Ladies and gentlemen, I give you Scott Braddock:
On a vote of 19 to 12, the Texas Senate votes to advance the Holy Chicken Nugget bill to third reading #TxLege
— Scott Braddock (@scottbraddock) 6:32 PM – 15 May 2019
Over the fierce opposition of Democrats, the Texas Senate on Wednesday advanced a significantly watered-down version of a religious liberty bill whose original form some LGBTQ advocates labeled the most discriminatory piece of legislation filed this session.
The bill requires one more vote from the Senate before it can return to the Texas House, whose LGBTQ Caucus killed a nearly-identical proposal on a procedural motion last week. But the House is likely to advance the measure if given a second pass, at least according to the lower chamber’s leadership.
As filed, Sen. Bryan Hughes’ Senate Bill 1978 contained sweeping religious refusals language that brought LGBTQ rights advocates out against it in force. Proponents, for their part, have labeled the Mineola Republican’s proposal the “Save Chick-fil-A Bill,” in reference to a provision that would empower the Texas attorney general to sue San Antonio for excluding the Christian-owned chicken franchise from its airport.
Senate Democrats used every means they had — long lines of questioning, a slew of proposed amendments and a procedural point of order — to fight the bill, or at least tweak it as it was debated. But ultimately, after three hours of discussion, the measure passed on a 19-12 vote, with Brownsville Democrat Eddie Lucio Jr. voting for it and Amarillo Republican Kel Seliger voting against it.
Still, the messy floor fight many advocates feared would load up the bill with discriminatory amendments did not materialize.
The original version of Hughes’ proposal prevented government retaliation against an individual based on that “person’s belief or action in accordance with the person’s sincerely held religious belief or moral conviction, including beliefs or convictions regarding marriage” — language advocates feared would embolden businesses to discriminate against gay Texans. The revision, which Hughes made on the floor, outlaws government retaliation against someone based on their association with or support of a religious organization. That revised language is largely duplicative of existing protections for freedom of religion and freedom of association.
But advocates — pointing to the bill’s origins, and to its roots as model legislation from anti-gay efforts across the nation — adamantly opposed the bill, lobbying lawmakers to do so as well. Samantha Smoot, interim director of the advocacy group Equality Texas, said this week the measure is “part of an insidious, coordinated strategy to advance anti-LGBTQ messages and discriminatory public policies.”
As senators slogged through the debate, one recurring theme from Democratic opposition was: Why spend time on a controversial measure when there are so many other priorities to complete? And, some added, if the bill is largely just a codification of existing protections, why bring it forward at all?
“Can you identify the shortcomings of the Constitution in protecting religious freedom?” asked Sen. Carol Alvarado, D-Houston.
“This is covered under the First Amendment, so I’m not sure what your angle is,” she added, after reading from it.
Responding to such questions, Hughes called the measure an important “vehicle for protecting those First Amendment rights.”
That vehicle could come in the form of a lawsuit from the Texas attorney general, who under Hughes’ legislation would be empowered to sue governmental entities accused of discriminating based on religious affiliations. One likely candidate for such a lawsuit is the fast food franchise Chick-fil-A, which was recently blocked from opening a restaurant in the San Antonio Airport after a member of the city council said he could not support a company with “a legacy of anti-LGBTQ behavior.”
See here for the background. Lord knows, if there’s one thing we need, it’s an excuse for Ken Paxton to launch another religion-fueled legal crusade. The main thing to keep an eye on here is the clock, as time is running down for this to be approved by the House. Call your State Rep and urge them to oppose SB1978. Every little bit will help.
(Also, too: How long has it been since I’ve wondered when the hell we’ll finally rid ourselves of Sen. Eddie Lucio? Because holy cow, he sucks.)