That SCOTUS ruling was huge, but there’s still a lot of work to be done.
LGBTQ Texans marked a major victory Monday when the U.S. Supreme Court ruled that federal civil rights law prevents employment discrimination on the basis of sexual orientation or gender identity. But in Texas, which did not have such workplace safeguards, LGBTQ lawmakers and advocates say they are far from done fighting for other essential protections.
Employment discrimination protections, they say, are necessary but not sufficient for advancing the equal treatment of LGBTQ Texans. Thanks to Monday’s ruling, Texans can no longer be fired for their sexual orientation or gender identity, but there is no state law explicitly preventing landlords from refusing to rent homes to LGBTQ Texans, for example.
Members of the Texas House LGBTQ Caucus are setting their sights on a comprehensive set of nondiscrimination protections that would codify the employment protections in state law, as well as guarantee LGBTQ Texans equal access to housing, health care and other public accomodations.
It will not be an easy bill to pass.
“We can’t look at this as being a partisan or political issue — it’s a human issue,” said Democratic state Rep. Jessica González, vice chair of the LGBTQ Caucus. “And in order to create a change in mind, you need to create a change in heart.”
González announced in May that she would spearhead the fight for a comprehensive nondiscrimination bill during the next regular legislative session in 2021 with Republican state Reps. Sarah Davis of West University Place and Todd Hunter of Corpus Christi.
“We rolled it out early to start the conversation,” González said.
In pushing for comprehensive nondiscrimination protections, LGBTQ lawmakers and their allies are also making an economic case. Big businesses like Amazon and Google have been major advocates for LGBTQ Texans over the last few years, telling lawmakers that to attract the best talent to their Texas offices, they need to guarantee workers equal rights in their communities.
“It is the business community’s voice that has been one of the loudest and strongest advocates for the LGBT community over the years,” said Tina Cannon, executive director of the Austin LGBT Chamber of Commerce.
Still, advocates have acknowledged that Monday’s ruling, while exhilirating the LGBTQ community, may also stir up opposition.
“I do think this is going to galvanize the folks who don’t want us to be at the same level,” Shelly Skeen, a senior attorney with the LGBTQ rights group Lambda Legal, said during a virtual briefing after Monday’s ruling. “So we got even more work to do, but I think we got some great momentum behind us.”
LGBTQ Caucus members have already made major progress since 2017, when LGBTQ advocates spent much of the legislative session playing defense as they fought back a controversial “bathroom bill” that would have limited transgender Texans’ access to certain public spaces. It was championed by Lt. Gov. Dan Patrick and hardline conservative groups.
See here for more on that SCOTUS ruling, and here for more on the equality bill. Dems taking the House is probably the only path to this bill making it out of the lower chamber, where it will never get a hearing in the Senate. The best we can do is get everyone on the record, and fight like hell to elect more Democratic Senators in 2022, as well as un-electing Dan Patrick and Ken Paxton, by far the two biggest obstacles to getting a real equality bill enacted. Yeah, I’ve got Paxton there ahead of Greg Abbott, who I could sort of maybe imagine going with the flow if he gets enough pressure from business and the wingnut fringe has been somewhat neutered. Electing some Democrats to the State Supreme Court would also help, and that we can do this year as well. The things to remember are 1) this is going to take more than one session; 2) the more elections we win, the closer we will be able to get; and 3) we cannot ease up, not even a little, because it will always be possible to go backwards. Eyes on the prize, and get people elected to do the job. That’s what it is going to take.