomy.”
A federal judge in January struck down the state law requiring those who teach hair braiding to get barbers’ licenses and submit to other onerous regulations. Four lawmakers, two Republicans and two Democrats, since have filed bills to remove the unconstitutional statute from the books.
A Texas law criminalizing “deviate sexual intercourse with another individual of the same sex” is likely to remain on the books, however, even though the U.S. Supreme Court ruled it unconstitutional in 2003.
“By leaving this provision in the law, it’s insulting to Texans in the (lesbian, bisexual, gay and transgender) community,” said Rep. Garnet Coleman, D-Houston, who has filed legislation to do away with the statute. “It’s inconsistent, bordering on hypocritical to say one should remove something that’s been struck down … and not remove other statutes and language that has been struck down.”
Texas has dozens of these unconstitutional laws still on the books, but the more politically sensitive ones have little chance of being removed, said Tulane University constitutional law professor Keith Werhan.
“That’s pretty common,” said Werhan of states’ tendencies to leave these laws alone. “Basically, part of it is going to be inertia and part of it is maybe more willful in some areas. This may fall into the willful area.”
Yeah, I’d say “willful” is a good word. Some attitudes haven’t changed since Molly Ivins was there to document them. Again, there’s a lot to be optimistic about as well, as Daniel’s post makes clear. But haters are still going to hate.