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transgender rights

House passes anti-trans sports bill

Disgraceful.

The Texas House approved legislation on Thursday that would restrict transgender student athlete participation in school sports, clearing a notable hurdle for supporters of the measure after similar legislation sailed through the Senate and stalled in the House three times prior this year.

House Bill 25, authored by state Rep. Valoree Swanson, R-Spring, passed with a 76-54 vote. Before Thursday’s vote, House Speaker Dade Phelan signaled that the House would have enough votes to pass the restrictive sports legislation. The bill will now head to the Senate, where it is expected to pass.

Under HB 25, student athletes in K-12 public schools would be required to compete on sports teams that correspond with the sex listed on their birth certificate received at or near the time of their birth. The legislation singles out transgender children who would be prohibited from participating on sports teams that match their gender identity.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL.

Transgender advocates and parents of transgender children have argued HB 25 unfairly targets children who may see sports as a refuge. And they note that bills such as HB 25 and others that have targeted transgender children this year — such as legislation that limits gender-affirming care — have already inflicted a mental toll on youth and families.

See here and here for the background. I don’t have anything new to say. This is an atrocity, it has already done a great deal of harm, and the most likely outcome, at least in the foreseeable future, is for athletes who are biologically female but who don’t look feminine enough to be harassed about their appearance. I am still waiting for the NCAA to follow through on its threatened actions, if only to serve as a reminder that this sort of crap does have some consequences. The Chron, The 19th, and Mandy Giles have more.

House committee advances anti-trans sports bill

They finally found a path to pass it. They sure put plenty of energy into it.

A Texas bill prohibiting transgender student athletes from joining school sports teams aligned with their gender identity is heading to the full Texas House, where it is likely to pass, following a House committee’s approval Wednesday.

After more than eight hours of emotional testimony, the House Select Committee on Constitutional Rights and Remedies voted 8-4 along party lines to advance House Bill 25. The legislation, authored by state Rep. Valoree Swanson, R-Spring, would restrict student athletes at public schools to playing on sports teams that correspond with the sex listed on their birth certificate at or near their time of birth.

Lawmakers’ attempts to enshrine such restrictions into law have failed three previous times this year. But Wednesday’s committee vote helped the legislation clear a key hurdle that increases its likelihood of becoming law this time.

[…]

During multiple legislative sessions this year, the Texas Legislature has introduced other bills targeting transgender youth, such as legislation that would limit gender-affirming care for children and classifying the care as child abuse.

The legislation advanced Wednesday is similar to Senate Bill 3, which passed in the Senate. But the upper chamber’s bill was assigned to the House Public Education Committee, in which legislators have yet to hold a hearing on the bill.

During the regular legislative session, that education committee passed legislation targeting transgender youth participation in sports, but it died in the full House after it failed to meet a key deadline. In a subsequent special session, a Democratic walkout prevented the House from even taking up legislation. And during the second special session, state Rep. Harold Dutton, D-Houston, chair of the House Public Education Committee, blocked legislation from moving to the House floor.

With HB 25 advanced by the Select Committee on Constitutional Rights and Remedies, it now heads to the full chamber. House Speaker Dade Phelan has said that the House would have enough votes to pass the legislation. More than half of House members have signed on as coauthors of similar legislation introduced in previous sessions. If the bill passes the lower chamber, it will then head to the Senate, which is likely to approve it.

[…]

Business leaders have also been critical of anti-LGBTQ legislation. René Lara, legislative director for Texas AFL-CIO, testified against HB 25, saying the legislature is not prioritizing more important matters such as labor shortage complaints stemming from the pandemic.

Texas Competes, a coalition of almost 1,500 business organizations, re-released an open letter this week saying that it was against legislation that targets the LGBTQ community. About 70 major employers signed on to the letter, including Amazon, Dell Technologies and Microsoft.

Jessica Shortall, managing director of Texas Competes, said some companies are concerned that legislation targeting LGBTQ Texans presents the state as unwelcoming to potential residents.

“We have folks that are really concerned about young talent — millennial and zoomer talent — who [are] overwhelmingly supportive, much more even than their older peers, of LGBTQ people,” Shortall said in an interview.

See here for the last update, and here for a long Twitter thread by Jessica Shortall, who was at the hearing. I’m old enough to remember when the NCAA threatened to pull sporting events from states like Texas that passed anti-trans legislation. I hope they can remember that far back, too. In the meantime, I don’t see anything that will stop this from passing. My heart is with all the children and their families who are being harmed by this legislative malevolence. The Chron has more.

Trans kids are still fighting for their right to not be dehumanized

The toll being taken on them, it’s inhumane.

Karen Krajcer and Linzy Foster are two friends familiar with the hallways of the Texas Capitol.

During this year’s regular legislative session and two subsequent special sessions that followed, the two mothers have shown up with a handful of other parents to advocate for their children who have been caught in the crosshairs of a slew of bills that target young transgender Texans.

Now, with the Legislature’s third special session underway, the two friends are enduring another round of visits and demonstrations as legislators again debate a top Republican legislative priority: restricting transgender youth from playing on sports teams that are consistent with their gender identity.

“It just keeps on happening, it’s ridiculous,” Krajcer, a mother to a 9-year-old, said about the amount of bills filed during sessions that have targeted LGBTQ Texans. “This is the fourth round this year. … Why are we still having to do this?”

It has now moved to the House and on Monday was referred to the House Public Education Committee, where last time state Rep. Harold Dutton, D-Houston, blocked similar legislation from reaching the House floor. During an interview at The Texas Tribune Festival on Friday, House Speaker Dade Phelan said the House would have the votes to pass the legislation should it head to the House floor.

The bill would require student athletes at K-12 public schools to play on sports teams that correspond with the assigned sex listed on their birth certificate as it was issued at or near the time of their birth. The University Interscholastic League, which governs school athletics in Texas, already uses students’ birth certificates to confirm their gender, and also accepts modified birth certificates a student may have had changed to align with their gender identity. SB3 would end that acceptance.

Although the sports bill and other bills targeting transgender youth, such as those that would limit gender-affirming care, have not become law in Texas, LGBTQ advocates and the transgender community have expressed that the simple possibility has already exacted a mental toll on transgender youth. And with a third special session now underway, parents of transgender children have only seen the frustration — and exhaustion — grow among their families.

I find it exhausting – and infuriating – just to write about this stuff. I can’t begin to imagine how hard it must be on these parents and children, who have done nothing to deserve such a sustained assault. I don’t know what happens from here, if we’ll get the good version of Harold Dutton who plays gatekeeper, or if he’s having another fit of pique and lets it get to the floor. Even if it doesn’t get approved this time, there will surely need to be at least one more session to finish off redistricting, and that means one more chance for the likes of Charles Perry and Dan Patrick to use trans kids as punching bags. There’s only one way to make this stop, and we all know what that is.

Texas takes its potty obsession to court

Oh, brother.

Texas Attorney General Ken Paxton is suing the Biden administration over recent federal guidance issued to protect LGBTQ people in the workplace, including a directive that says employees should be allowed to use the bathrooms, locker rooms and showers that correspond with their gender identity.

The guidance also clarifies that misuse of a person’s preferred pronouns could be considered harassment in certain circumstances.

The lawsuit, filed Monday in the Northern District of Texas federal court, Paxton claims that the U.S. Equal Employment Opportunity Commission violated Title VII of the Civil Rights Act of 1964 when it issued a technical assistance document outlining the impact of a landmark U.S. Supreme Court ruling last year. That ruling prohibited employer discrimination on the basis of sexual orientation and gender identity. Title VII prohibits discrimination against employees on the basis of sex.

Defendants in the lawsuit include the EEOC, commission Chair Charlotte A. Burrows and U.S. Attorney General Merrick Garland.

The EEOC guidance, released on June 15, specifies that employers must not prohibit transgender employees from dressing in correspondence with their gender identity or using bathrooms, locker rooms or showers that are consistent with their gender identity.

In a statement, Paxton called the guidance “illegal” and an “unacceptable” attempt “to force businesses, including the State of Texas, to align with their beliefs.”

“If the Biden Administration thinks they can force states to comply with their political agenda, my office will fight against their radical attempt at social change,” Paxton said.

In the lawsuit, Paxton also argued that the EEOC violated the First and Eleventh Amendments, as well as the Administrative Procedure Act, which specifies how government agencies issue regulations.

The EEOC said in an email on Monday that it does not comment on pending litigation, but that it will be represented by the Department of Justice, which declined to comment Monday.

For a variety of reasons, not the least of which being my searing contempt for the walking dirtbag that is Ken Paxton, it’s hard to take his nakedly political lawsuits seriously. We’ve certainly seen plenty of examples of shoddy lawyering on his part, not to mention him lying about court actions in a way that makes him look good to his knuckle-dragging base, and that always makes me think he’s in this more for the publicity (which he can get immediately) than the (often years-off) results. That said, if there’s one thing Ken Paxton is unquestionably good at, it’s picking federal judges who are likely to give him what he wants. As such, we have no choice but to take this seriously. Daily Kos has more.

Special session 3.0

Yeah, we knew it was coming. Still too soon.

Gov. Greg Abbott on Tuesday announced a third special legislative session that will begin on Sept. 20 and tackle redistrictingrestrictions on transgender student athletes and the ongoing COVID-19 pandemic.

“The Texas Legislature now has the opportunity to redraw legislative and congressional districts in accordance with the new census numbers,” Abbott said in a statement. “In addition to redistricting, there are still issues remaining that are critical to building a stronger and brighter future for all Texans.”

Lawmakers, who will meet in Austin for the fourth time this year, will also be tasked with allocating $16 billion in federal COVID-19 relief funds and with deciding whether state or local governments can mandate COVID-19 vaccines. Abbott also included on his five-item agenda a bill that would ban the tethering of dogs outside with heavy chains, which he had vetoed earlier this year. Abbott asked lawmakers to address concerns he had about the specificity of the bill and “over-criminalization.”

The Legislature just wrapped its second overtime round on Thursday, delivering on major conservative priorities like an elections law that restricts how and when voters cast ballots, a ban on how teachers can talk about race and history in classroomsbillions of dollars in additional border security funding and further restricting abortion access.

But lawmakers failed to deliver on two issues pushed by the GOP base: requiring transgender student athletes to play on teams based on the gender assigned to them at or near birth, and banning COVID-19 mandates.

Abbott had asked lawmakers to ban mask mandates in schools during the second special session but lawmakers could not get that proposal over the hump. Now, Abbott is asking the Legislature to decide whether state or local governments can mandate COVID-19 vaccines.

The bills about transgender student athletes and COVID-19 mandates will likely turn up the heat on an already contentious 30-day session. Lawmakers will take up their decennial redrawing of the state’s political maps, meaning some legislators will be fighting for their political lives. (Redistricting usually takes place during the first legislative session after the census, but it was delayed this year because of setbacks spurred by the coronavirus and the Trump administration’s handling of the census data.)

Like I said, we knew it was coming. I don’t know if the lawsuit that was filed by two State Senators to stop legislative redistricting will be successful, but I have to assume there will be a ruling of some kind before this session gets underway. The continued assault on trans kids is sadly unsurprising; the lack of a fraudit item is at least temporarily hopeful. I mean look, none of us want another special session. I’m sure that wearing us all down is part of the plan. But here we are anyway. Oh, and Abbott et al will try to do a bit of cleanup on the so-called “heartbeat bill” since none of them know how to talk about the lack of a rape or incest exemption. So we have that to look forward to as well.

Sine die’d

Special session 2.0 is over. And what a lousy thing it was.

The Texas Legislature adjourned its second special session Thursday evening, ending a nearly 30-day stretch that was called to pass a GOP elections bill after House Democrats carried out a weekslong quorum break to block the passage of that legislation during the summer’s first overtime round.

The two chambers gaveled out minutes apart after giving final approval to a number of Gov. Greg Abbott’s agenda items, including so-called critical race theory legislation and a bill that will, among other things, restore funding for the Legislature itself.

The House adjourned first, with House Speaker Dade Phelan, R-Beaumont, wishing members a happy Labor Day weekend before gaveling out.

Over in the Senate, Lt. Gov. Dan Patrick told senators he was proud of their work and nodded to another yet-to-be-called special session that will focus on the redistricting process in the coming weeks — where lawmakers will draw new political maps for the state’s congressional delegation, the Legislature and the State Board of Education.

“We’ll be back soon,” he said. “There’s a little bit of unfinished business yet to be done.”

Earlier Thursday, state lawmakers passed legislation that restores funding for the Legislature — including salaries and benefits for some 2,100 state employees — that was set to run out at the end of the month after Abbott vetoed those dollars earlier this summer. The governor’s veto was intended as retribution for House Democrats who walked out of the Capitol in the final hours of the regular legislative session to block a GOP elections bill in May.

In addition to restoring the funding, the Legislature this week passed a similar version of that controversial GOP elections bill. State lawmakers also reworked the process for releasing accused criminals on bail, beefed up border security fundingexpanded virtual learning for studentsrestricted use of abortion-inducing drugs and banned the storage or disposal of high-level radioactive waste in Texas.

The small bit of good news is that the transgender sports bill and the last-minute fraudit bill did not pass, though as noted there will be another shot at that. Redistricting is up next, and the rumor mill suggests we will have two weeks off before the machinery cranks up again. I suppose it’s possible there could be a temporary restraining order in the lawsuit filed against doing legislative redistricting, but as Congressional redistricting would still be on the menu that would not stop the session from being needed. Anyway, enjoy the brief respite before the next bout of madness begins.

“Big boy pants”

Some hot Dutton on Patrick action going on here.

Another partisan stalemate has broken out in the final days of the second special session called by Gov. Greg Abbott this year, again imperiling the jobs of 2,100 legislative staffers along with two key conservative priority bills.

On Monday night, Rep. Harold Dutton, D-Houston, abruptly adjourned the House Public Education Committee, which he chairs, without voting on two bills prioritized by Lt. Gov. Dan Patrick, the leader of the Senate: a bill that would limit how educators can teach social studies and talk about race at Texas public schools, referred to as the “critical race theory bill,” and another that would require transgender students to participate in sports based on the gender listed on their birth certificate instead of their gender identity.

“We have gotten to the point now where the Senate has adopted certain principles and practices that I don’t think bode well for this Legislature. I think that what’s happened is we have allowed them to do certain things and they disrespect the House in certain fashions,” Dutton said. “It has gotten worse to the point where today, what I am told, is that if we don’t pass these two bills — the [critical race theory] bill and the transgender bill — the Senate is not going to consider trying to fix the funding in Article X. So, I want to see if he has his big boy pants on. This meeting is adjourned.”

Article X refers to the section of the state budget that covers funding for the state Legislature and other independent agencies that support its work. Abbott vetoed legislative funding in June in retaliation for the defeat of his priority election and bail changes bills when Democrats first walked out of the House in May during the final days of the regular legislative session.

The Legislature was set to lose its funding this month, as the new fiscal calendar starts Wednesday, but Abbott and legislative leaders extended its funding through the end of September. Still, the Legislature has not passed a long-term solution for the rest of the next two-year budget cycle, putting in peril the livelihoods of the staffers funded through the Legislature. Lawmakers salaries are constitutionally protected and therefore not affected by Abbott’s veto.

House Bill 5, a wide-ranging bill that includes funding for a 13th check for retired schoolteachers and the restoration of legislative funding, was set to be heard on the chamber floor Monday, but its author, Rep. Greg Bonnen, R-Friendswood, suddenly postponed its consideration until Wednesday. On Tuesday, Rep. Chris Turner, D-Grand Prairie, asked the House to reconsider the motion by which the bill was postponed, which would allow lawmakers to take up the bill immediately. The vote failed by a vote of 74-49.

Dutton did not say who had told him that the Senate would not pass the legislative funding bill until the House passed the two bills in his committee. His office has not returned a request for comment from The Texas Tribune. Patrick’s office did not immediately return a request for comment.

I’ll never complain about someone spitting on Dan Patrick, but Harold Dutton is hardly a hero here. He has already shown that he doesn’t care about trans kids, and it’s clear that his interest here is in not getting rolled by the Senate. That said, no one with any power in the House has stood up for the restoration of Article X funding, which continues to be in jeopardy and clearly isn’t anything Dan Patrick cares about. It’s pathetic how little pushback Dade Phelan and the House Republicans have given to Greg Abbott on this, which leaves that task to the likes of Dutton, who does know what to do with the power he has. There’s no one to cheer for in this story, and I feel confident that Dutton will give Patrick what he is demanding if Patrick plays ball, but at least for now he’s standing for something worthwhile. The Chron has more.

State follows through on Abbott’s attack on trans kids

Revolting, though fortunately not particularly consequential. For now, at least.

The Texas Department of Family and Protective Services has responded to Gov. Greg Abbott’s request for an interpretation of state law sent last Friday, agreeing that some gender confirmation surgeries for transgender children constitute child abuse.

According to the letter, signed by DFPS commissioner Jaime Masters, allegations of such surgeries “will be promptly and thoroughly investigated and any appropriate actions will be taken,” though it’s unclear what impact the ruling will have.

Medical experts said gender-affirming care for transgender children rarely, if ever, includes use of the surgeries — orchiectomies, hysterectomies and mastectomies — that Abbott cited in his letter Friday to Masters. Most care for transgender children includes social transitioning and puberty blockers, which are reversible.

Abbott vowed last month to take action to restrict transition-related medical care for transgender minors in Texas. The move comes after a bill that sought to define several types of gender-affirming health care as child abuse was passed by Texas Senate during the regular session before gaining little traction in the House.

Brian Klosterboer, an attorney with the Texas division of the American Civil Liberties Union, said the letter seems to carry little weight or merit.

“It seems to us that this is mainly a political attack and political stunt as a way to attack transgender kids,” Klosterboer said. “…This letter, it is official in the sense that what the commissioner says might influence how DFPS does their work, but it doesn’t change the law in this area.”

Rep. Erin Zwiener, D-Driftwood, a founding member of the Texas House LGBTQ Caucus, said legislation would have to be passed to change the Texas Family Code for there to really be any major change. However, the letters could present detrimental affects to transgender children seeking gender-affirming care.

“This opens the door to any parent of a trans kid being accused of child abuse,” Zwiener said.

[…]

Ricardo Martínez, CEO of Equality Texas, said rhetoric within the letters from Abbott and DFHS, which include the term “genital mutilation,” are an attempt to institute fear mongering and do not reflect actual gender affirming care.

“I think that it’s important to address that current best practice, health care approach for transgender children is a social transition which requires no medical intervention,” Martinez said. “I think that the letters that have been changed between Governor Abbott and the state agency are really not taking that into account. For older adolescents and teens the prevailing standards of care best practices and guidelines, look nothing like the contents of those letters.”

See here and here for the background. It’s good that this new directive means little in terms of actual policy change, but that’s of limited comfort when you remember that anti-trans bills are on the agenda for the special session. Abbott is not going to give up on this. He cares way more about hurting trans kids than he does about protecting kids in general, as his utter failures on COVID make clear. The Chron has more.

As it happens, this news story came out on the same day that one of my cousins sent an email to a bunch of family members. It was a reply to an email he had sent five years ago, announcing the birth of his first child, a son. In this email, he informed us that his partner is pregnant with their second child, and also that their first child had been telling them since they were three that they were not a boy but a girl. It took my cousin and his partner, a couple of Brooklyn hippie types, some time to understand what this meant and come to terms with it, but they had done so and were re-introducing the larger family to their daughter and her new name. He included a picture, which was lovely. I’m happy for my cousin and his family, and I hope they never live in a place where the government is actively trying to harm their children. No one should have to deal with that.

Abbott goes back on the attack against trans kids and their families

Bullies are cowards.

Gov. Greg Abbott delivered Friday on a recent promise to use his political weight to try to halt medical interventions for transgender children, which are considered standard of care for adults. He wants state officials to redefine reassignment surgery — which is very rarely used for children — as a form of child abuse.

The governor said he intended to craft his own approach after state lawmakers failed a second time this year to pass an array of laws that would penalize health care providers for providing and parents for seeking gender affirming care and curtail transgender children’s medical and educational rights.

Abbott’s new plan came in the form of a letter to the state agency tasked with protecting children from abuse. Abbott asked the director of the Department of Family and Protective Services to “please issue a determination of whether genital mutilation of a child for purposes of gender transitioning through reassignment surgery constitutes child abuse.”

The term “genital mutilation” is traditionally used among human rights workers to refer to a procedure for young girls that prevents them from experiencing sexual pleasure. Abbott — who does not have a medical background — reframes the definition, stating as fact that “subjecting a child to genital mutilation through reassignment surgery creates a ‘genuine threat of substantial harm from physical injury to the child.’”

If the child protection officials ultimately determine these surgeries to be a form of child abuse, Abbott goes on to say, DFPS would be duty bound to investigate a child’s parents, and other state agencies would have to investigate medical practitioners who carried out the surgeries.

See here for the background. The good news is that as offensive and hurtful as this is, it may not actually amount to much.

[M]edical experts say gender affirming care for transgender children rarely, if ever, includes use of the surgeries — orchiectomies, hysterectomies and mastectomies — Abbott cited in his letter Friday to DFPS Commissioner Jaime Masters. Most care for transgender children includes social transitioning and puberty blockers.

Experts also took issue with Abbott’s language in the letter, which repeatedly referred to gender confirmation surgery as “genital mutilation.”

Andrea Segovia, Transgender Education Network of Texas’ field and policy coordinator, said the move by Abbott is a continuation of Republican Texas leaders bullying marginalized children.

“It’s literally the harshest language possible, because he wants a reaction from his side,” she said. “And they can gain supporters in that of like, ‘Oh, that sounds awful. Yeah, we shouldn’t be doing that to our minors.’”

Equality Texas released a statement criticizing Abbott’s letter.

“This is nothing more than another political attempt to stigmatize transgender people, their loving families, and the healthcare providers who offer them lifesaving care,” CEO Ricardo Martinez said.

[…]

Texas doctors and advocates see Abbott’s letter as more of a political move than as having much of an impact on gender affirming care as it’s currently practiced in Texas.

“That just sounds like something to placate the base, but it doesn’t really do much of anything,” said Seth Kaplan, president of the Texas Pediatric Society.

Segovia agreed.

“This is not a cause for alarm,” she said. “Our organization does not want community or parents or anybody to think that this is a letter saying that medical sort of appointments and anything like that should stop.”

One would hope that if this request needs to be approved by actual medical professionals before it can be implemented, they would be doctors first and put their medical knowledge and ethics above crass political motives. That’s far from a sure thing, of course, but at least it’s a consideration. This is also a reminder that the reason Abbott is doing this is because Democratic quorum-busting actions, in the regular session and now, have thwarted the bills that would enshrine this crap into law so far. The fight matters. Mandy Giles has more.

Special Session 2.0: Still no quorum yet

We’ll see how long that lasts.

Texas Democrats on Saturday blocked a quorum in the House for the third time this year as the Legislature kicked off its second special legislative session called to pass the GOP elections bill, among other legislation — though it’s unclear this time whether those members intend to remain absent for the entire overtime round.

Both the House and Senate convened at noon, a day after gaveling out from the first 30-day special session, which began in July and ended in an impasse when over 50 Democrats in the lower chamber left the state for Washington D.C. to prevent the passage of a elections bill. That departure meant the House could not have a quorum to conduct official business. Democrats broke quorum for the first time in May when they walked out of the chamber in the final hours of the regular session to prevent passage of a similar version of the bill.

[…]

On Saturday afternoon, at least 26 House Democrats announced that they intend to remain in D.C. to continue pushing Congress to act on a federal voting bill, but that number alone is not enough to break quorum in the Legislature.

“Texas Republicans can only succeed in their nationally coordinated assault on our democracy if Democrats are present at the state capitol,” read a statement from state Reps. Trey Martinez Fischer of San Antonio, Gina Hinojosa of Austin, Alma Allen of Houston and others. “26 Texas House Democrats will be part of an active presence in Washington maintained for as long as Congress is working and making progress on federal voting rights legislation to see this fight through.”

The House adjourned for the day minutes after gaveling in on Saturday afternoon, but they did not yet adopt what’s known as a “call of the House,” a procedural move that would lock the chamber doors and enable lawmakers to send law enforcement after the Democrats who don’t show up. During the first special session that ended Friday, the chamber voted overwhelmingly to issue the call, though it carried little weight since state authorities lack jurisdiction outside of Texas. Ultimately, no Democrats were arrested.

Two of 57 Democrats who left during that first special session were on the House floor Saturday — Eddie Lucio III of Brownsville and Bobby Guerra of Mission.

After the chamber adjourned, Lucio told reporters he returned to Austin for both professional and personal reasons. He said he anticipated several of his Democratic colleagues to also come back to the chamber in the coming days, which could help the House make quorum “as early as this week.”

“I made my personal choice to bring the fight back to the Capitol, and I think everyone needs to make that decision for themselves,” Lucio said. “For those that are gone, I applaud them.”

See here, here, and here for some background. Whatever happens with the Democrats happens at this point. They did what they could in DC, and I doubt there was much value in staying around while Congress is on recess. And at least in the short term, there’s another factor that will limit what the House can do:

Looking at the picture (a copy of the official summary is here), I see seven names that I know are Republicans who are not present, and another four or five that I don’t recognize and would have to check. Doesn’t mean they are in quarantine, though one of them surely is, but that could be another delaying factor.

Also of interest from this story: Senate shenanigans.

The Republican-dominated Senate then pushed through two rule changes that indicate the chamber’s desire to move through its agenda quickly. The first change takes away the “tag rule,” which is a delaying tactic for Democrats in the minority party because it allows members to demand 48 hours of written notice before a bill gets a hearing. The other change allows committees to skip public hearings on House bills that have the same subject as Senate bills the committee had already considered.

Sen. Charles Schwertner, R- Georgetown, said the temporary rule change, which will be in effect for the entire special session, would benefit senators by expediting the legislative process during the 30-day period. But Democratic lawmakers said it could deny constituents the opportunity to express their opinions on important issues.

“We are not giving people the opportunity to be heard,” said Sen. Roland Gutierrez, D-San Antonio.

Schwertner said the move allowed the Senate “maximum flexibility” to complete its work, particularly because it is unclear when the House will regain its quorum and many of the bills on the special session agenda were heard before during two earlier legislative sessions this year.

The Senate then suspended its rule requiring 24-hour notice before a committee hearing and announced three committee meetings on Saturday that immediately started hearing bills without public testimony.

The Senate did not immediately take up the elections bill, which was one of the main drivers for the special session. That bill is scheduled for a hearing on Monday at 9 a.m. in the Senate State Affairs committee.

Hey, the Senate and Dan Patrick were never interested in public input on any of their crappy bills, that much has been clear from the beginning. As for the rest:

Yeah, that’s your Texas Senate and your Lite Guv, Dan Patrick. What are you going to do about it? (Hint: It should involve getting way involved in the 2022 elections.)

Federal judge halts Arkansas law against gender affirming care for trans kids

Of interest.

In an in-person hearing in Little Rock on Wednesday, a federal judge issued a preliminary injunction to block an Arkansas law that criminalizes gender-affirming care for transgender kids.

U.S. District Judge James M. Moody Jr.’s bench ruling was made in response to a lawsuit from the ACLU, which argues that Arkansas’ law violates the 14th Amendment’s Equal Protection Clause and the First Amendment right to free speech. The lawsuit was filed on behalf of four trans kids and their families in Arkansas, plus two physicians working in the state.

Still, legal advocates warn that a rare amicus brief signals that the battles over legislation targeting trans youth are not over.

[…]

The legal battle over Arkansas’ ban — the only one of its kind to be passed in the United States — also attracted the interest of 17 state attorneys general, who filed an amicus brief last week to bolster support for Arkansas’ law. Nearly all of the states that backed the brief have introduced their own bills to ban gender-affirming care, bar trans kids from playing sports that match their gender identity, or prevent them from discussing their identities in school, according to a bill tracker by Freedom For All Americans.

Four of the states that signed the brief through their attorney general — Alabama, Mississippi, South Dakota and Tennessee — enacted legislation this year to ban trans youth from sports that match their gender identity. Idaho, which also counseled on the brief, signed its ban on trans kids’ sports participation in March 2020.

Two attorneys told The 19th that such a brief is largely unprecedented, although any weight it carried in Moody’s decision on Wednesday was unclear. It is not guaranteed that a federal judge would take a brief like this into account.

Ezra Ishmael Young, a civil rights attorney and founding board member of the National Trans Bar Association, did not recall a similar brief ever being filed about trans kids’ health care at the trial level.

“It’s very rare for an amicus brief to be filed by a bunch of states that have no stake in the actual issue at all,” Young said, adding that it takes time to coordinate a response from so many attorneys general.

“It’s not totally unusual for AGs to team up and push their state’s policy preferences in courts outside their jurisdiction,” he said. “What makes this tack odd here is that the AGs are pushing for policy preferences that have been soundly rejected by their legislature, sometimes repeatedly.”

Carl Charles, a Lambda Legal staff attorney, told the 19th that the brief — which also he sees as unprecedented, based on research undertaken by him and his paralegal — is concerning on another level.

“To write affirmatively in support of an outlier law in one state, where there are no related laws on the books in their respective states … they have nothing really to stand on in terms of, ‘We’ve passed these similar laws and we’re in support,’” he said.

“They’re essentially taking an inherently political position and one that’s outside the scope of their office, which is to say, ‘We have an interest in seeing this law stand because we too want to pass a law like this.’ Well, that’s not the AG’s job. The AG’s job is not to pass laws. The AG’s job is to enforce the laws on the books,” he said.

As we know, Greg Abbott is plotting some executive action to block this health care for trans kids, so this ruling is quite timely. Arkansas is not in the Fifth Circuit, so the ruling would not apply here, but it’s significant nonetheless. Also significant is that the state of Texas and its felonious AG Ken Paxton were on that amicus list, as I’m sure you’re not surprised to hear. None of this is going to stop Abbott from doing whatever he plans to do, but there will very likely be a legal roadblock in his way once he does do it.

Abbott preps another shot at trans kids

What an asshole.

Gov. Greg Abbott said Monday he was preparing to take action to restrict transition-related medical care for transgender minors in Texas after legislation to do so failed during the regular session.

“I have another way of achieving the exact same thing, and it’s about a finished product as we speak right now and may be announced as soon as this week,” Abbott said during a radio interview. He did not provide further details.

Abbott’s comments came as the interviewer, Mark Davis, asked Abbott why he did not add the issue to his agenda for the special session that began earlier this month. Abbott blamed the lower chamber, saying the “chances of that passing during the session in the House of Representatives was nil.”

During the regular session, the Senate passed a bill to outlaw transgender youth health care treatments, but a similar proposal in the House fell victim to a bill-killing deadline late in the session. The bill would have banned hormone therapy, puberty suppressant treatments and transition-related surgeries for children, which are rarely used before puberty.

Abbott faced pressure from some on his right to include the proposal in his special session agenda, and when he did not, the scrutiny only mounted.

Abbott primary challenger Don Huffines said at the time that the issue was among the “glaring omissions” from the special session agenda “that show how far out of touch [Abbott] is with everyday Texans.”

See here, here, and here for some background. He is indeed out of touch, Don, but not in the way you think. I don’t know what he has in mind here – typical Abbott – and I don’t know why he didn’t do whatever it is he’s thinking of before now. I’m certain there will be a legal challenge, and after that who knows. What I do know is that the trans kids and their families who have been living through these hell sessions deserve so much better. The Chron has more.

Day 2 quorum busting omnibus post

Gonna round up a few stories here. Don’t know how often I’ll be this energetic, or how often there will be this many stories that I see that are worth commenting on, but it is Day Two. We’re just getting started, and there’s lots of people still paying attention.

The cops are almost certainly not coming for the wayward Dems. I mean, come on.

A showdown in the Texas House was locked into place Tuesday after the chamber voted overwhelmingly to send law enforcement after Democrats who left the state a day earlier in protest of a GOP priority elections legislation.

More than 50 House Democrats left Monday for Washington, D.C., to deny the chamber a quorum — the minimum number of lawmakers needed to conduct business — as it takes up voting restrictions and other Republican priorities in a special session.

That agenda, set by Gov. Greg Abbott, includes House Bill 3 and Senate Bill 1, the election legislation at hand that would make a number of changes to Texas’ voting system, such as banning drive-thru and 24 hour voting options and further restricting the state’s voting-by-mail rules. Over the weekend, both House and Senate committees advanced the election bills.

The impact of the House move is unclear since Texas law enforcement lacks jurisdiction in the nation’s capital.

Meeting shortly after 10 a.m., the House quickly established that it lacked the two-thirds quorum required to do business, with only 80 of 150 members participating in a test vote.

Then Rep. Will Metcalf, R-Conroe, chair of the House Administration Committee, moved to issue what is known as a “call of the House” to try to regain quorum. That motion passed 76-4. Metcalf offered another motion, asking that “the sergeant at arms, or officers appointed by him, send for all absentees … under warrant of arrest if necessary.” That motion also passed 76-4.

Metcalf’s motions were opposed by four Democrats who were present on the House floor Tuesday morning: Reps. Ryan Guillen of Rio Grande City, Tracy King of Batesville, Eddie Morales Jr. of Eagle Pass and John Turner of Dallas.

Axios noted Greg Abbott on Fox News shaking his fist and threatening arrest as well. It’s noise – remember, a big part of this is about the PR for both sides – and in all honesty, it’s what I’d do in the Republicans’ position. Let’s just say I will be extremely surprised if anyone is met at the airport by police on the way back.

If 58 Dems went to DC, then there were nine who did not. We know four of them, at least, and they make sense – Guillen and Morales represent districts carried by Trump in 2020, King’s district trended redder in both 2016 and 2020, and Turner is not running for re-election. I’ll be interested to see who the others are. Everyone will have their reasons for their choices, and bear in mind that family responsibilities may well be among those reasons.

The Chron adds a few tidbits.

Rep. Morgan Meyer, R-Dallas, asked [Speaker Dade] Phelan on the floor Tuesday whether Democrats could be removed from committee chair positions for breaking quorum. The speaker said they could not.

Morales, whose gargantuan district spans an area from Eagle Pass nearly to El Paso, said he chose to stay in Texas because he believes it was what his constituents, who tend lean more conservative even among Democrats, wanted from him.

“I felt, and I think what my constituents expected, was for me to be in the Capitol, to make sure that I’m fighting for their rights, and that I fight in opposition to this voter suppression,” he said. “Everyone can fight and they can fight differently. My way of fighting is being here because that’s what my constituents expect.”

Morales said it is clear Democrats would be “steamrolled” when the Republican majority did not give them 24 hours after a House committee hearing this weekend to offer amendments based on the testimony they heard.

“It was just fanfare. They had no intention of actually working and actually coming to play and actually making those modifications necessary to the bill,” he said. “ That is why Democratic leadership decided to take the actions that they did.”

Morales said he expects that Phelan will allow members who ask permission to be excused to leave the chamber on an individual basis. He’ll need to do so to be at work at his day job as a city attorney on Tuesday night.

The process of asking for permission to leave the chamber will likely be repeated every day.

Troopers will now go to the missing members’ homes in their districts and in Austin, and places of work and family and friends’ houses, Morales said.

The Texas Senate, meanwhile, had a quorum of 22 members and was expected to debate its version of the voting bill later Tuesday.

The home visits were a part of the 2003 walkouts as well. You never know, someone might try to sneak home for some reason.

The bit about the Senate having a quorum feels a little surprising even though it obviously isn’t. I don’t know how much incentive Senate Dems have to do anything other than screw around and try to make trouble as they can. As for the likely death of other bills, well, that was priced into the decision to break quorum.

Bills to restrict pretrial release from jail, ban critical race theory in schools and prohibit transgender public school students from competing on teams that correspond with their gender identity were up in the air after dozens of Democratic lawmakers chartered flights to Washington, D.C. But their departure also left in jeopardy more widely-supported measures, like giving more money to retired teachers and restoring vetoed funding for more than 2,100 legislative employees who could potentially go without paychecks starting in September.

[…]

Beside bills on voting and bail, other Republican priorities that are now in danger during Abbott’s 30-day session include efforts to stop social media companies from blocking users for their viewpoints, limiting pill-induced abortions and adding money for policing efforts at the Texas-Mexico border. But the governor also tagged lawmakers to tackle less partisan issues — like adding funds for foster care, property-tax relief and retired teachers. On Monday, he slammed Democrats for leaving those on the table.

One piece of legislation would provide what is known as a “13th check” to retired teachers across Texas. The bills would direct the Teacher Retirement System of Texas to distribute a one-time supplemental payment of up to $2,400 by January of next year.

Committees in the House and Senate unanimously advanced the legislation Friday in some of the earliest committee votes of the special session.

Tim Lee, executive director of the Texas Retired Teachers Association, said its members “desperately need help,” especially after the economic stresses caused by the coronavirus pandemic.

“I think there are mixed feelings,” Lee said of the potential demise of the 13th check proposal due to Democrats leaving the state. “I think that educators care about voting rights, educators care about the truth, they care about working together and compromising and listening — so that’s what they hope both sides of this policy spectrum will ultimately yield, that people will work together.”

As far as legislative employees — who earn a median salary of $52,000 per year — some staffers and a legal representative said there may be other ways to pay the employees of elected officials and those who help all lawmakers write bill drafts and provide cost estimates for legislation.

Lawmakers could potentially roll over money from the current fiscal year, if they have any, to pay their staffers. Or the Texas Supreme Court may rule in favor of the employees and House Democrats in a lawsuit arguing Abbott’s veto was a gubernatorial overreach. And Abbott has used his emergency power to move money around before, as he did by directing the transfer of $250 million from Texas prisons to a border wall down payment.

For Odus Evbagharu, chief of staff to state Rep. Jon Rosenthal, D-Houston, the onus to restore his and his colleagues’ wages is on Abbott.

“I don’t believe it’s on the House Democratic Caucus to answer for that. I think that’s going to be an answer that Governor Abbott’s gonna have to answer himself,” Evbagharu said. “My best guess is you hope he doesn’t further punish staff for decisions that lawmakers are making.”

Most of these bills are garbage, and their death (however fleeting) is a bonus as far as Dems are concerned. The legislative funding issue is entirely on Abbott for his temper-tantrum veto, and I hadn’t even thought about him using emergency powers to override himself. That’s if the Supreme Court doesn’t settle this, AS THEY SHOULD. The extra paycheck for teachers is a genuine shame, but it could be handled in any subsequent special session.

Again I want to emphasize, Greg Abbott has the primary responsibility here. He pushed these divisive, red meat issues, he called the special session to try again on the ones that failed, and he broke all precedent by vetoing the legislative funding. This is his mess.

One thing, though, seems clear: this comes at a very bad time for Governor Greg Abbott, who was already having a pretty bad week. Abbott is facing, so far, three challengers to his right in the Republican primary for governor. The charge from his Republican opponents is that he’s feckless and weak. The quorum break, which is designed to deny passage of one of his priority pieces of legislation, fits neatly into a narrative that he is getting outfoxed by an ostensibly powerless Democratic opposition. That the narrative is largely untrue—Democrats certainly believe they got the shaft this session—doesn’t matter much.

If the crisis resolves by offering concessions to the exiled Democrats, or otherwise weakening the bill, Abbott will catch hell. The best case for him is to “break” the Democrats and win the fight, but taking a hard line could also prolong the crisis. At first, messaging from his camp was uncharacteristically soft, perhaps because it’s not clear what he could say. In a statement Monday, Abbott said Democratic absences were standing in the way of “property tax relief” and other issues, a sign that the governor’s office was uncomfortable centering the election bill that’s the problem here. On Tuesday, he started talking tough, threatening them with arrest and “cabining” in the Capitol if they return to Texas, but both those threats reflect his underlying powerlessness. The main talking point so far, at least on social media, is that the Democrats brought beer with them.

[…]

Abbott’s predicament is one he seems uniquely unfit to solve. Unlike his predecessor, Rick Perry, he has never had much in the way of personal relationships with lawmakers. He has no credibility with Democrats to coax them back. But even Republican legislators don’t trust him very much. Abbott did not help the situation with his decision after Democrats walked out on the last day of the regular session to veto funding for the Legislature in retribution. He is holding Republican staffers and state employees hostage in order to coerce Democrats back to the chamber. That may make Abbott look “tough,” but hurting your allies to spite your enemies isn’t sensible politics.

The one thing Abbott does have going for him here is that the Dems will eventually come back, one way or another, and he will always have to call at least one more special session to deal with redistricting. He could just decide to wait and let the Dems figure out what they’re doing and mostly ignore them until they return. I don’t think he’ll do that, but he does do best when he mostly stays out of sight.

Whatever Abbott does or doesn’t do, things are happening in the Senate.

As Democrats fled the state to avoid voting on a GOP priority elections bill that would restrict voting rights in the state, the Texas Senate approved the bill Tuesday with a party-line vote of 18-4.

[…]

[Bill author Sen. Bryan] Hughes amended the bill to drop requirements for curbside voting that troubled advocates for people with disabilities. The original version of the bill required any person other than the voter using curbside voting to leave the car while the voter was casting their ballot.

Hughes removed that provision to “avoid confusion and not create hardship for anyone with a disability.”

Another amendment by Sen. Angela Paxton, R-McKinney, was intended to bring the bill into compliance with federal laws on voter assistance. It removed provisions from the bill that required people assisting voters to specify under oath how they were providing assistance to a voter and that they were doing so because the voter had a disability.

Sen. Brian Birdwell, R-Granbury, also amended the bill to allow for tents to be used as temporary polling places if a regular polling place sustained physical damage that rendered it unusable. The permission would only grant the temporary permission for one election and would have to be approved by a county commissioners court.

Another amendment by Sen. Paul Bettencourt, R-Houston, required poll watchers to be provided training manuals to educate them about their duties.

Note that eight Senate Democrats are also in DC, with a ninth on the way. That’s not enough to break quorum in the Senate, so on they go with that wretched business.

Meanwhile, what are the Dems trying to accomplish? I’ll give you a hint, it has to do with that other Senate.

At a press conference Tuesday in Washington, DC, the group of Democrats specifically called on Biden and Congress to demonstrate “the same courage” they had shown by traveling to the nation’s capital during a special legislative session that had been called by Texas Gov. Greg Abbott, who has since threatened to arrest the more than 50 Democrats who fled. As they did in a statement confirming their plans to boycott the session before hopping aboard two private planes on Monday, the group once again hailed both the John Lewis Voting Rights Act and the For the People Act as examples of model legislation for protecting voting rights at the federal level and implored Congress to pass them.

“We were quite literally forced to move and leave the state of Texas,” Texas Rep. Rhetta Bowers said in a press conference flanked by some of her fellow state Democrats. “We also know that we are living right now on borrowed time in Texas. And we can’t stay here indefinitely, to run out the clock, to stop Republican anti-voter bills.” Bowers said that although Texas Democrats would use “everything in our power to fight back,” they ultimately needed Congress to act with the same urgency.

“We are not going to buckle to the ‘big lie’ in the state of Texas—the ‘big lie’ that has resulted in anti-democratic legislation throughout the United States,” Rep. Rafael Anchia added.

[…]

Tuesday’s press conference came hours ahead of President Biden’s much-anticipated speech on voting rights in Philadelphia, where he’ll make a forceful condemnation of Republican efforts to enact voter suppression laws. His message, however, is not expected to include support for ending the Senate’s filibuster rules, which advocates say stand in the way of passing meaningful protections for voting rights.

They did get to meet with numerous key Senators, though not yet the two that hold this legislation in their hands. As Slate’s Christina Cauterucci puts it for when and if they do, what the Dems have is an emotional appeal.

The emotional appeal may be the only route left for [Rep. Senfronia] Thompson, her colleagues, and other Democrats who see this moment as a turning point for U.S. democracy. Manchin and Sinema already have all the facts. They’ve shown no willingness to budge. Now, they’ll have to tell a crowd of fugitive Texan legislators singing a civil-rights protest song that their extreme measures to protect the franchise will be for naught.

Like I said yesterday, that is the ultimate grand prize. I hope it has better odds than a Powerball ticket.

Finally, Houston Matters spoke to State Reps. Penny Morales Shaw, who is in DC, and Garnet Coleman, who is not because of health issues, though he is not in Austin. They also spoke to US Rep. Lizzie Fletcher about the subject, for which a YouTube clip is here. And here is the note I think we can all agree it would be best to end on:

Couldn’t have said it better myself.

Senate Republicans advance their anti-trans sports bill

There were enough of them on the committee to have a quorum by themselves, so they did the thing that they do.

Legislation that would limit transgender students’ participation in school sports advanced out of a Senate committee on Monday after similar legislation failed to pass during the regular session.

With no Democratic members present after dozens of Democrats fled the state, in an attempt to halt GOP-backed voting restrictions legislation, six Republicans on the Senate Health and Human Services Committee still had a quorum and held their first public hearing on two bills during the days-old special legislative session. Gov. Greg Abbott added the issue to lawmakers’ agenda when he called the special session.

Sen. Charles Perry, R-Lubbock, who is also vice chair of the committee and who authored Senate Bill 2 and Senate Bill 32, said the bills would protect cisgender women’s rights to compete in their desired sports.

Both of the bills would require student athletes to participate on sports teams that correspond with the student’s sex assigned at birth or listed on their official birth certificate at or near the time of birth. SB 32 would impact sports at K-12 public schools, while SB 2 covers both K-12 and public colleges and universities.

“It reminds us that it’s not OK to destroy the dreams of one for the benefit of another,” Perry said during the committee hearing, arguing that transgender boys and men could take opportunities away from cisgender girls and women.

Advocates for transgender athletes and other opponents of the bill argued that there was little evidence that transgender athletes were joining sports teams.

Maddox Hilgers, who identifies as nonbinary and is a graduate student at the University of Houston, implored the committee to halt the legislation.

“This argument that transgender athletes will take over women’s sports is ridiculous, because there just not enough transgender girls to do that,” Hilgers said.

The University Interscholastic League of Texas — which oversees and governs high school athletics in Texas — currently requires the gender of students be “determined based on a student’s birth certificate.”

But the UIL recognizes changes made to a student’s birth certificate, including when a transgender person has the gender on their birth certificate changed to correspond with their gender identity, said Jamey Harrison, the UIL deputy director. But SB 2 and SB 32 would no longer allow that.

As the story notes, this is basically the same bill that was passed by the Senate in the regular session but eventually died on the House calendar despite the best efforts of Harold Dutton. At the time, the NCAA made some threatening noises about bills like this, but I don’t know how closely they’re paying attention now. Of course, as long as Dems in the House stay out of town, this bill and any others are dead in the water, but we all know the current situation will come to an end sooner or later. I don’t know how much something like this gets prioritized if we get into crunch time for redistricting, but I wouldn’t count on it disappearing. The Chron and Jessica Shortall, who live-tweeted the hearing, have more.

Quorum broken again

And they’re off.

Democrats in the Texas House of Representatives left the state Monday afternoon en route to Washington, D.C., in a bid to again deny Republicans the quorum needed to pass new voting restrictions with 26 days left in a special legislative session called largely for that purpose.

Upping the ante in both the legislative fight at home and the national debate over voting rights, most House Democrats boarded two planes out of Austin headed for the U.S. capital without a set return date. At least 51 of the 67 Democratic representatives — the number needed to break quorum — were in the process of leaving Monday afternoon, most arriving at Austin-Bergstrom International Airport Monday to board chartered flights that departed around 3:10 p.m.

The House is set to reconvene Tuesday morning, but the absent Democrats would mean there will not be enough members present to conduct business under House rules.

“Today, Texas House Democrats stand united in our decision to break quorum and refuse to let the Republican-led legislature force through dangerous legislation that would trample on Texans’ freedom to vote,” Democratic leaders said in a joint statement released Monday.

With the national political spotlight on Texas’ efforts to further restrict voting, the Democratic exodus offers them a platform to continue pleading with Congress to act on restoring federal protections for voters of color. In Texas, the decamping will mark a more aggressive stance by Democrats to block Republican legislation further tightening the state’s voting rules as the GOP works against thinning statewide margins of victory.

Ultimately, Democrats lack the votes to keep the Republican-controlled Legislature from passing new voting restrictions, along with the other conservative priorities on Gov. Greg Abbott’s 11-item agenda for the special session.

Some Democrats hope their absence will give them leverage to force good-faith negotiations with Republicans, who they say have largely shut them out of negotiations over the voting bill. Both chambers advanced their legislation out of committees on party-line votes after overnight hearings, passing out the bills early Sunday morning after hearing hours of testimony mostly against the proposals and just a few days after making their revived proposals public. The bills were expected to hit the House and Senate floors for votes this week.

[…]

Even if Democratic lawmakers stay out of state for the next few weeks, the governor could continue to call 30-day sessions or add voting restrictions to the agenda when the Legislature takes on the redrawing of the state’s political maps later this summer.

Monday’s mass departure follows a Democratic walkout in May that kept Republicans from passing their priority voting bill at the end of the regular legislative session. For weeks, Democrats had indicated that skipping town during the special session remained an option as Republicans prepared for a second attempt at tightening the state’s voting laws.

House Speaker Dade Phelan, R-Beaumont, said in a statement later Monday that the chamber “will use every available resource under the Texas Constitution and the unanimously-passed House rules to secure a quorum…”

[…]

If a quorum is not present when the House convenes Tuesday, any House member can move to make what’s known as a call of the House to “to secure and maintain a quorum” to consider a certain piece of legislation, resolution or motion, under chamber rules. That motion must be seconded by 15 members and ordered by a majority vote. If that happens, the missing Democrats will become legislative fugitives.

“All absentees for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms for that purpose, and their attendance shall be secured and retained,” the House rules state. “The house shall determine on what conditions they shall be discharged.”

It’s unclear, though, what options Phelan may have to compel Democrats to return to the Legislature if they’re out of state.

Past experience would suggest that his options are basically nil. The DC police and the FBI are not going to be rounding them up and putting them on planes.

This is both a fast-moving story, and one that will play out over who knows how long. I’m probably not going to be able to keep up with every story and hot take out there, so feel free to browse the Internet or just scroll through Twitter – if you’re anything like me, you’ll have all the content you can consume and then some. I’m going to highlight what I think are the main salient points:

– What is the exit strategy here? That has always been my question. It was clear that the 2003 Senate Dems didn’t really have one, though one could argue that if they had held out a little longer they might have been able to scuttle the 2003 re-redistricting for the 2004 cycle. Maybe they can negotiate some concessions from Speaker Phelan in return for a promise that they’ll stay put for this session and the next one on redistricting. Maybe that’s a pipe dream. I have no idea. I hope they do.

– This is all about PR at this point. The main thing the Dems have going for them is that their action is extremely popular with their base – if this doesn’t help them with fundraising, nothing will – and there’s nothing on the special session agenda that has appeal to anyone who isn’t a Republican primary voter. (With one exception, which I’ll get to later.) The bottom line here is that they will portray themselves as fighting for a principle, while Republicans will claim they are cowardly running away. There’s no real question about how each side will perceive things, but there is room to affect the lower-information voters. If Dems can look good to them, they will have achieved a key objective.

– Does this help move Joe Manchin or Kyrsten Sinema on national voting rights legislation? I have no idea. It can’t hurt, I suppose. For sure, if an end result is the passage of a voting rights bill, which would necessitate some alteration to the filibuster, that would be a huge, titanic, earth-shaking victory for the Dems, no matter what else happens in Austin. I would not hold my breath, but the Dems are clearly shooting the moon. You can’t say they’re not giving it their all.

– How long can they hold out? Remember, being in Washington DC means not being home, not being with family, not having a whole lot of control over one’s daily routine. Once the adrenaline wears off, and the reality of having to hold out until at least August 6 kicks in, this can very easily become a slog, and just keeping morale up, while also trying to win that PR battle, will be a chore. It’s also got to be expensive – there are no accommodations in DC that will rival the Ardmore Holiday Inn, I suspect. Part of that exit strategy I mentioned above is making sure the inevitable return at least looks like it’s on their terms, and not because they had run out of options or money or resolve, or because they were losing the PR battle. That’s the other end of the spectrum from the “getting a federal voting rights bill passed” side.

– The issue of restoring funds for the legislative branch will remain unresolved while the Dems are away. Maybe the Supreme Court will feel compelled to address the matter, or maybe they will be like “hey, y’all could totally solve this without us, we’re gonna keep out of it”. I hope someone is communicating with the employees who are still out in the cold right now.

– Like I said, none of the rest of the agenda, including items that Abbott may be planning to add, are anything that the average voter cares about. It’s all terrible from the Dems’ perspective, and the fact that things like the anti-trans sports bill is also hung up is a bonus. That’s the one item that has polled reasonably well, however, and it would not surprise me to see the Republicans make some noise about it. I feel confident saying that’s a long-term loser for them, but all we care about right now is the next 30 days, and the next 15 or so months after that.

For now, Dems are riding high, and they will get a lot of positive attention as well as the usual hate. How long that lasts, we’ll see. Even by this time next week, they may be struggling to get news coverage. It’s going to be a hell of a month. The Chron, the Signal, and pretty much every other news outlet (for now) has more.

Here’s your special session agenda

They call this “red meat”, but it’s really just bullshit.

Gov. Greg Abbott has announced the agenda for the special legislative session that begins Thursday, asking lawmakers to prioritize 11 issues that largely appeal to conservatives who wanted more out of the regular session.

The announcement of the agenda came just over 24 hours before lawmakers are set to reconvene in Austin.

The agenda includes Abbott’s priority bills related to overhauling Texas elections and the bail system, as well as pushing back against social media “censorship” of Texans and the teaching of critical race theory in schools. Those issues were anticipated after they did not pass during the regular session and Abbott faced pressure to revive them or had already committed to bringing them back.

[…]

The special session agenda also includes funding for the legislative branch, which Abbott vetoed last month. He did so after House Democrats staged a walkout in the final hours of the regular session that killed the priority elections bill. The inclusion of the legislative funding raises the possibility that lawmakers could restore paychecks for their staff — and other staff at the Capitol — before the next fiscal year begins on Sept. 1. More than 2,000 staffers are affected by the veto of the Legislative funding, which Democrats have called an executive overreach of power.

Late last month, House Democrats and legislative staffers asked the state Supreme Court to override it. The court had not ruled in the case yet.

The Democrats’ walkout prompted a flood of national attention, and now the minority members must decide how to try to derail it in the special session with their staff pay on the line. Republicans also have their work cut out for them in the special session, faced with preventing another embarrassing defeat of the elections bill and remedying two provisions they claimed after the regular session were mistakes.

The special session is set to start at 10 a.m. Thursday and could last up to 30 days, with the potential for Abbott to add more items as it proceeds. It is one of at least two special sessions expected this year, with a fall special session coming to address redistricting and the spending of billions of dollars of federal COVID-19 relief funds.

Abbott’s agenda for the first special session notably does not include anything about the state’s electric grid, which was exposed as deeply vulnerable during a deadly winter weather storm in February that left millions of Texans without power. Lawmakers made some progress in preventing another disaster during the regular session, but experts — as well as Patrick — have said there is more to do. Last month, calls for the Legislature to take further action to fix the power grid were renewed when grid officials asked Texans to conserve energy.

Despite Abbott’s recent claim that grid is better than ever, he sent a letter Tuesday to the state’s electricity regulators outlining a number of steps he would like them to take to “improve electric reliability.” But it appears Abbott does not want to reopen legislative debate on the issue for now.

Just to recap, I continue to expect the Supreme Court to delay and hope the legislative budget veto issue becomes moot. I don’t think there’s much if anything that Democratic legislators can do to stop any of these bills if Republicans are determined to pass them – it’s not out of the question that on some of them the Republicans are not sufficiently unified – so the best thing to do is to try to at least make sure everything has a real committee hearing first. Finally, I’m not surprised that Abbott has no interest in revisiting the power grid, not when he’s already staked his claim on everything being just fine now. The other piece of business for the Dems is to hammer this point over and over again, until it seeps into the public consciousness. Good luck, y’all. This is going to suck. The Chron has more.

Are we headed for a June special session or not?

Too soon to tell. Right now this is just the usual end-of-session venting and frustration.

With the future of the power grid and voting laws in Texas hanging in the balance, tensions among the top political leaders in the Legislature are fueling a round of political gamesmanship that has even the future of the Texas Holocaust & Genocide Commission caught in the crossfire, one of many pawns in a larger battle over GOP priorities.

There are just four days left in the legislative session, which must end by midnight Monday. Yet with so much still unresolved, top Republican leaders in the Texas House and Senate are publicly accusing one another of torpedoing important legislation.

[…]

Gov. Greg Abbott addressed the Republican infighting during a news conference in Fort Worth on Thursday.

“If the leaders in the Legislature will stop fighting with each other and start working together, we can get all of this across the finish line,” Abbott said.

End-of-session drama is almost a given in Texas, where top leaders often clash in the closing days. But this year it is different as the Senate appears ready to take important political hostages in an attempt to force Abbott to call a special session in June, whether he wants to or not.

Just past midnight Thursday morning, the Senate appeared to try to force Abbott’s hand by refusing to take up House Bill 1600, which, if passed, would have assured the continued operation of 18 state agencies — including the Holocaust & Genocide Commission, the Texas Commission on Law Enforcement and the Racing Commission. There are other bills to keep those agencies operating, but HB 1600 is considered a backup to make sure those agencies are not placed in jeopardy unintentionally.

In Fort Worth, Abbott sent a public message back to Austin that he will not be pushed around.

“Not only am I the only one with the authority to call a special session, I get to decide when, and I get to decide what will be on that special session,” Abbott said. “And here’s what I would do if, if anybody tries to force this: It’s not going to be like it has been in the past, where we’ll have 40 items on a special session.”

Abbott said that if there is a special session, “the only thing that we’ll be putting on there are things that I want to see passed.”

Patrick, a Republican from Montgomery County, went on Spectrum News 1 on Thursday afternoon to deny he’s threatening state agencies to pressure Abbott or the House.

“I’m not holding anything hostage,” Patrick told host Karina Kling.

Instead, Patrick says the special session is necessary after the House refused to advance a bill to ban transgender girls from playing on girls scholastic sports teams.

Patrick has a long history of fighting for measures to restrict or regulate transgender Texans. In 2017, a similar bill to stop transgender children from using the bathrooms they are most comfortable with also triggered calls for a special session after the House refused to take it up. Abbott did call a special session, and the so-called bathroom bill still didn’t pass.

Patrick on social media listed other failed bills — a ban on taxpayer-funded lobbyists by city governments and legislation to stop social media companies from “censorship” — as important measures the House has blocked.

See here for the background. As the Trib notes, Abbott supports the things that Patrick is whining about, so this may be just a little show of dominance, or it may be Abbott’s usual fecklessness, or it may be that he had indigestion after ordering the burrito supreme platter for lunch on Thursday. As I said, he’s gonna do what he’s gonna do, and he may telegraph it or he may not. He’s the guy with the power, and he wants to make sure we know that.

One more thing:

All of this is happening as lawmakers still have not reached a final deal on a plan to require electricity grid suppliers and operators to winterize their facilities to prevent a repeat of the mass power outages that left millions of Texas freezing in the dark in February.

The House and Senate passed different bills, but despite that legislation being listed as a priority of nearly every elected official, lawmakers still have not announced a compromise on it.

Eh, who cares about the grid.

The Republican leaders and majorities in both chambers, though, did exactly what I feared they would do. None of the bills heading for Gov. Greg Abbott’s signature address core problems, such as the wholesale market design or the $9,000 price cap. Nothing they did will prevent another blackout of equal scale.

They did agree on more than $9 billion in bailouts for the electric utility industry that Texans will pay off over the next 20 or 30 years through mandatory charges on their utility bills. The goal is to spread the cost of the disaster to all Texans and make the monthly fee so low we do not complain.

This will bail out electricity providers who guarantee customers a set monthly rate, even though electricity is sold on a wholesale market where the price changes every 15 minutes between free and $9,000 a megawatt-hour.

When the February freeze hit and prices maxed out, many retail providers went bankrupt and left behind $2.5 billion in unpaid bills. House Bill 4492 allows the state to issue bonds to pay off those bills and charge customers a monthly fee to repay them.

Electricity co-ops also ran up huge bills for electricity used to power critical facilities. Senate Bill 1580 allows them to issue bonds estimated to total $2 billion. Again, the co-op’s customers will repay those bonds through their monthly bills.

Winter Storm Uri also triggered a 700 percent spike in natural gas prices, creating all kinds of financial pain for another sector that typically guarantees a set price. To help natural gas utilities, the Legislature authorized them to issue $4.5 billion in bonds. We will repay these on our gas bills.

“Considering the extraordinary costs incurred in the recent winter storm, customers could see a dramatic increase in their monthly bills,” Rep. Chris Paddie, R-Marshall, wrote as his intent for the bond authorizations. “This financing mechanism will provide rate relief to customers by extending the time frame over which the extraordinary costs are recovered.”

Magic of the free market, baby. Socialize that debt, and focus on the important things. It’s what they do. Reform Austin and the Trib have more.

Anti-trans sports bill dies

Good news, with the usual caveats.

A controversial Texas bill that would restrict the participation of transgender student athletes in school sports ran out of time for consideration in the House as the lower chamber hit a crucial deadline Tuesday night for passing all Senate bills.

Senate Bill 29 would have mandated that transgender student athletes play on sports teams based on their sex assigned at birth instead of their gender identity. The bill’s proponents said it was necessary to protect girls’ sports, arguing that allowing transgender girls to play on school sports teams gave them an unfair advantage because they have higher levels of testosterone.

LGBTQ advocates said the legislation was harmful and discriminatory against transgender Texans. It is among a slate of Texas bills aimed at transgender people this legislative session and the latest to miss a House deadline that needed to be met so they could advance and eventually become law. No legislative measure can be considered dead, though, until the session ends Monday.

No matter the success of the legislation, LGBTQ advocates say the mere specter that such measures could become law has already damaged the mental health of transgender people.

Debate on SB 29 was delayed until 11:30 p.m. Tuesday night, leaving only half an hour for the chamber to pass the bill. Then several other delayed bills ahead of it ran down the clock until there was no time left for the imperiled bill.

House Democrats spent much of Tuesday’s marathon session using delay tactics to keep several GOP-backed bills, including SB 29, from coming up in time to be debated. With less than 10 minutes until the deadline Tuesday, Democrats offered an amendment to an unrelated bill and then asked each other clarifying questions about it as a way to run out the clock.

As the deadline crept closer, representatives circulated transgender pride flags on the floor in an obvious nod to their tactic and target. Austin Democrat Gina Hinojosa smiled and waved the flag alongside members of the House LGBTQ Caucus as the clock hit midnight.

“Democrats had a long, aggressive floor strategy to keep a number of bills, most notably SB 29, from affecting the people of Texas,” said state Rep. Julie Johnson, D-Farmers Branch, treasurer of the caucus, told The Texas Tribune. “I’m really happy we were able to end the session by preserving the dignity and rights of the children of Texas to be free of discrimination.”

See here for the background and here for one of the celebratory photos. The tactic involved is called chubbing, and it has been used to some extent or another in most recent sessions. I’ll return to that in a minute, but first we should note that as is always the case, other bills met their demise as well on deadline day.

In the final 14 hours before the final midnight deadline for advancing Senate bills in the Texas House, Democrats pulled out all the stops Tuesday to keep the body from considering GOP-backed legislation they opposed, spelling death for some of the Senate’s priority bills.

The House had on its calendar several of the Senate’s priorities, including a bill banning social media companies from blocking users because of their viewpoint or their location within Texas, another that would ban local governments from using public funds to pay for lobbyists, and another that would force transgender student athletes to play on sports teams based on their sex assigned at birth instead of their gender identity.

Republicans control all branches of Texas government, and Democrats have been trying to fight back these bills since the beginning of the legislative session in January. The midnight deadline to pass the bills was the minority party’s last hope. And though they ended the night with hoarse voices, House Democrats landed a rare victory this session, killing all three of those bills, and only ceding one other Senate priority bill that banned cities and counties from requiring companies to pay workers more than the federal minimum wage or provide them with benefits like paid sick leave.

Dan Patrick took these defeats about as well we you might imagine.

Lt. Gov. Dan Patrick on Wednesday is asking Gov. Greg Abbott to call a special session of the Texas Legislature in June to advance three pieces of GOP-backed legislation that died in the Texas House at midnight on Tuesday.

The bills sought to ban transgender students from playing on sports teams based on their gender identity, prohibit local governments from using taxpayer funds to pay for lobbyists and punish social media companies for “censoring” Texans based on their political viewpoints.

In a statement Abbott said the call was premature and instead urged lawmakers to “work together to get important conservative legislation to my desk.”

“Some are trying to end the game before the time clock has run out,” Abbott wrote. “Members in both chambers need to be spending every minute of every day to accomplish that mission.”

In his call to bring back the Legislature, Patrick said the bills in question have widespread support.

“The TxHouse killed these conservative bills that majority of Texans in both parties support,” Patrick tweeted, without evidence. A Patrick spokesperson did not immediately respond to a question about evidence of such support.

If Dan Patrick says that everybody supports these things, who are we to argue? We know there will be a special session in the fall for redistricting and appropriating federal COVID relief funds, but that’s a lot already for thirty days. Would Greg Abbott accommodate Patrick’s request for an immediate special session for these undone bills? On the one hand, they were on the “emergency items” list, so for sure Abbott supports them. On the other hand, the fact that these bills, which had more time to get passed than any others, couldn’t make it to the floor until the very end, when they were susceptible to this well-known tactic, should tell you something. It is more than a little likely that some number of Republican legislators would have preferred to not have to vote on them. The first job of the Speaker is to protect the members, after all.

Look, Abbott’s gonna do what Abbott’s gonna do, and we should know soon enough what he intends. In the meantime, celebrate the wins that we got. Lord knows, there were plenty of losses. The Chron has more.

Think of the kids today

Today, the anti-trans sports bill SB29 is on the House calendar. Hopefully, it will fail to make it to the floor before midnight, which is the deadline for Senate bills to be passed by the House. Whatever the case, spend a few minutes today thinking about the kids who have been targeted by these bills and have had to spend weeks at the Capitol trying to persuade a bunch of uncaring Republican legislators about their humanity, because as much as this session has sucked overall, it’s really sucked for them.

Houston mother Lisa Stanton says every parent’s instinct is to keep their children safe.

When she and her young daughter, Maya, earlier this year traveled to the Texas Capitol to testify against two bills restricting transgender children’s access to transition-related medical care, including hormone therapy and puberty suppression treatment, she worried for her daughter’s well-being — both physical and mental.

“We don’t want our kids to face adversity,” Lisa Stanton said. “And that’s the thing I struggle about the most.”

Maya was scared, too. At just 10 years old, she faced a difficult task: convincing a conservative-leaning group of legislators not to advance legislation that would label her mother a child abuser and revoke the license of her doctor for providing gender-affirming medical care.

The Stantons are among the transgender Texans, parents and advocates who have spent late nights and early mornings fervently testifying, holding rallies and lobbying legislators not to support bills targeting transgender people this session.

Texas is one of at least 20 states that have considered bills limiting access to transgender health care in 2021, according to the ACLU, and one of at least 31 states with bills that would limit the school sports teams they can join. But according to Equality Texas, there have been more anti-LGBTQ bills introduced in Texas this legislative session than any other state.

[…]

While no legislative proposal can be considered dead until both chambers gavel out, those missed deadlines spell doom for some of the major bills focused on transgender Texas children. And it doesn’t leave much time for the school sports bill. But LGBTQ advocates say the mere specter that such measures could become law has already done damage.

In The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health, 94% of LGBTQ youth responded that recent politics had negatively impacted their mental health. That figure is higher than in previous years, according to Sam Brinton, vice president of advocacy and government affairs for The Trevor Project.

Over the last year, the organization — which offers crisis counseling for LGBTQ youth — has received over 9,400 crisis contacts from Texas.

“Young people are listening,” Brinton said.

There’s more, and the Chron had a similar story a few days back. This is as the story notes very much part of a concerted national effort by anti-trans activists, pushing basically the same bills in multiple states because they think it’s good politics. Writing these posts always takes me a long time because they make me so mad, I have to stop and collect myself every couple of minutes. The level of cruelty and depravity it takes to victimize children – children who are telling you, as loudly and clearly as they can, that you are hurting them – all for political gain, I cannot fathom it. I don’t know how these people sleep at night.

Anyway. Watch the clock today and give a thought to these kids and their parents, who have had it much rougher than anyone should have had over these past few months. And then remember that there will be a special session this fall, currently to deal with redistricting and appropriating federal CIVID relief funds, but there’s no reason there couldn’t be other items on the agenda. We saw that in 2017 with the bathroom bill. These kids won’t be safe until we’re past all of that, too.

Senate is right back on the anti-trans agenda

In case you were wondering.

The Texas Senate on Monday quickly revived and advanced a bill banning gender-affirming health care for children under 18, days after a similar House bill failed to advance in the lower chamber.

Under Senate Bill 1311, any physician who prescribes hormone therapy or puberty suppression treatment for the purpose of gender transitioning would have their medical license revoked and could not be covered under liability insurance. It would also apply to doctors who perform transition-related surgeries for children, which is rarely used before puberty. The Senate gave the bill initial approval in a 17-13 vote. The bill still needs a final approval in the upper chamber before it can be considered by the House.

LGBTQ advocates have decried the bill as unconstitutional and criticized its negative impact on mental health. In a Senate State Affairs committee hearing, transgender Texans and medical experts testified that access to gender confirmation care is key to reducing the elevated risks of suicide and depression among transgender Texans. Businesses leaders also singled out S.B. 1311 as a bill they say may scare workers and businesses away from Texas.

The bill’s author, Edgewood Republican Bob Hall, said its intent was to improve the mental health of Texans who may later come to regret their transition, citing statistics that many children may cease to experience gender dysphoria later in life.

However, experts have said those studies often include children who aren’t transgender, but just don’t conform to typical gender norms, such as a boy who plays with dolls.

[…]

Last week, Lambda Legal and the ACLU of Texas vowed to challenge in court House Bill 1399, the House’s version of the ban, if it passed. Though the bill later failed to meet a deadline in the House last week, Shelly Skeen, a senior attorney for Lambda Legal said the bills were “nearly identical” and presented similar legal issues.

See here for the previous update. Two things you need to keep in mind. One is that Bob Hall is a hydroxychlorquine humper, which among many other things makes him completely unqualified to offer any medical opinions about anything. And two, I’ll let Ross Ramsey explain.

[L]awmakers have a sprint in front of them as they hurry to finish the work they promised voters earlier in the session. They have two weeks left on the calendar, but earlier deadlines loom on their internal calendars. It’s already too late for a House bill to be considered for the first time in the House; another deadline — for Senate bills — comes next Tuesday.

The legislation promised and proposed after February’s storm and the outages that came with it — from a warning system for the state when something like that is approaching to weatherization that would help electric plants stay in operation — still hasn’t won legislative approval.

The state budget is pending, but on track. But lawmakers haven’t explained how they’ll spend billions in federal relief money that isn’t included in that budget. That’s still on the list. So are many of the police reforms promised by Abbott and others after Minneapolis police killed George Floyd almost a year ago.

The list of things still undone is formidable — a regular feature of this stage of a legislative session.

Lawmakers haven’t finished yet, but they haven’t had to. Now they’re up against a hard deadline. That’s when we find out what they really think is necessary.

This is what the Senate has prioritized. Never forget that. This is what 2022 has to be about.

Not sure where we are with the anti-trans bills

In limbo, to be honest.

A controversial bill that would ban gender-affirming health care for transgender children missed a key deadline Thursday for consideration in the Texas House.

But a similar Senate bill still has time to be approved by both chambers before the legislative session ends May 31. Senate Bill 1311 also bans gender-affirming treatment and mandates the revocation of a physician’s medical license if someone performs or prescribes such treatment. That bill passed out of committee nearly a month ago. Hours before the House’s deadline to pass many of its own bills, the Senate legislation appeared on a list of bills that could let the upper chamber take up the measure as soon as Friday.

House Bill 1399 targeted gender-confirmation surgery, hormone therapy and puberty suppression treatments. Bill supporters say children could later regret such medical care, which is considered best practice by several major medical associations. Under the bill, physicians who performed or prescribed those treatments could face disciplinary action or be denied a medical license.

“It’s harmful to debate anybody’s basic human and civil rights and to bring humanity into question as something that is not valid,” said Adri Perez, policy and advocacy strategist for the American Civil Liberties Union of Texas. “That has a lasting impact on people and whether or not they can conceptualize a future for themselves in the state of Texas.”

Shelly Skeen, senior attorney for Lambda Legal, called the bill “one of the most extreme anti-transgender bills in the country” in a statement. Lambda Legal and the ACLU of Texas had decried the bill as unconstitutional and vowed to challenge it in court if it had become law.

There has been a slate of anti-transgender bills in the Texas Legislature this session, many of them still active. Senate Bill 1646, which would label the treatments as child abuse, passed the Senate and is waiting to be heard by the House Public Health Committee that approved HB 1399.

This story is a bit confusing, and I haven’t found anything relevant on Twitter to clarify matters. As I understand it, the Friday deadline was for House bills that have passed out of committee to be brought to the floor. Any House-originated bills that hadn’t been approved by the House by Friday night at midnight were no longer eligible to be voted on by the Senate. That appears to be the fate of HB1399, the bill to deny medical treatment to trans kids. That’s good news, but SB1311 does more or less the same thing, but has not yet been voted on by the Senate. It would need Senate approval and to go through the full House process, which means it is short on time. There’s also SB1646, the bill that defines giving medical treatment to trans kids as child abuse, which has passed the Senate and is awaiting a House hearing. The goal here is for it to never make it out of committee, and I expect that’s where advocates will spend much of their energy. Finally, there’s SB29, the anti-trans sports bill that Harold Dutton resuscitated in a fit of pique, and which is farthest along. All it needs is approval from the House, and then possibly a conference committee if the House amends it in some way.

That, as far as I can tell, is where we stand with the headline bills. There are other bills out there that didn’t get as much attention, and if they originated in the House and didn’t get passed on Friday, they’re mostly off the table. There’s always the possibility of an otherwise dead bill getting attached to some other piece of legislation, which can work but can also subject the bill to death by point of order. These last two weeks are where most of the shenanigans occur, so stay awake and be ready to respond to a sudden call to action. The Chron has more.

Dragging Dutton

Richly deserved.

Rep. Harold Dutton

Houston area political action groups, activists, and unions gathered outside the office of Democratic state Rep. Harold Dutton Jr. on Tuesday to call for his resignation.

“It’s better if he goes now than in the next election,” said Alexis Melvin, president of the Houston-based nonprofit Transgender Foundation of America.

“We the Houston community are here to call for the resignation of Harold Dutton for his attacks on education but more specifically his attacks on transgender kids,” said Brandon Mack, an organizer with Black Lives Matter Houston.

The fury stems from a bill Dutton revived and voted in favor of last week, Senate Bill 29. The legislation would prohibit trans youth from playing on sports teams consistent with their gender identity.

[…]

The Tuesday press conference and protest was organized and attended by major political groups in the Houston area, including the Houston GLBT Political Caucus, Houston Federation of Teachers, Black Lives Matter Houston, Indivisible Houston, Texas Gulf Coast Area Labor Federation, and others.

“In the labor movement, we say an injury to one is an injury to all,” said Ashira Adwoa an organizer with the Houston Federation of Teachers. “When your civil rights are under attack, we will speak out with you.”

Adwoa said Dutton should instead focus on making housing more affordable in his district, and pull funding from charter schools to finance smaller class sizes and more wraparound services in public schools.

“This school year has been traumatizing to students, and we need to help them recover from this pandemic,” Adwoa said.

Hany Khalil, executive director of Texas Gulf Coast Area Labor Federation, described Dutton’s behavior as shameful.

“Dutton didn’t vote for SB 29 when it first came up in committee because he knew it was a terrible, hateful bill,” Khalil said. “He knew it would hurt vulnerable kids. And so he used it as a cudgel to go after legislators who stood up to him and his attempt to strip democratic power from our schools.”

“Trans kids deserve to be safe and loved, just like all of our kids,” Khalil continued. “And they’re not pawns — they’re not pawns to be sacrificed in a disgusting game of legislative chess.”

See here for the background. Rep. Dutton has served for a long time, and while we have seen our share of Houston-area Democratic State Reps get bounced in primaries, mostly during the Speaker Craddick era, it’s not an easy thing to do. None of the groups present were Dutton supporters before – certainly not in 2020, when Dutton had to win in a runoff against Jerry Davis – so the work of building a sufficiently large coalition to oust him still needs to be done. The starting energy is good, and the cause is just. There remains a long way to go.

One more thing:

“I am hopeful that he doesn’t just get one primary challenger but a whole team of them,” [Houston GLBT Political Caucus President Jovon Alfon B.] Tyler said.

With all due respect, I don’t think that’s the best path to beating Dutton. Find one strong candidate that everyone at that demonstration can line up behind, and go from there. The problem with a stampede is that you’ll have too many people expending effort and resources in competing directions. There’s a real risk the same energy wouldn’t carry over into a runoff, as one would likely be needed in such a scenario. Join forces and unite behind one champion, that’s my advice.

Anti-transgender sports bill revived

Screw you, Harold Dutton.

Democratic state Rep. Harold Dutton on Friday revived and helped advance a bill that would restrict transgender students from participating in school sports, in what appears to be a retaliatory effort directed at members of his own party for sinking one of his bills.

Senate Bill 29, abhorred by fellow Democrats, would require the University Interscholastic League to force students to play on the sports teams based on their biological sex instead of their gender identity.

The bill, which already passed in the Senate, is a priority of Republican Lt. Gov. Dan Patrick. Dutton, who chairs the House Public Education committee, brought the legislation up for a committee vote on Tuesday, where it failed to advance, in large part, because Republican state Rep. Dan Huberty was absent that day and because Dutton himself abstained from voting for or against the bill.

On Thursday night, Dutton, who is from Houston, presented his own bill to the House floor that would give Texas Education Commissioner Michael Morath the ability to take over a district that fails to meet various academic standards and remove school board members. The bill is largely in response to a current legal battle between the Texas Education Agency and Houston ISD after the agency attempted to take over the district in 2019, but was blocked from moving forward by a temporary injunction that’s been upheld by the state’s Third Court of Appeals. Dutton’s alma mater in Houston ISD, Wheatley High School, has received an F rating for multiple years.

That bill, which is largely unpopular among Democrats, was blocked from being voted on after a fellow Houston Democrat Rep. Alma Allen sank it on a procedural technicality. Dutton and Allen sparred over the bill’s intent on the House floor with Allen arguing the bill would provide the TEA with too much latitude to take over an independent school district without providing any recourse for a district.

“When the school goes down, the community goes down and the developers move in,” she said as Dutton repeatedly rejected her assessment. “That’s the long effect of this bill passing.”

Dutton made several references to his bill’s failure on Friday morning in the House Public Education committee as he brought the transgender student athlete bill up for another vote.

“The bill that was killed last night affected far more children than this bill ever will. So as a consequence, the chair moves that Senate Bill 29 as substituted be reported favorably to the full House with the recommendation that it do pass,” he said.

He and Huberty, who is vice chair of the committee, then joined with the previous yes votes, giving SB 29 an 8-5 majority and advancing it out of committee. The bill must still be approved by the House before it can be sent to Gov. Greg Abbott for his signature.

See here for the previous update about HB29, and here for Dutton’s TEA takeover bill. “Petty” and “vindictive” are the words that come to my mind about this; I’m sure others can think of more. I hadn’t even considered this scenario as a possible route to this bill getting revived, but here we are. That doesn’t mean it will pass – it still has to come to the House floor, and if Speaker Dade Phelan is true to his earlier words about not wanting to bash LGBTQ+ people anymore, then it can get lost on its way to the Calendars committee. We’ll see about that. In the meantime, let’s start gathering support for the next primary challenge to Dutton, hopefully without any ghost candidates this time. The Chron and the Texas Signal have more.

Anti-trans sports bill fails to advance from House committee

Good news, but hold off on the celebrations for now.

A bill that would prevent transgender Texas children from joining school sports teams that match their gender identity failed to advance out of a House committee Tuesday, signaling potential trouble for one of several anti-LGBTQ bills in the Legislature.

The Senate has advanced a handful of bills that LGBTQ advocates say threaten the rights and mental health of transgender children in Texas, including restricting their access to school sports and medical care. Senate Bill 29, the sports bill, is the first anti-trans Senate bill to get a committee vote in the lower chamber.

House legislation banning gender confirmation health care for children, signed by 45 Republicans, was passed out of the lower chamber’s Public Health committee last week but has yet to reach the full House floor. Senate-approved legislation labelling the treatment as child abuse is set to go before the same committee, which is made up of six Republicans and five Democrats.

When members of the House Public Education committee — made up of six Democrats and seven Republicans — took up sports bill SB 29 on Tuesday, it failed to advance in a 5-6 party-line vote.

Opponents of the legislation were relieved by vote.

“We thank the members of the House Public Education committee for their votes today against SB 29,” said Zeph Capo, president of the Texas American Federation of Teachers. “We did the right thing today for all the children of Texas by standing up for trans kids.”

See here and here for some background; that second link is about the House companion to SB29. I should note that the House Public Education Committee has seven Republicans and six Democrats on it, so either two Republicans were absent or they abstained. Fine by me either way.

As noted, there are other bad bills out there. While SB29 may be dead, it can be attached to another bill as an amendment, which is a common legislative tactic. And of course we are going to have at least one special session for redistricting, and I guarantee there will be pressure on Greg Abbott to add anti-trans legislation to the agenda – he did that in 2017 for the bathroom bill, so it’s not like this would be out of character for him. So do celebrate this win, but celebrate responsibly. We’re a long way from being out of the woods. The Chron and the Texas Signal have more.

Another nasty anti-trans bill passes the Senate

Just awful.

The Texas Senate tentatively approved a bill Monday in an 18-13 vote that would classify providing gender affirming health care to transgender minors as child abuse — just one of the Legislature’s many attempts to prevent transgender children from transitioning before their 18th birthday.

Senate Bill 1646 is among several other bills that advocacy groups say erode the rights of transgender Texans. Authored by Lubbock Republican Sen. Charles Perry, it amends the definition of abuse under Texas Family Code to include administering or consenting to a child’s use of puberty suppression treatment, hormones or surgery for the purpose of gender transitioning.

But it’s unclear what the legislation’s chances are in the House, where another major bill targeting transgender children appears to have stalled.

In a Senate committee hearing, SB 1646 attracted over four-and-a-half hours of public testimony from LGBTQ Texans, their parents and several state and national medical associations opposing the bill’s intrusion into intimate medical decisions. Social workers also testified the bill could put more transgender children into the foster care system, where they face elevated rates of suicide and depression.

Perry argued in floor debate that the bill was necessary to prevent children from making irreversible decisions that they may regret later, but experts say both of those claims are questionable.

According to Marjan Linnell, a general pediatrician, puberty suppression treatments are completely reversible and have been used for decades to delay early onset puberty. While other treatments such as hormones and surgery may cause irreversible changes, Linnell said the risks are discussed extensively with children and their parents before the procedures, which is typically only performed after puberty.

[…]

The Senate is set to take their final vote on the bill Wednesday. It previously passed Senate Bill 29, legislation that would force transgender students to participate in school sports based on the sex originally labeled on their birth certificate.

That bill has been sitting in a House committee since the Chair Harold Dutton, D-Houston, told the Houston Chronicle its identical House companion bill likely didn’t have the votes to make it to the full lower chamber.

See here and here for some background. While SB29 could be assigned to the Public Education committee, which is why it is bottled up, SB1646 likely will be assigned to a committee that is Republican-dominated, and thus like HB1399 it will likely advance to the House floor. From there, anything can happen.

I think we all know how I feel about this, so let me cite a couple of worthwhile tweets and call it a day.

Anti-trans sports bill will not make it out of committee

Good, but hardly enough.

A bill that would dictate on which sports teams transgender athletes can compete in public schools was declared all but dead on Wednesday by Rep. Harold Dutton, the Public Education Committee chair who presided over an emotionally charged debate over it a day earlier.

The bill drew criticism from more than 1,000 employers across the state and the NCAA, which threatened to cancel future sports championships in the state if it were enacted.

Dutton, a Houston Democrat, told Hearst Newspapers the bill didn’t have the votes to pass his committee, which is made up of six Democrats and seven Republicans.

“That bill is probably not going to make it out of committee,” Dutton said. “We just don’t have the votes for it … But I promised the author that I’d give him a hearing, and we did.”

The bill’s author, Rep. Cole Hefner, R-Mount Pleasant, said Wednesday that he would still like to see a vote.

“I believe this bill is critically important to protect fair play in women’s sports,” Hefner said. “I appreciate Chairman Dutton giving this bill a hearing and believe it deserves an up or down vote.”

Rep. Dan Huberty, R-Kingwood, the influential Republican who indicated he would not support the legislation at Tuesday’s hearing, did not immediately respond to a request for comment.

While anything can happen in the final weeks of the 2021 legislative session — the language could be tacked onto another bill or the same bill could be sent to another committee, for example — the standstill marks a major roadblock for Republicans pushing it.

[…]

Angela Hale, senior adviser of Equality Texas, an LGBT rights advocacy group, said the group was pleased to hear the bill likely won’t make it to the House floor, but she added there are still about 30 bills in total this session that target the Texans of the demographic.

“We’re grateful that members listened to the voices of families and real experts yesterday in Chairman Dutton’s hearing,” Hale said. “We ask the legislature, and especially leaders in the Texas House, to once again reject this unnecessary and harmful legislation and focus on issues that unite us as Texans.”

Wesley Story, communications manager for the liberal advocacy group Progress Texas, agreed, saying banning transgender athletes is “cruel” and deprives them of “an essential part of childhood.”

“Defeating this discriminatory bill is a huge win for equality in our state, but unfortunately, this battle is not over,” Story said. “Republicans have manufactured controversy around transgender youth in sports and are also targeting life-saving, gender-affirming health care with other bills making their way through the Capitol. Texans must continue to show up and fight to protect trans kids by opposing dangerous anti-trans legislation.”

The bill in question is HB4042, and it’s a companion of SB29, which you may recall was approved by the Senate last week. That bill was also referred to the House Public Education Committee, so one assumes that unless something changes it will not make it to the House floor. That’s good, but it’s worth at best a muted celebration. For one thing, there are other anti-trans bills out there, and any of them could get revived at a later time or tacked as an amendment onto another bill. Nothing is dead in the Legislature until sine die, and given that there will be at least one special session for redistricting, nothing can be considered truly dead until that session is over, too.

More to the point, the existence of and hearings on these bills represent an ongoing threat and attack on numerous families and children around the state, who have to work to prove their humanity to a bunch of people who see them as problems. No one should have to go through that. Further, if we manage to make it through this session without any of these bills passing, that doesn’t mean the fight is over. We thought we saw the end of this after the 2017 sessions, when the bathroom bills finally died. As long as the modern Republican Party holds power in Texas, the threat is real and it is present. The only way to end the threat is to end the Republicans’ monopoly on power in Texas.

Another anti-trans bill advances

This just makes me angry.

Transgender Texas children, their parents, medical groups and businesses have vocally opposed many of the bills lawmakers are pursuing. Equality Texas CEO Ricardo Martinez said Texas has filed more anti-LGBTQ bills this session than any other state legislature.

“It’s insulting,” Indigo said. “These lawmakers think that we don’t know what we want with our own bodies and we’re not able to say what we want and mean it.”

House Bill 1399 would prohibit health care providers and physicians from performing gender confirmation surgery or prescribing, administering or supplying puberty blockers or hormone treatment to anyone under the age of 18. The House Public Health Committee advanced the bill Friday.

Senate Bill 1311 by Sen. Bob Hall, R-Edgewood, would revoke the medical license of health care providers and physicians who perform such procedures or prescribe such drugs or hormones to people younger than 18. The Senate State Affairs Committee advanced that bill Monday.

The Senate last week passed Senate Bill 29, which would prevent public school students from participating in sports teams unless their sex assigned at birth aligns with the team’s designation. While that bill would only affect students in K-12 schools, two similar bills in the House would include colleges and universities in that mandate.

SB 29 has been referred to the House Public Education Committee, which is slated to meet Tuesday and hear testimony on identical legislation that was introduced in the lower chamber.

It’s unclear, though, whether any of this year’s measures targeting transgender Texans have a chance at getting through both chambers. Last session, Dade Phelan, the Beaumont Republican who is now House Speaker, demonstrated a lack of appetite for bills restricting rights for LGBTQ Texans.

“It’s completely unacceptable,” he said at the time. “This is 2019.”

See here, here, and here for some background. Unfortunately, it’s not 2019 anymore, and it’s clear what the Republicans in the Legislature as well as Dan Patrick and Greg Abbott want. I missed SB1311’s advancement on Monday, authored by a guy who thinks that every one of these trans kids that have told him and the rest of the Lege in no uncertain terms how these bills are directly harmful to them is “just going through a phase”. This article leads off with the experience of Indigo Giles, whose mom is my friend Mandy Giles. I honestly don’t know how you can hear what people like Indigo have to say about their lives and themselves and conclude that they must be confused or deluded or lying, but then I’m familiar with the concept of “empathy”. What I do know is that Indigo and everyone like Indigo needs more than weak reassurances and the biennial need to make a road trip to Austin to defend their humanity to the likes of Bob Hall. The one way they’re going to get that is electing more Democrats in Texas. Say it with me now: Nothing is going to change until our state government changes.

More business pushback on more anti-LGBTQ+ bills

It’s like deja vu all over again.

Texas business leaders Monday condemned a slate of anti-LGBTQ bills winding through the Texas Legislature as harmful to Texans and as a threat to the state’s economy, which is still reeling from the recession that accompanied the coronavirus pandemic.

Tech companies in particular may be discouraged from doing business in Texas if the bills pass, according to Servando Esparza, executive director for the Texas and the southeast region of TechNet, a network of technology CEOs and executives.

“Any barriers to opportunity in Texas will make it harder for tech companies and other employers to convince other people to call this wonderful place home,” Esparza said. “We respectfully ask lawmakers not to do anything that will make it more challenging for talented, highly educated workers that companies need to hire.”

[…]

Texas Competes singled out 26 bills in the Texas Senate and House that they say would infringe on LGBTQ Texans’ rights, including the sports bans and restrictions on access to gender confirmation health care for transgender children.

“Businesses big and small and economies thrive on certainty,” said Jessica Shortall, managing director of Texas Competes. “What we’re faced with again this year is the uncertainty of whether discriminatory policies will rear their heads and cause all of the problems you’ve heard from our business speakers.”

See here for some background; one of the speakers noted the recent threat by the NCAA as part of the case against these nasty bills. You can see a copy of the letter here, and video of the press conference here. If all of this sounds depressingly familiar, it’s because it’s basically a rerun of the 2017 arguments against the bathroom bill. It’s just that this time around, there are multiple bad bills that threaten not just transgender Texans but the LGBTQ+ community as a whole. If you thought this might have gone away following the bad election cycle Republicans had in 2018, you were wrong.

Two things to note here. One is that the larger business community is not just unhappy about these radical anti-equality bills but also about voter suppression and attacks on renewable energy. I wouldn’t be surprised if there was uneasiness about permitless carry as well. The reason for all this is basically the same: All these things that are being attacked by the Republican-controlled Legislature are generally quite popular overall, and these companies want to be attractive to an educated, young, and diverse workforce that supports them even more. Throw in the spectacle of not just hurricanes and droughts but also winter storms that leave you without power and water for three days in super cold weather, and maybe our fabled bidness-friendly climate isn’t quite as attractive as it once was. What happens when current and prospective employees decide they don’t want to move to Texas, even if it has lower taxes and cheaper housing?

Which brings me to my second point, which you’ve heard me say many times. Talk is cheap. Action is what matters, and the only action these Republicans are going to understand is losing elections. (Which is one reason why they’re busy trying to rig the rules in their favor.) Businesses and business groups try to be non-partisan or bi-partisan by nature, and that has served them well for many years. But one party is pushing these bills that they hate, and one party is not. There are very few Republicans these days who don’t support these kinds of bills, and most of them are not in positions of power. At some point, either you actively work to vote people like that out of office, or you keep facing this same situation. The choice is clear.

Senate passes anti-transgender athletics bill

It’s gross, and it unfortunately may not be the only such bill they pass this session.

Transgender students would be banned from competing on school sports teams based on their gender identity under a bill that passed the Texas Senate on Thursday.

Despite immense opposition from civil rights groups and Democrats, the upper chamber voted on an 18-12 vote to advance Senate Bill 29. The measure now heads to the Texas House.

The proposal would prohibit students from participating in a sport “that is designated for the biological sex opposite to the student’s biological sex as determined at the student’s birth.” Students would be required to prove their “biological sex” by showing their original, unamended birth certificates.

State Sen. Charles Perry, R-Lubbock, argued on Wednesday that the prohibition is necessary to keep girls safe from injury and to retain fairness in interscholastic athletics. But Perry acknowledged that he doesn’t know of any transgender students currently competing in Texas school sports.

And medical professionals have largely debunked the argument that transgender athletes have an advantage, with one study showing people taking hormones did not have a significant performance edge in distance running.

Opponents said the Republican leadership-backed bill was a “fear tactic” in search of a problem that doesn’t exist.

“Trans kids, they just know they are not what their birth certificate says,” said state Sen. José Menéndez, D-San Antonio. “And that’s where we’re creating a problem that we don’t need to.”

[…]

Wednesday afternoon, Equality Texas held a news conference outside the Capitol building in Austin to bring awareness to over 30 bills filed in the legislature that would discriminate against LGBTQ youth. Ricardo Martinez, the organization’s CEO, noted that the first of these anti-trans bills was filed 156 days ago, on the first day of bill filing for this session.

“That day kicked off the Texas portion of a nationally-coordinated attack on our community,” Martinez said. “This attack, which intentionally targets transgender and intersex youth, who are some of the most vulnerable members of our community, is especially cruel given that we’re still in a deadly pandemic.”

Landon Richie, an 18-year-old transgender Texan, skipped his classes at the University of Houston to speak outside the Capitol Wednesday.

“Trans kids belong in Texas and deserve the same rights, access to health care, access to sports, access to public facilities, as any other Texan,” Richie said.

Mack Beggs, a transgender athlete from Texas, garnered national headlines after he won back-to-back wrestling titles in 2017 and 2018. Beggs competed in the women’s division because the UIL ruled he had to compete against the gender that appeared on his birth certificate. Attorney Jim Baudhuin sued the UIL in 2017, arguing that Beggs posed an injury risk to other athletes and possessed an unfair advantage. A Travis County judge tossed out the case.

“Mentally, it took a toll on me,” Beggs told Yahoo News last month. “I think we need to have resources in place for other [trans] kids who are in those positions.”

He spoke out against proposals like SB 29, calling them “revolting and honestly appalling.”

The irony of people who have systematically chiseled away at women’s health care in Texas arguing that this ridiculous and pointless bill will somehow “protect” women is enough to break my brain. As previously noted, there are economic consequences on the line here, as the NCAA has codified its warning that “it will only hold college championships in states where transgender student-athletes can participate without discrimination”. As with voter suppression, the reason to oppose this harmful nonsense isn’t that Texas may lose out on a couple of Final Fours, but that bills like this are directly harmful to many children, and are just morally wrong on any level you want to look at them. And as noted above, it just gets worse from here.

The mother of a transgender boy testified before the Texas legislature in tears as Republicans try to pass a bill to criminalize parents who support their transgender children.

“I’m terrified to be here today,” said Amber Briggle told the Texas Senate Committee on State Affairs at a hearing earlier this week. “I’m afraid that by speaking here today that my words will be used against me should S.B. 1646 or S.B. 1311 pass, and my sweet son whom I love more than life itself will be taken from me.”

Texas’s S.B. 1646 would redefine child abuse to include “consenting to or assisting in the administering or supplying of, a puberty suppression prescription drug or cross-sex hormone to a child,” as well as other gender-affirming health care procedures, even though puberty blockers are reversible and have been found to significantly reduce suicidal thoughts for trans people.

And Briggle knows that first-hand.

“When my son was four-years-old, he asked me if scientists could turn him into a boy,” Briggle said, adding that she didn’t understand that he was trans. “I only knew that he wasn’t like most girls his age and that something inside him was hurting.”

She said that she learned about trans youth and found that surgery is not performed on minors, despite how much Republican lawmakers talk about surgery in the context of bills to ban gender-affirming care for minors.

“Today, my son is 13-years-old, the most popular boy in seventh grade, and loved by our friends, family, our church, and our community,” Briggle said. “This is possible because he has parents who affirm him and provide him with the support he needs.”

“Taking that support away from him, or worse, taking him away from his family because we broke the law to provide that support – will have devastating and heartbreaking consequences,” she said, fighting through tears.

“If this bill becomes law, that, senators, is child abuse,” she concluded. “And I promise I will call every single one of you every time a transgender child dies from suicide to remind you that their lives could have been saved, but you chose not to.”

Neither SB1646 nor SB1311 have had committee votes yet, so maybe they’ll die a quiet death and we can exhale and say we dodged a particularly nasty bullet. The fact that Amber Briggle and Kai Shappley and countless others were forced to testify on behalf of their own humanity or the humanity of their children is beyond disgusting. The Chron has more.

UPDATE: And then this happened:

It is hard not to despair. Rep. Erin Zwiener has more.

NCAA warns Texas about anti-transgender bills

It’s not just the voter suppression bills that will do great harm to the state of Texas and its people if the Republicans ram them through.

Amid all the talk of boycotts and corporate criticism of election bills going through the Texas Legislature, major resistance is also shaping up to another top priority of the Republican state lawmakers.

With the Texas Senate cued up to debate a bill this week that would ban transgender girls from competing in girls’ interscholastic sports, the NCAA recently issued a stern warning that they are watching the legislation.

“The NCAA continues to closely monitor state bills that impact transgender student-athlete participation,” NCAA officials said in a statement to Hearst Newspapers. “The NCAA believes in fair and respectful student-athlete participation at all levels of sport. The association’s transgender student-athlete participation policy and other diversity policies are designed to facilitate and support inclusion.”

The NCAA policies allow transgender athletes to participate without limitations.

It is very similar to the statements the NCAA put out just before Arkansas Gov. Asa Hutchinson signed a transgender bill similar to the one Texas is considering and one that South Dakota Gov. Kristi Noem backed away from while warning of an unwinnable showdown with the college sports association.

SB 29, sponsored by Lubbock Republican Sen. Charles Perry would ban a student from participating in a sport “opposite to the student’s biological sex as determined at the student’s birth…”

[…]

Critics of the Texas legislation and others like it say it’s all part of a wave of bills in statehouses around the nation that are not only discriminatory against transgender children, but dangerous to them.

“This is a moment of national crisis where the rights and the very existence of transgender young people are under attack,” said Alphonso David, president of Human Rights Council, a national group that fights violence, discrimination and fear of LGBTQ people. “Like the bathroom bills and the bills targeting marriage equality before them, these bills are nothing more than a coordinated effort by anti-LGBTQ extremists spreading fear and misinformation about transgender people in order to score cheap political points.”

[…]

The NCAA has been a notable voice against anti-transgender legislation. In 2017, it pulled major sporting events out of North Carolina because of that state passing a version of the bathroom bill. Eventually, North Carolina lawmakers amended the legislation to end the boycott.

The NCAA has major financial commitments in Texas. The men’s basketball Final Four is scheduled to be in Houston in 2023 and then in San Antonio again in 2025. Dallas hosts the women’s Final Four in 2023, and the College Football Championship is set for Houston in 2024.

In 2017, studies suggested Texas could lose nearly $250 million if the Final Four was taken away then. With three Final Fours and the football championships, Texas would be looking at more than $1 billion in economic impact.

“The NCAA believes diversity and inclusion improve the learning environment and it encourages its member colleges and universities to support the well-being of all student-athletes,” the NCAA said in its recent statement to Hearst Newspapers about Texas’ transgender legislation.

That was an early story. The Trib filed a little later, and the NCAA was a bit more specific this time.

The National Collegiate Athletic Association Board of Governors said it will only hold college championships in states where transgender student-athletes can participate without discrimination. The Monday warning sets the stage for a political fight with multiple states, including Texas, that are considering bills in their legislatures that would require students to play sports with only teammates who align with their biological sex.

“Inclusion and fairness can coexist for all student-athletes, including transgender athletes, at all levels of sport,” the NCAA statement said. “Our clear expectation as the Association’s top governing body is that all student-athletes will be treated with dignity and respect. We are committed to ensuring that NCAA championships are open for all who earn the right to compete in them.”

See here for the preview. I for one would very much like these sporting events to be in our cities in those years. But if the Lege follows through on these terrible, harmful bills then the NCAA absolutely should follow through and pull them all until such time as these bills are repealed.

While the legislation has seen some traction in the upper chamber, it’s unclear whether there will be support in the House, where similar bills have yet to get assigned a committee hearing.

In the past, Speaker Dade Phelan, R-Beaumont, has pushed back against bills that would weaken protections for LGBTQ people. After the Senate passed a bill in 2019 that removed nondiscrimination protections based on sexual orientation, the House State Affairs Committee, which Phelan chaired, had the language reinstated.

Phelan said in an interview at the time that he was “done talking about bashing on the gay community.”

“It’s completely unacceptable,” he said. “This is 2019.”

I would have thought we’d learned this lesson in 2017, but apparently some lessons need to be learned the hard way. We still have a chance to escape that fate, but if we don’t it’s 100% on the Republicans. I hope Dade Phelan meant what he said, but it remains to be seen. To learn more and hear from the advocates of the transgender children who are being targeted by our Legislature, you can follow Rebecca Marques, Jessica Shortall, Equality Texas (the woman you see testifying in that video is my friend Mandy Giles), Kimberly Shappley, and Amber Briggle on Twitter. USA Today, the Texas Signal, and Mother Jones have more.

MLB pulls 2021 All Star Game out of Georgia

Well, well, well.

Major League Baseball on Friday pulled this year’s All-Star Game out of Atlanta in protest of Georgia’s new restrictive voting law.

The “Midsummer Classic” was set for July 13 at Truist Park, home of the Atlanta Braves, in addition to other activities connected to the game, such as the annual MLB Draft.

“I have decided that the best way to demonstrate our values as a sport is by relocating this year’s All-Star Game and MLB Draft,” Commissioner Robert D. Manfred Jr. said in a statement. “Major League Baseball fundamentally supports voting rights for all Americans and opposes restrictions to the ballot box.”

[…]

While Truist Park is in Cobb County, just outside of Atlanta, Mayor Keisha Lance Bottoms warned her constituents that MLB’s move will likely be the first “of many dominoes to fall, until the unnecessary barriers put in place to restrict access to the ballot box are removed.”

“Just as elections have consequences, so do the actions of those who are elected,” she said in a statement.

U.S. Sen. Marco Rubio, a Republican from neighboring Florida, blasted MLB for caving to public pressure.

“Why are we still listening to these woke corporate hypocrites on taxes regulations & anti-trust?” Rubio tweeted.

This week, President Joe Biden said he would strongly support moving the All-Star Game out of Georgia to protest the new law.

MLB’s action follows strong statements from the Georgia-based companies Coca-Cola and Delta Airlines blasting the state’s law.

Stacey Abrams, the former Georgia House of Representatives minority leader, said in a statement Friday that she’s “disappointed” that MLB officials took the All-Star Game from Atlanta but is “proud of their stance on voting rights.”

Georgia Republicans “traded economic opportunity for suppression,” said Abrams, who is credited with voter-drive efforts that delivered the Peach State to Biden and two Democrats to the U.S. Senate.

MLB has not determined a new All Star Game location yet, but as the story notes the 2020 game was supposed to be in LA but was canceled due to COVID-19. That’s an obvious solution if they want it. You can see a copy of the full MLB statement here. They’re basically following in the footsteps of the NBA, which you may recall pulled their 2017 All Star Game out of Charlotte following the passage of the extremely anti-trans HB2 in North Carolina; that law was later amended, though not repealed. Stacey Abrams has said elsewhere that she does not advocate for boycotts of Georgia in response to their voter suppression bill because the effects of such boycotts tend to hit lower income folks and people of color harder, but it’s still meaningful to see a response.

Meanwhile, in Texas.

Some of the state’s most influential companies are criticizing a package of proposed changes to Texas elections that civil rights groups liken to Jim Crow laws and that will suppress voting.

The bill approved by the Texas Senate on Thursday would limit early voting hours, prohibit drive-thru voting and ban local election officials from sending vote-by-mail applications to voters unless specifically requested. A bill that combines the Senate and House versions is expected to reach Gov. Greg Abbott’s desk within weeks.

Among the Texas-based companies decrying the bill are American Airlines, computer-maker Dell and Waste Management.

The Houston-based waste disposal company said in a statement that it supports elections that are open to all voters.

“Integrity and equal access for all are critical to a healthy voting system and our democracy,” spokeswoman Janette Micelli said.

The Greater Houston Partnership, the Houston region’s chamber of commerce, said in an email that it believes that the state’s voting process should instill confidence in the process and be “open and readily accessible by all.”

“We encourage our elected leaders, on both sides of the political aisle, to balance these two ideals, strengthening all Texans’ right to vote in free and fair elections,” the GHP said.

AA and Dell we knew about, while Waste Management is new to the party – welcome, y’all. As for the GHP, that statement is pretty damn limp, and SB7 author Bryan Hughes is quoted in the story claiming this is exactly what his trash bill is meant to do. Don’t be mealy-mouthed, GHP. Take an actual stand or sit down and be quiet. Daily Kos, which notes that Southwest Airlines and AT&T have “offered vaguer statements in support of voting rights” without mentioning SB7, has more.

Dan Patrick’s priorities

They haven’t changed. He might have had to shoehorn in a thing or two because he’s not stupid and he knows he had a close call in 2018, but the essence of Dan Patrick is eternal.

Lt. Gov. Dan Patrick on Tuesday unveiled his top 31 priorities for the 2021 legislative session, a mix of newly urgent issues after last week’s winter storm, familiar topics stemming from the coronavirus pandemic and a fresh injection of conservative red meat into a session that has been relatively bland so far.

Patrick said in a statement that he is “confident these priorities address issues that are critical to Texans at this time” and that some of them changed in recent days due to the storm, which left millions of Texans without power. After his top priority — the must-pass budget — Patrick listed his priorities as reforming the state’s electrical grid operator, as well as “power grid stability.”

Patrick’s specific plans for such items remain unclear, however. Almost all of his priority bills have not been filed yet, and the list he released refers to the issues in general terms.

The priorities echo much of the agenda that Gov. Greg Abbott laid out in his State of the State speech earlier this month, including his emergency items like expanding broadband access and punishing local governments that “defund the police.” Fourth on the list is a cause that Patrick himself prioritized recently — a “Star Spangled Banner Protection Act” that would require the national anthem to be played at all events that get public funding.

However, besides the fresh focus on the electrical grid, perhaps the most notable takeaway from Patrick’s agenda is how far it goes in pushing several hot-button social conservative issues. Patrick’s eighth and ninth priorities have to do with abortion — a “heartbeat bill” that would ban abortion once a fetal heartbeat is detected, as well as an “abortion ban trigger” that would automatically ban the practice if the U.S. Supreme Court overturned Roe v. Wade.

Abbott said he wanted to further restrict abortion in his State of the State speech but did not mention those two proposals specifically.

Abortion is not the only politically contentious topic on Patrick’s list. As his 29th priority, Patrick put “Fair Sports for Women & Girls,” an apparent reference to proposals that would ban transgender girls and women who attend public schools from playing on single-sex sports teams designated for girls and women. He also included three items related to gun rights: “Protect Second Amendment Businesses,” “Stop Corporate Gun Boycotts,” and “Second Amendment Protections for Travelers.” It was not immediately clear what specifically those three bills would entail.

Coming in at 10th is another proposal that was left unmentioned in Abbott’s speech despite popularity with the GOP base: banning taxpayer-funded lobbying. That is considered one of the big pieces of leftover business for conservatives after the 2019 session.

You can see the list here. And yes, that Star Spangled Banner Protection Act slots in at number 4, behind the budget (the one bill the Lege is required to pass) and the two hastily-added power grid items. Which means that in the absence of last week’s freeze and blackouts, that would have been Dan Patrick’s top legislative priority. And that, even before you get to the rest of the garbage on his list, tells you all you need to know about Dan Patrick.

Actually, there is one more thing to point out. Note that tenth item, about the capability for cities and counties and school districts to hire lobbyists to advocate for their issues at the Legislature. As we have discussed, the power companies have plenty of well-paid lobbyists at the Capitol representing their interests. Those lobbyists are funded by your power bills. Dan Patrick is just fine with that. This is what he’s about. The Chron has more.

It’s not a legislative session without an attack on transgender rights

They’re targeting kids, because of course they are.

Texas Republicans are again trying to limit the ways transgender youth can participate in athletics.

Lawmakers have filed legislation that would ban transgender girls and women who attend public K-12 schools, colleges and universities from playing on single-sex sports teams designated for girls and women.

One bill filed by Rep. Valoree Swanson, R-Spring, is similar to others filed across the country that are characterized by conservative advocates as trying to maintain fairness in women’s sports. Idaho passed a law last year called the “Fairness in Women’s Sports Act.” In Montana, a similar bill, called the “Save Women’s Sports Act,” advanced to the state Senate this week.

According to a tally from the American Civil Liberties Union, nine other states have similar bills moving through the legislative process this year, including Mississippi, Connecticut and Tennessee. According to Equality Texas, more states are also filing bills this year that would apply these policies to colleges as well.

The University Interscholastic League of Texas, which governs high school athletics and extracurricular activities, relies on students’ birth certificates to determine whether they participate in men’s or women’s athletics. Notably, the UIL will recognize changes made to birth certificates to alter their gender marker.

Texas universities follow National College Athletic Association rules for division athletics, and some apply similar policies to intramural sports. Texas A&M University and the University of Houston allow students to play on the intramural team of the gender they identify.

This year’s legislative session could see yet another wave of debates over civil rights for LGBTQ youth. The next four years are likely to feature federal battles with Republican-led states, with the Biden administration already pledging to apply discrimination protections to sexual orientation and gender identity, and rolling back the order that banned transgender people from serving in the U.S. military.

In previous sessions, Texas Republicans, like those in other states, unsuccessfully pursued so-called “bathroom bills” that would prevent transgender people from using the bathroom that matched their gender identity. Now, LGBTQ advocates said conservatives across the country are latching onto issues related to athletics and health care as the latest way to spread fear about transgender children using inaccurate information, despite opposition from medical and athletic associations.

“This is bathroom bill 3.0,” said Angela Hale, senior adviser at Equality Texas. “It’s very unsettling to transgender children who just want to live. They don’t want to have to come down to the Capitol and testify every single legislative session just so that they can live and go about their daily lives.”

Republican lawmakers also filed a bill that would make it a crime for doctors and mental health providers to provide care to children that affirms their gender identity, perform gender-confirming surgeries or prescribe hormone treatments, characterizing these actions as “abuse.”

Advocates said lawmakers in at least five states have filed the bill restricting medical access for trans youth in tandem with the restrictive sports bill.

There’s more and you should read the rest, I’m too angry to think much more about it right now. The bills in question are based on ignorance and animosity, and would cause a lot of harm to a lot of people. I will never understand what causes a person to think this way, and I will never forgive a legislator who supports such things.

SBOE updates sex ed curriculum

All things considered, especially the past history of the State Board of Education and its shenanigans, this could have been worse. It’s not great, but the potential for disaster was monumentally high.

The Texas State Board of Education gave preliminary approval this week to a sex education policy that includes teaching middle schoolers about birth control beyond abstinence — its first attempt to revise that policy since 1997.

In jam-packed meetings held Wednesday through Friday, the 15-member Republican-dominated board came one step closer to revising minimum standards for what Texas students learn about health and sex. It is expected to take a final vote in November.

The board voted to teach seventh and eighth grade students to “analyze the effectiveness and the risks and failure rates … of barrier protection and other contraceptive methods in the prevention of STDs, STIs and pregnancy,” in addition to the importance of abstinence. Currently, learning about birth control methods beyond abstinence is only a requirement in high school, where health education is an optional course.

But the board rejected proposals to teach middle school students about the importance of consent or teach any students to define gender identity and sexual orientation.

[…]

Over the last several months, panels of educators and medical professionals formulated recommendations to overhaul the health and sex education policies.

Board members clashed on several edits to those recommendations, including whether to include explicit reference to sexual orientation and gender identity. On Thursday and Friday, Ruben Cortez, a Brownsville Democrat, unsuccessfully proposed teaching middle schoolers and high schoolers to define sexual orientation and gender identity. He said the proposals would help LGBTQ students, who studies show have a higher rate of suicide attempts in part due to discrimination.

“One of my children this summer came out to us and the fact that she had to bottle that in for years thinking that we wouldn’t accept her,” he said, getting choked up as he spoke. “It’s difficult to imagine what other students who don’t live in a tolerant house would go through if we don’t insert language like this to help our students.”

Most Republicans on the board opposed his proposal, saying they would rather not include it in the minimum standards schools are required to teach. Instead, they said, they would rather let local school districts vote to add LGBTQ issues to their own health education policies, since state law gives them that flexibility. Matt Robinson, from Friendswood, was the sole Republican who voted with Democrats to add the language Friday.

“I would like to see this left up to being a community decision,” said Pat Hardy, a Fort Worth Republican.

“I don’t think at the high school level we can afford to be cryptic with regards to our youth,” said Marisa Perez-Diaz, a Converse Democrat. “Identity exists. We need to talk about it regardless of one’s sensitivity and discomfort.”

Most Republicans also opposed Cortez’s proposals Thursday and Friday to teach middle and high school students to “explain the importance of treating all people with dignity and respect regardless of their sexual orientation and gender identity.”

Instead, they approved teaching students to prevent “all forms of bullying and cyberbullying such as emotional, physical, social and sexual.” Schools can choose to include bullying as a result of sexual orientation and gender identity in those lessons, Republicans said.

On Wednesday night, board members battled over whether to teach sixth graders the definition of consent as it relates to physical intimacy and to “explain why all physical contact should be consensual.” Republicans said consent was a legally murky concept and instead prioritized students learning to be able to say no to unwanted approaches.

“In my opinion, refusal skills, personal boundaries, personal privacy covers this area at this age,” said Marty Rowley, an Amarillo Republican. “Eleven and 12 is too young in my opinion.”

I’d argue that stuff needs to be discussed from the time the kid is in preschool. Which, in a good preschool, it often is. It’s basic bodily autonomy, as in no one has the right to touch you if you don’t want them to. I don’t think it gets all that more complicated when you’re talking about touch in an explicitly sexual context. I can understand why people may be uncomfortable with that, but that’s just too bad. This was a significant missed opportunity.

Same thing with sexual orientation and gender identity. Perhaps what some people fail to understand is that the kids themselves are a lot more comfortable with that subject than many adults are. And kids who are gay or trans or nonbinary generally know who they are by middle school. We can’t choose to not engage with them on the subject. It’s alienating and insulting to them. Leaving it up to the locals may sound like a reasonable compromise, except that we know some school districts are hostile to LGBTQ students, and could not be trusted to set this material themselves. Some minimum level of standard is needed, and the SBOE whiffed on it. Basically, what was needed in both of these cases was honest, factual information, which would benefit all of the students. This change will not provide it to them, and that is a significant failure on the SBOE’s part.

The good news is the baby step away from abstinence-only education, which is a travesty with harmful repercussions. It’s not enough, but any movement in that direction is welcome. If we can take advantage of the opportunity we have this fall to elect some better members to the SBOE, maybe we can take more steps in that direction, and get on the right track with these other matters. The Chron and Reform Austin have more.