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transgender rights

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.

We still need that equality bill in the Lege

That SCOTUS ruling was huge, but there’s still a lot of work to be done.

LGBTQ Texans marked a major victory Monday when the U.S. Supreme Court ruled that federal civil rights law prevents employment discrimination on the basis of sexual orientation or gender identity. But in Texas, which did not have such workplace safeguards, LGBTQ lawmakers and advocates say they are far from done fighting for other essential protections.

Employment discrimination protections, they say, are necessary but not sufficient for advancing the equal treatment of LGBTQ Texans. Thanks to Monday’s ruling, Texans can no longer be fired for their sexual orientation or gender identity, but there is no state law explicitly preventing landlords from refusing to rent homes to LGBTQ Texans, for example.

Members of the Texas House LGBTQ Caucus are setting their sights on a comprehensive set of nondiscrimination protections that would codify the employment protections in state law, as well as guarantee LGBTQ Texans equal access to housing, health care and other public accomodations.

It will not be an easy bill to pass.

[…]

“We can’t look at this as being a partisan or political issue — it’s a human issue,” said Democratic state Rep. Jessica González, vice chair of the LGBTQ Caucus. “And in order to create a change in mind, you need to create a change in heart.”

González announced in May that she would spearhead the fight for a comprehensive nondiscrimination bill during the next regular legislative session in 2021 with Republican state Reps. Sarah Davis of West University Place and Todd Hunter of Corpus Christi.

“We rolled it out early to start the conversation,” González said.

In pushing for comprehensive nondiscrimination protections, LGBTQ lawmakers and their allies are also making an economic case. Big businesses like Amazon and Google have been major advocates for LGBTQ Texans over the last few years, telling lawmakers that to attract the best talent to their Texas offices, they need to guarantee workers equal rights in their communities.

“It is the business community’s voice that has been one of the loudest and strongest advocates for the LGBT community over the years,” said Tina Cannon, executive director of the Austin LGBT Chamber of Commerce.

Still, advocates have acknowledged that Monday’s ruling, while exhilirating the LGBTQ community, may also stir up opposition.

“I do think this is going to galvanize the folks who don’t want us to be at the same level,” Shelly Skeen, a senior attorney with the LGBTQ rights group Lambda Legal, said during a virtual briefing after Monday’s ruling. “So we got even more work to do, but I think we got some great momentum behind us.”

LGBTQ Caucus members have already made major progress since 2017, when LGBTQ advocates spent much of the legislative session playing defense as they fought back a controversial “bathroom bill” that would have limited transgender Texans’ access to certain public spaces. It was championed by Lt. Gov. Dan Patrick and hardline conservative groups.

See here for more on that SCOTUS ruling, and here for more on the equality bill. Dems taking the House is probably the only path to this bill making it out of the lower chamber, where it will never get a hearing in the Senate. The best we can do is get everyone on the record, and fight like hell to elect more Democratic Senators in 2022, as well as un-electing Dan Patrick and Ken Paxton, by far the two biggest obstacles to getting a real equality bill enacted. Yeah, I’ve got Paxton there ahead of Greg Abbott, who I could sort of maybe imagine going with the flow if he gets enough pressure from business and the wingnut fringe has been somewhat neutered. Electing some Democrats to the State Supreme Court would also help, and that we can do this year as well. The things to remember are 1) this is going to take more than one session; 2) the more elections we win, the closer we will be able to get; and 3) we cannot ease up, not even a little, because it will always be possible to go backwards. Eyes on the prize, and get people elected to do the job. That’s what it is going to take.

So let’s talk about HERO 2.0 again

Surely now is the time.

In November 2015, 61 percent of Houston voters rejected a city ordinance that would have barred employers from discriminating against people based on their sexual orientation and gender identity, a devastating blow for LGBTQ advocates in the nation’s fourth-largest city.

Four and a half years later, two-thirds of the conservative-majority U.S. Supreme Court extended federal workplace protections to gay and transgender employees across the entire country, with Justice Neil Gorsuch — a conservative jurist appointed by President Donald Trump — penning the majority opinion.

The ruling marks a stunning turnaround for LGBTQ Houstonians, who lacked such protections under local, state or federal law before Monday. Still, they remain subject to discrimination in public places, meaning a restaurant owner may no longer discriminate against gay and transgender employees but can refuse service to LGBTQ customers.

Houston’s anti-discrimination measure — branded by supporters as Houston’s Equal Rights Ordinance, or HERO, and by opponents as the Bathroom Ordinance — would have applied to employers, housing providers and places of public accommodation. It would have protected 13 classes on top of sexual orientation and gender identity: sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy and genetic information, and family, marital or military status.

Supporters of the local anti-discrimination law say they will continue tentative plans to push for a second version of the measure in 2021, the next city election, to ensure the remaining classes and locations are covered. They also say a local ordinance would provide an added layer of protection for members of Houston’s LGBTQ community beyond the Supreme Court ruling.

“It is very clear, if you put it in the context of what’s happening in our country right now, that having de jure employment protections doesn’t mean that the problem is solved,” said Annise Parker, the former Houston mayor and first openly gay mayor of a major American city. “Because, in fact, we’ve had protections around race for a very long time and we still are trying to work hard to dismantle systemic racism. So, it is a big step forward, but there’s still much work to do.”

Houston’s LGBTQ advocacy groups have eyed the 2021 election since their first attempt ended in a resounding defeat. Monday’s court ruling will strengthen their case and their odds of success, contended Austin Davis Ruiz, communications director for the Houston GLBT Political Caucus.

“If you can no longer discriminate on the basis of sexual orientation or gender identity as it’s decided in this interpretation of the word ‘sex,’ then it should be able to be extended to all these other areas that still lack federal protection,” Ruiz said.

[…]

Alternatively, Houston City Council could pass an anti-discrimination ordinance if Mayor Sylvester Turner were to place it on a meeting agenda and the majority of the 17-person council approved it. Turner, who controls the City Council agenda, did not address that possibility in a statement Monday praising the Supreme Court ruling. Through a spokeswoman, the mayor declined to say whether he thinks the ordinance should go through City Council or the November ballot.

During last year’s mayoral campaign, Turner said he was working with his LGBTQ advisory board to find “opportunities to do more public education” on the issue, but stopped short of saying he would advocate for a ballot measure in 2021.

We were talking about this last November, during the Mayoral runoff. I argued at the time for waiting until 2022, in order to get a better turnout model, but the engagement and outreach strategy is what really matters. Certainly, this could be passed by Council, but there would almost certainly be another referendum to overturn it, so you may as well have the election on your own terms. And despite what happened in 2015, there’s no reason why it couldn’t pass this time. It’s mostly a matter of making sure that Democratic voters vote in favor of a position that is almost universally held by the Democratic politicians those voters vote for. There are a lot of ways this can be accomplished, but the one thing I’d call absolutely vital is organizing and preparing a message strategy for it ahead of time. There’s no better time than now to be doing that.

SCOTUS delivers a win for equality

Quite a pleasant surprise.

In a major victory for gay and transgender workers in Texas and nationwide, the U.S. Supreme Court ruled Monday that federal civil rights law prohibits employers from discriminating against workers on the basis of their sexual orientation or transgender identity.

Texas is among a majority of states that do not offer explicit protections for LGBTQ communities in employment, housing or public spaces, though some of the state’s biggest cities have passed some protections. And the ruling carries particular weight in a state where proposals to expand those protections have historically been dead on arrival at the GOP-dominated Texas Legislature.

Jason Smith, a Fort Worth employment attorney who represented Stacy Bailey, a Mansfield ISD art teacher who was put on leave after showing students a photo of her wife, called the far-reaching ruling a pleasant surprise because it “covers everybody in the rainbow.” He had not dared hope for such a comprehensive opinion, he said.

“I can’t tell you how many phone calls we’ve had at our law office from LGBTQ folks who we had to tell the courts were going to turn their case out,” Smith said.

Now, he said, “we can do something for them.”

[…]

Many federal courts, including those in and governing Texas, had ruled that Title VII did not protect workers from discrimination on the basis of sexual orientation.

The state’s first LGBTQ Caucus, founded in 2019, announced earlier this summer that it has bipartisan support for a comprehensive non-discrimination law for LGBTQ Texans. Long a legislative push from some Democrats, that proposal has never gone far at the Capitol in Austin, facing particular resistance from Lt. Gov. Dan Patrick and the socially conservative Texas Senate.

Now the fight moves to the state Capitol, where lawmakers said they will fight for similar protections in housing and other spheres. Wesley Story, a communications associate for Progress Texas, said it’s time “to expand those protections to other areas including education, housing, and health care.”

“Equal protection for LGBTQ employees is now the land of the land!” tweeted state Rep. Erin Zwiener, D-Driftwood and a member of the LGBTQ Caucus. “I’ve never been more happy to strike a piece of legislation off my bill list for next session.”

Zwiener added that she looks forward to fighting for other protections not covered by Monday’s ruling, including in housing and other areas.

As noted in that tweet, while this ruling offers protections at the workplace, it does not address things like housing. Plus, federal lawsuits are expensive and time-consuming, and thus limited as a way to redress discrimination complaints. That was one of the rationales behind local anti-discrimination ordinances, and the reason why a statewide non-discrimination law is still necessary. This was a big step forward, but it’s hardly the end of the road.

Let’s also be clear that the opponents of equality, once they are done wailing and gnashing their teeth, are going to set about doing everything they can to limit the effect of this ruling. They’re still trying to minimize the Obergefell ruling, so you can be sure this one will be in their sights as well. As long as the likes of Dan Patrick and Ken Paxton hold power, there will be danger. Celebrate the win, but don’t let your guard down. Slate and the Chron have more.

A bipartisan equality bill

I appreciate the effort, but we can’t expect too much to come of this.

Five Democratic and two Republican state legislators announced plans Wednesday to file a bill next legislative session that would bar discrimination against LGBTQ Texans in housing, employment and public spaces.

The bill, which has the early support of state Reps. Sarah Davis, R-West University Place, and Todd Hunter, R-Corpus Christi, would extend protections based on sexual orientation and gender identity. There are 21 states that already have enacted such policies.

“Quite frankly, we are already behind the curve on this issue,” Davis said. “Nondiscrimination is not just good for LGBTQ community, but it’s good for all Texans.”

Lawmakers rolled out the bill during a virtual news conference where they touted an economic study that found a statewide nondiscrimination policy would generate $738 million in state revenue and $531 million in local government revenue next biennium. It also would add 180,000 new jobs in technology and tourism by 2025, the study found. The benefits, the authors said, largely would come from Texas’ greater ability to attract talent and heightened opportunity for tourism and conventions.

“We should want to treat people fairly because it’s the right thing to do, whether it has economic effects or not,” said Ray Perryman, a Waco-based economist who led the study. “This shouldn’t be the reason to do it, but it is a very important aspect of it in today’s society, and there are very significant economic costs associated with discrimination.”

The legislation likely will face strong headwinds in the Republican-controlled Senate. Lt. Gov. Dan Patrick, who presides over the upper chamber, prominently opposed a similar measure that was rejected by Houston voters in 2015, and later backed the so-called bathroom bill opposed by LGBTQ advocates that would have required people to use facilities matching the gender identity on their birth certificates.

The lawmakers largely dismissed political concerns Wednesday, arguing instead that their early push for the bill — more than seven months before the session is slated to begin — heightens their odds of passing it.

“I think a lot of this is going to take talking to our colleagues and explaining the results of this study,” said Rep. Jessica González, D-Dallas, a member of the House LGBTQ Caucus and author of the bill. “It’s going to take a lot of groundwork.”

[…]

The bill faces good odds of passing the lower chamber, where Democrats have gained ground and some Republicans have moderated their positions, said Brandon Rottinghaus, a political science professor at the University of Houston. He was less bullish on the bill’s chances in the Senate.

“It’s a different animal on that side of the chamber,” Rottinghaus said. “You do all the political calculations and it’s a tall order to get it passed. But, in some ways it’s a marker: these members see the future of Texas as one where the economy needs to be put front and center, and if that theory can get some grip among the members, then there’s hope for it in the future. But as it is now, it’s a pretty tough sell.”

That’s really about all there is to it. This bill may pass the House, but if so then Dan Patrick will stick it in a shredder, have the shredder blown up by the bomb squad, and then have the debris shipped to Oklahoma. We ain’t getting a bill like this passed while he’s Lite Guv, and that’s even before we consider getting it signed and then having it reasonably enforced by the Attorney General. It’s nice that there are two House Republicans willing to sign on to this – no, really, that is important and could very well matter if we oust Patrick in 2022 but still have a Republican-controlled Senate – but it will take either more of them than that to get this passed, or fewer Republicans in the House overall. I don’t know who our next Speaker will be, but I like the odds of this passing with a Democrat appointing committee chairs than with pretty much any Republican that could inherit the gavel. Needless to say, one way of getting the requisite number of Dems in the House is to oust Sarah Davis, as her seat is high on the list of pickup possibilities. Todd Hunter’s HD32 is on that list as well, but farther down; if he loses in November, Dems have had a very, very good day.

Let’s be clear that lots of substantive bills take more than one session to get passed, so bringing this up now even without any assurance that it could get out of committee is the right call. Start talking about this now – the real benefits a true equality bill would bring, the ridiculous arguments that opponents will throw at it, and very importantly the potential legal pitfalls that the true wingnuts and their sympathetic judges will try to exploit – and we’ll be better positioned when the timing is better. I can’t say when that might be – elections have consequences, I’m told – but it’s best to be prepared.

Next up for Mayor Turner

A preview of his second term agenda.

Mayor Sylvester Turner

Mayor Sylvester Turner said he would seek to enact “transformational” changes in his second term, previewing an agenda that will require city leaders to confront politically difficult issues and vastly expand the use of public-private partnerships — a critical step for some of the mayor’s otherwise unfunded signature programs.

Fresh off his re-election victory over Tony Buzbee, Turner also spoke in new detail Sunday about his plans to restructure the fire department, accelerate the city’s permitting process, build a new theme park and intensify efforts to repair damaged streets.

“I said when I came in, in 2015, I wasn’t going to ignore things because they were not politically convenient. That has not changed,” Turner said in an interview with the Chronicle. “If I have to expend political capital to get some things done, that’s exactly what we’re going to do.”

Chief among Turner’s priorities, he said, is to improve Houston’s flood mitigation infrastructure and quicken the pace of recovery from Hurricane Harvey, which has lagged. The key flood control projects, Turner said, are the construction of new gates on the Lake Houston dam, detention basins in Inwood Forest, the North Canal Bypass channel and an underground detention basin south of the Memorial City area.

Three of the projects have received initial funding through a federal grant program that covers a large share of the cost, with only the underground basin awaiting approval.

More immediately, Turner faces a burgeoning flood control challenge in the General Land Office’s cap on how much Houston and other local governments may draw from a $4.3 billion federal mitigation aid package. Since Harvey, Turner has sparred over the recovery process with Land Commissioner George P. Bush and Gov. Greg Abbott, both of whom wield influence over how the resources are dealt.

Turner said he has no interest in “fighting somebody just to be fighting,” but stressed that he would push for Houston to receive a bigger chunk of the aid.

“I want to work with the governor and I want to work with the GLO, but when it comes to making sure that those dollars benefit people in Houston-Harris County that were impacted by Harvey and can be impacted by another storm, how do you justify a disproportionate amount of those dollars going to some other place?” Turner said. “I don’t think you can make that case.”

[…]

Next term, Turner also said he would look to restructure the fire department by switching from a four-shift to a three-shift work schedule, which is generally viewed as more arduous and is opposed by the firefighters union.

Turner affirmed that such a move would involve lobbying the Legislature to raise the baseline at which firefighters begin accruing overtime pay. Under state law, Houston firefighters begin collecting overtime pay when they work for more than an average of 46.7 weekly hours during a 72-day work cycle. Without the added overtime cost, firefighters in other cities often work 53- or 56-hour weeks, with many operating on a three-shift cycle.

Calling the department’s model “archaic” and “not reflective of the current needs,” the mayor contended that these changes would allow HFD to more efficiently handle calls classified as EMS. Those calls make up more than 80 percent of the incidents handled by the fire department, though the fire union has noted that a far lower share of the department’s “man-hours” are spent responding to EMS calls.

There’s a long list, and we didn’t discuss the plan for HERO 2.0, which will surely use some of that capital as well. If there was ever a time to make changes to how the Fire Department operates, it’s now – the firefighters went all in on beating Turner, and they lost. I foresee a rocky road with Harvey recovery money, because it’s more in Greg Abbott and George P. Bush’s political interests to clash with Turner over how the funds are doled out and managed than it is for them to play nice and get things done. For everything else, political capital has a shelf life. We’ll be talking about the next Mayor’s race before you know it. The more the Mayor can get done next year, the better.

HERO 2.0

I’ve been waiting for this, though in reading this story I’d argue we should wait just a little bit more.

Houston’s two mayoral candidates say they support expanded anti-discrimination protections for the LGBTQ community, but would leave it to voters to pursue a revived version of the measure that was roundly defeated at the ballot box four years ago.

Outside groups, meanwhile, already are readying for a redux of the high-profile and vitriolic fight over the so-called HERO measure.

Mayor Sylvester Turner supported the Houston Equal Rights Ordinance in 2015 but has not advocated for revisiting it during his first term. On Tuesday, he acknowledged that “community-driven efforts are underway” and that he is working with his LGBTQ advisory board to find “opportunities to do more public education,” though he did not say he would advocate for a ballot measure in 2021.

He previously has said that groups need to focus on outreach and grass-roots campaigning.

“It’s important to educate people, because if you put something up, let’s say right now, and it goes down again, it just sets us back,” Turner said in August. “So, let’s educate, let’s continue to work with the LGBTQ Advisory Committee which I put in place, and let’s work with other organizations, and then we can move forward.”

[…]

Harrison Guy, chair of the mayor’s LGBTQ advisory board, said the 2015 defeat forced advocates to overhaul their approach to organizing, particularly in a city as diverse and geographically spread-out as Houston.

“It was a pretty big mountain to climb when we were honest about why HERO wasn’t a success,” he said Tuesday.

Since then, he said, groups have focused on in-person outreach to “soften hearts,” and readied for a potential, 2021 rematch.

“It’s tedious, slow and strategic, which isn’t sexy,” Guy said.

He said he is fine with Turner taking a backseat on the issue.

“The fight cannot belong to one group or one person,” Guy said. “It can’t belong to the mayor. The coalition needs to be really broad and really big.”

[Former Mayor Annise] Parker agreed with the grass-roots tactic, but warned that “if the mayor doesn’t want it to move, it’s not going to move.”

Tony Buzbee was quoted in the story saying he supported a watered-down HERO that would “[prohibit] discrimination by employers and housing providers, but would oppose expanding the measure to apply to places of public accommodation, including public restrooms”. Of course, he has also said that he would support a HERO that included public accommodation, and he has promised Steve Hotze that he would oppose any effort to pass a new HERO, so you can’t believe a word he says.

As I said, I have been waiting for this, I fully support this, and I agree that this is the right approach to trying again. My one hesitation is in putting HERO 2.0 on the 2021 ballot. There are no city elections in 2021, just HISD and HCC Trustee races, and who even knows how much anyone will care about the HISD races at that time. That means that basically all of the turnout for such an election will come from the campaigns for this measure, and we saw what happened with that in 2015. My suggestion would be to wait and have it in 2022, when at least the baseline will be higher, overall more Democratic, and will include more young voters. It’s true that plenty of Democratic voters voted to repeal HERO in 2015, but that’s a problem that the new outreach strategy needs to solve. If that hasn’t been successful then we could hold the vote on a Sunday afternoon in July and it won’t make any difference. Engage with the Democratic base, move the needle with voters who should be on our side since they very much support politicians who support what’s in HERO, and then schedule the election at a time when many of these people would be voting anyway.

(You may ask “why not go all the way turnout-wise and do it in 2020?” One, that may not be enough time for the engagement project to work, and two, the 2020 election is not two full years after the 2018 election, when Prop B passed, so by charter it’s too soon. Right idea, but not feasible under the conditions we have.)

Anyway. I’ll want to know a lot more about the engagement strategy – who the public faces of it are, what the funding model is, what the message will be, etc etc etc – but it’s a step in the right direction. And whether we do this in 2021 or wait till 2022 as I would prefer, there’s no time to lose. Campos has more.

The next bathroom bill

You can see it coming from here.

The Texas House LGBTQ Caucus is counting on Democrats flipping the Republican-held House to keep another possible ‘bathroom bill’ off the table during the 2021 legislative session.

Texas Republicans last week rallied around a child custody case of a Dallas 7-year-old whose mother says is transgender, pledging to intervene against children’s gender transition. Members of the caucus, who fought the controversial “Chick-fil-A bill”, said flipping the House will be key to winning the brewing battle over the care of transgender children.

“The only way we’re going to avoid that is by flipping the House,” Rep. Celia Israel, D-Austin, said at a caucus town hall at the University of Texas LBJ School of Public Affairs. “We are nine seats away from controlling the flow of legislation in the House so that we don’t feed that beast anymore.”

[…]

Rep. Julie Johnson, a freshman Dallas Democrat, said the government has no right to intervene in the “personal decision” for children to transition. The child lives in Johnson’s district.

She agreed that winning the House is the best strategy to combat bills such as the one promised by Rep. Matt Krause to ban puberty blockers for children to transition. Johnson noted that the Fort Worth Republican also authored the “Chick-fil-A bill” banning governments from taking “adverse action” against someone based on affiliation to a religious organization.

LGBTQ advocates say the law, which gained traction after San Antonio’s city council booted Chick-fil-A from its airport for its donations to Christian organizations that oppose expanding LGBTQ rights, gives a license to discriminate.

“He’s going to be filing those bills, so hopefully if Democrats are in charge those bills won’t get a hearing,” Johnson said.

See here for the background. I agree with Reps. Israel and Johnson, and I daresay Republicans also believe that whether a bill targeting trans kids gets a House hearing or not depends very much on which party has a majority. There’s not really anything else to say at this time, so let me encourage you to read this Twitter thread, and reflect on the fact that Greg Abbott et al would consider that man to be an abusive parent.

Abbott and Paxton threaten transgender child

I’m utterly speechless.

Top Texas Republicans have directed the state’s child welfare agency to investigate whether a mother who supports her 7-year-old child’s gender transition is committing “child abuse” — a move that has alarmed an already fearful community of parents of transgender children.

Gov. Greg Abbott declared via tweet Wednesday that two state agencies, the Department of Family and Protective Services and the Texas Attorney General’s Office, are looking into a dispute between divorced North Texas parents who disagree on whether their child should continue the process of transitioning from male to female, a path that could culminate, when the child is years older, in medical interventions.

In a letter Thursday to the state’s child welfare agency, First Assistant Attorney General Jeff Mateer declared that the child — who identifies as a girl, according to testimony from a counselor and pediatrician — is “in immediate and irrevocable danger.”

“We ask that you open an investigation into this matter as soon as possible and act pursuant to your emergency powers to protect the boy in question [from] permanent and potentially irreversible harm by his mother,” Mateer wrote, repeatedly referring to the 7-year-old as a boy. Mateer’s nomination to the federal bench was withdrawn in 2017 after revelations that he had called transgender children part of “Satan’s plan.”

A spokesman for DFPS said the agency’s “review of the allegations is already underway.”

The case’s path to public discourse began with the child’s father, Jeff Younger, whose blog has generated a maelstrom of right-wing outrage, including from U.S. Sen. Ted Cruz, R-Texas, who called the child “a pawn in a left-wing political agenda.” Younger, who also appeared at a rally at the Capitol this spring, does not agree with his ex-wife that his child is transgender. In blog posts, he has claimed his child could face “chemical castration.”

In reality, experts say, the transition process for prepubescent children does not involve medical intervention; instead, it consists of social affirmations like allowing children to wear the clothes they like, employ the names and pronouns they prefer, and paint their nails if they choose. During puberty, a transgender child might, with the consultation of a doctor, begin to take puberty blockers, reversible drugs that can stop puberty and the gender markers that come with it, like a deepening voice, the development of breasts or starting a period. Later on, experts say, transgender young adults might explore the option of surgery.

In a court ruling Thursday that granted the parents joint custody, Dallas Judge Kim Cooks noted that there was never a court order for the child to undergo medical treatment, according to The Dallas Morning News. Indeed, the mother, Anne Georgulas, had requested that Cooks require mutual consent before the child underwent any treatment, the Morning News reported.

So yes, this is Greg Abbott and Ken Paxton and Ted Cruz and the rest getting involved in a marital dispute. Am I the only one who remembers when Republicans claimed to be about getting government out of people’s lives? However true that may have been once, it sure isn’t the case now.

This is nothing short of an authoritarian move by Abbott. The governor appoints the head of the Department of Family and Protective Services. How much faith are you going to have in the outcome of that investigation? Or the investigation by the AG’s office, under Jeff “transgender people are satan’s spawn” Mateer, for that matter? Oh, and I haven’t even mentioned yet that they made the child’s name public, so everyone who agrees with them can force their own opinion on her as well. How lovely.

And all because they disagree with this child’s mother about what the child is allowed to wear, and they had the power to stick their noses in. They won’t stop this child from being transgender, any more than they could stop her from being left-handed or allergic to peanuts. They will cause a lot of damage trying, though. We cannot vote them out of office soon enough.

The Chron on Boykins and Lovell

Time for more profiles of Mayoral candidates. Here’s the Chron piece on Dwight Boykins.

Dwight Boykins

“My goal is to use this position as mayor to let people know that there is hope,” [CM Dwight Boykins] said. “I’m trying to help the least and the last.”

His run was rumored long before he announced it in June after he had broken with Mayor Sylvester Turner, repeatedly criticizing and questioning his one-time ally’s ongoing feud with firefighters over pay parity issues. That outspokenness has won Boykins the union’s backing, and thousands of dollars in donations.

With Election Day less than a month away, Boykins does not pose a serious threat to Turner, who according to a recent poll leads his closest challenger, Houston lawyer Tony Buzbee, by 17 points. Boykins came in at fourth in the 12-person field, with 3.5 percent of the share of likely voters.

His “speak my mind” personality also has brought backlash: In July, he was criticized for telling teenage girls in a group of students at a youth advocacy summit to “keep their legs closed.” Boykins said he had been asked to “speak frankly” about the pitfalls for youth, including teen pregnancy.

In recent debates, though, Boykins’ voice largely has been drowned out as Buzbee, businessman Bill King and Turner increasingly trade barbs.

[…]

As mayor, Boykins wants to divert more money to parks and neighborhood programs, partner with outside groups for after-school tutoring programs, and increase police presence in the neighborhoods.

He also has promised to negotiate a contract between the city and its fire union within the first 60 days of his election, which he said would be financed in part by scrutinizing spending in other departments.

Yeah, I’m sure he’d like to do those things. Good luck figuring out how to pay for them, and as someone who’s been a part of multiple budget votes, I’m sure he knows that one can “scrutinize spending” all one wants, there won’t be any easy or significant savings to be found. Budget math aside, I said a long time ago that I would never support a candidate who opposed HERO, and Dwight Boykins voted against HERO on City Council. There’s not much else for me to say.

Next up is Sue Lovell.

Sue Lovell

Sue Lovell says Mayor Sylvester Turner got her fired by her largest consulting client, but that is not why she is running against him.

“I always wanted to run for mayor,” the former three-term at-large councilwoman said.

Lovell said she nearly ran in 2015, after then-mayor Annise Parker left office, but ultimately decided to pass.

This time around, she made the jump, saying she brings more credible experience at City Hall than any other candidate in the race.

During her six years on council, Lovell, 69, burnished a reputation as a candid and well-versed presence at City Hall, with a knack for gritty details and the bare knuckles to hold her own in a political fight. She forged those skills as an early and formative organizer with the Houston GLBT Political Caucus.

Those City Hall and progressive bona fides, perhaps, could have made Lovell a formidable challenge to Turner’s reelection chances. After a late entry into the race, however, Lovell is fighting for relevance in a contest that also features the 2015 runner-up, a self-funded lawyer spending millions on the campaign and an incumbent council member.

The only independent poll of likely voters last month found Lovell languishing with less than 1 percent of the vote. Her fundraising numbers similarly were dwarfed by the top four hopefuls, which has convinced debate hosts recently to leave her off the stage. She also has failed to garner the support of influential organizations with whom she has ties, including the Houston GLBT Political Caucus she once headed.

I have nothing but respect for Sue Lovell as a Council member, and unlike Boykins she’s on the right side of HERO. I can’t help but feel – and this is true of Boykins as well – that if it weren’t for the ridiculous firefighter pay parity fight, neither of them would be running for Mayor now. I can understand supporting Prop B, even if someone has carefully explained to you that there was no mechanism to pay for it, but that doesn’t mean I want such a person to be Mayor. Again, I’m not sure what else there is to say.

Endorsement watch: Mistakes were made

A swing and a miss.

As a city council member, Mike Knox has not been afraid to clash with Mayor Sylvester Turner.

He voted against a $650,000 contract to boost participation in the 2020 Census, saying he had reservations about the “missions and agendas” of the firm chosen to do outreach.

He was one of six council members to vote against a contract that will pay up to $3 million over five years for musicians to perform live at Bush Intercontinental and Hobby airports — a program strongly endorsed by Turner.

And he was the only council member to cast a “no” vote on Turner’s historic pension reform proposal.

But Knox, 60,a former police officer running for a second-four year term in the At-Large Position 1 seat, is not merely a contrarian. Knox objected to the airport music contract because he thought the money could be better used for airport amenities, such as improved signage. He opposed an ordinance banning smokeless tobacco use by professional baseball players at Minute Maid Park, on the grounds that it violated the 14th Amendment’s equal protection clause.

Knox’s said he voted against Turner’s pension plan because the mayor did not provide a draft copy to review. “Now I’m not in the habit and I will not be in the habit of voting for things that I don’t know what I’m voting on,” he told the editorial board.

The editorial board has tended to agree with the mayor on many of these issues, but what’s important about Knox’s positions is his ability to dispassionately look at policy options and, when he disagrees, to be willing to offer an opposing view anchored by logic. “We make too many decisions based on emotion, situational ethics and also just the desire to make a political statement.”

Yeah, that’s baloney. It’s fine to have principles, as long as they lead you to doing the right thing. Voting against Census outreach, at a time when the state Republican leadership is openly hostile to cities, is in itself disqualifying, and no one who votes against the pension reform plan gets to call themselves “fiscally responsible” or “fiscally conservative”, no matter what the pretext was for the No vote. The Chron rightfully had nice things to say later on about Raj Salhotra, but said he needed “some experience under his belt”. If Mike Knox is what having experience looks like, then “experience” isn’t all that useful, either. No thank you very much.

Anyway. My interview with Raj Salhotra is here, and the July finance reports that include At Large #1 is here; the 30 day reports are on their way, I swear.

That odd decision was then followed up with the even more confounding endorsement of CM Michael Kubosh.

In the last municipal election cycle, this editorial board endorsed Michael Kubosh for City Council At-Large Position 3 with a significant caveat: His opposition to Houston’s equal rights amendment (HERO) and his use of fear-mongering rhetoric gave us pause.

“If HERO were the only issue on the agenda for City Council’s next term,” we wrote in 2015, “Kubosh’s actions would be reason enough to boot him from office.”

As reasons to look past his wrongheaded views on the gay and transgender community, we pointed to the political skills that helped him pass an amendment to the mayor’s budget, his success in getting the funds needed to fish abandoned cars from the city’s bayous in a joint project with Harris County and his knack for constituent services.

Four years later, we are again torn. Kubosh kept his promise to retrieve submerged cars, a project that has removed more than 80 vehicles from Sims and Brays Bayou. He has been spearheading an effort to bring an Astro World-like theme park to Houston, a project that Mayor Sylvester Turner hinted in a recent tweet may be on the horizon. He has advocated for distribution of Harvey relief funds to the victims most in need.

However, in a candidate screening, Kubosh several times expressed opinions that reminded us powerfully of the caveats the board felt when recommending him last time. He said it is wrong to fire someone because they are gay or transgender and cited his hiring of a gay lawyer as proof that he doesn’t hold anti-gay sentiment, yet he also maintained — misleadingly — that the city’s nondiscrimination ordinance would have allowed any man to dress up as a woman and go into a women’s restroom.

“At the very end I couldn’t vote with them to allow a woman’s privacy to be violated not by a transgender person but by a possible predator who learned that Houston will now let you in their restrooms if you dress as a woman,” he told the editorial board. The conflation of transgender women with predators is not only offensive, it has been thoroughly debunked. And to state the obvious: There are already plenty of laws making it a crime for anyone to sneak into a bathroom to harm or harass anyone.

Kubosh, 68, also described Drag Queen Storytime at the Houston Public Library as a showcase for “adult entertainment” that could potentially harm children. That mindset is troubling, especially for a council member who represents all Houstonians — including members of the gay and transgender community.

As one of Kubosh’s challengers, Janaeya Carmouche, rightly pointed out, being a city council member is “not just simply the day-to-day minutiae of the job or the machinations of the job. It is understanding that you have a platform and your voice and your opinion will be amplified.“

They then wistfully conclude that Janaeya Carmouche and Marcel McClinton, like Raj Salhotra, might be Council-worthy some day, but today they are too young and inexperienced, and then finish up by expressing the hope that Kubosh will somehow be a different person over the next four years than he has shown himself to be. Hey, remember when the Chron endorsed Ted Cruz in 2012 on the grounds that they hoped he would stop being Ted Cruz and magically transform into someone who would be more like Kay Bailey Hutchison? I sure do. How’d that work out? I don’t know who’s writing these endorsement editorials these days, but they sure seem to lack the basic experience needed to understand how human nature works.

Look, if the editorial board likes and agrees with Michael Kubosh, then by all means they should endorse him. If they think his accomplishments outweigh the things about him they find offensive and troubling, then endorse him. If they think there’s sufficient value in having him on Council to serve as a check on Mayor Turner, then endorse him. (Just curious here: do they think Kubosh, or Mike Knox for that matter, would serve as a check on Tony Buzbee or Bill King?) But endorsing their fantasy version of Michael Kubosh, especially when they have already demonstrated that trick never works, is delusional and a disservice to the readers.

The MOB’s message to Baylor

I’ve been a member of the Rice MOB since 1988, when I arrived in Houston as a grad student in math. I’m especially proud to have been part of the MOB this weekend.

Rice University’s Marching Owl Band delivered a controversial skit and played pro-LGBTQ song “YMCA” by the Village People as dozens of students and alumni rushed the field with rainbow flags at its football game against Baylor University on Saturday night.

The skit comes as LGBTQ students and alumni fight to be recognized by the private Baptist college in Waco.

Chad Fisher, a spokesman for the Marching Owl Band, also known as “The MOB,” said he and his bandmates decided on a “Star Wars”-themed show months ago, but after learning about Baylor LGBTQ students’ ongoing fight to get recognition for their student group, they decided to incorporate that into their performance.

“Some of us did some more digging and found how deep it went,” Fisher said.

A Baylor spokeswoman confirmed that on Sept. 6, the college’s administration declined to officially recognize and charter Gamma Alpha Upsilon, an LGBTQ-student group on campus that has been fighting to be recognized since its inception in 2011.

The private Baptist university’s refusal to recognize Gamma Alpha Upsilon, or “GAY” in Greek letters, as an official student group has prevented them from receiving certain privileges, including the opportunity to advertise events on campus, reserve university spaces for meetings and receive funding through the student government.

Though Baylor President Linda Livingstone did not issue an official statement about the recent charter denial, the spokeswoman pointed to an Aug. 27 statement from Livingstone. In it, Livingstone said that “Baylor is committed to providing a loving and caring community for all students — including our LGBTQ students.”

But she also referred to the college’s “Human Sexuality” policy, which states that “the university affirms the biblical understanding of sexuality as a gift from God” and that “Christian churches across the ages and around the world have affirmed purity in singleness and fidelity in marriage between a man and a woman as the biblical norm.”

Baylor’s sexual conduct policy, also referenced in Livingstone’s statement, explains that it is “expected that Baylor students will not participate in advocacy groups which promote understandings of sexuality that are contrary to biblical teaching,” including “heterosexual sex outside of marriage and homosexual behavior.”

See here for more on this. You can also see the full script for the show here, and the scoreboard display that accompanied the show here. It’s not just that I believe Baylor is wrong, it’s that I think Baylor, and other “Christian” leaders, politicians, and organizations completely miss the main idea of Jesus Christ’s teachings. It’s very clear, if you actually read what Jesus said over and over again, that Jesus taught we are all God’s children and we are all loved by God. Jesus made a point of associating with lepers and prostitutes, paupers and tax collectors, to emphasize that we are not judged by who we are, we are judged by what we do. In particular, we are judged by our actions towards “the least of these”. (Ever read the parable of the sheep and the goats? Of Lazarus and the rich man? It’s all right there.) It amazes me how often the most prominent “Christians” of our time act like the villains in one of Christ’s parables. But here we are.

The insistence by groups like Gamma Alpha Upsilon and individual LGBTQ people that they too are included in God’s grace also amazes me. I, personally, would take the hate and vitriol that comes from the “Christians” and say fine, I don’t want to be part of your stupid, immoral group, I’ve got plenty of love and acceptance over here. But these folks, so much more than Linda Livinstone and Ken Starr and the rest of that crowd, have taken Jesus’ actual words and teachings to heart. They believe it, they know they’re a part of it, and they won’t give up until everyone else knows that, too. I’m not a particularly religious person, but I find that so moving and inspiring, and I want them to have what they have always deserved. If making dumb Star Wars jokes in a silly halftime show at the expense of the Baylor administration helps them in some infinitesimal way, I’m happy.

Checking in on the Mayor’s race

Remember the Mayor’s race? Yeah, that.

Mayor Sylvester Turner

“The candidates have been running for months but were focused on fundraising and defining their message,” said Nancy Sims, a Houston political analyst. “Labor Day is when people tune into the election.”

The stretch-run of the race follows months of campaigning from Buzbee, a businessman and trial lawyer who announced his candidacy last October. King, also a businessman and lawyer, joined the race in February, then the field expanded in June with the candidacy of District D Councilman Dwight Boykins and, weeks later, former At-Large Councilwoman Sue Lovell.

Seven other lesser-known candidates also are running.

Despite vigorous campaigning from Turner’s opponents, the race has yet to reach its loudest pitch, in part because Turner only has appeared at campaign events without other mayoral candidates. Earlier this week, Buzbee and King criticized the mayor for not yet attending any candidate forums.

A Turner campaign spokesperson said he was not invited to the Wednesday forum or to a prior forum held in June by the Lake Houston Pachyderm Club, which Buzbee and King attended.

Even as the race heats up, mayoral candidates are battling with a bloated field of Democratic presidential candidates for the attention of Houston voters, who typically do not tune into city elections en masse until September.

“I think the challenge for the city candidates this year is that they are greatly overshadowed by the 2020 race,” Sims said. “They are struggling to get the attention they need for people to focus in on the city elections.”

Even without distractions, such as the Sept. 12 Democratic presidential debate in Houston, municipal candidates often struggle to drag voters to the polls: Just 27 percent of registered Houston voters turned out in the 2015 race, the first time since 2003 that turnout was more than 20 percent.

Still, the candidates are entering the critical part of the race with ample resources to draw out voters. Buzbee is self-funding his campaign and as of June 30 had contributed $7.5 million of his personal wealth. He had spent more than $2.3 million at the same point, and recently made a six-figure TV ad buy through the end of September.

“Tony Buzbee is a very unique candidate because of his ability to self-fund, so the normal rules and strategies regarding TV don’t really apply to him, because he effectively has a bottomless wallet,” said Mark Jones, a political science professor at Rice University. “For other candidates who have to keep their powder dry, we’re unlikely to see major media buys until the first or second week of October.”

We’ve discussed this before, but as a reminder what drives turnout in city elections is a high profile referendum on the ballot. Contested Mayoral races are a factor too, but the addition of a referendum is the difference between 2003 (381K votes, Metro light rail referendum) or 2015 (286K votes, HERO repeal) and 2009 (181K, no referendum). Even without a contested Mayor’s race, a sufficiently hot ballot item can bring a lot of voters out – see, for example, 2005 (332K, anti-gay marriage Constitutional amendment). The Metro referendum this year isn’t nearly as controversial as the 2003 one was, and there may not be any astroturf opposition effort to it, but Metro will be pushing voters to the polls as well as the candidates are, and that should boost turnout a bit.

I would also push back against the notion that no one pays much attention to the Mayoral races before Labor Day, and I’d point to the last three open Mayoral elections as evidence. Bill White was running those white-background ads in 2003 early on in the year. Annise Parker, Gene Locke, and Peter Brown were releasing position papers and talking about ideas for traffic, crime, neighborhoods, economic development, and a whole lot of other things well before September. The pension issue, HERO, and the Adrian Garcia will-he-or-won’t-he tease dominated 2015. Maybe it was just the more engaged voters tuning in, but speaking as one of those engaged voters, there was a lot more happening in those past elections than there has been in this one.

Why might that be? Well, let me summarize the campaigns of the main Turner opponents so far.

Bill King: I’m a rich old guy who was once the Mayor of a town with fewer people than most HISD high schools, and I’m not Sylvester Turner.

Tony Buzbee: I’m a rich guy who’s buddies with Rick Perry, and I’m not Sylvester Turner.

Dwight Boykins: I’m not Sylvester Turner, and I supported Prop B.

Sue Lovell: I’m not Sylvester Turner, I supported Prop B, and unlike these other guys I also supported HERO.

I mean, you tell me why the excitement level has been set to “Meh”. I don’t see a whole lot changing from here, and it will be turned up to 11 in the runoff. Welcome to election season, y’all.

By the way, Commissioners Court updated the county’s nondiscrimination and anti-harassment policies

Nice.

The Commissioners Court voted 3-2 along party lines to [add sexual orientation and gender identity to the county’s nondiscrimination and anti-harassment policies].

County Judge Lina Hidalgo, along with Commissioners Rodney Ellis and Adrian Garcia — all Democrats — voted in favor. Republicans Jack Cagle and Steve Radack voted against. Prior to the vote, several LGBTQ advocates spoke in support of the proposal, while only one person — Dave Welch of the Houston Area Pastor Council — spoke against it.

Welch told the court that sexual orientation and gender identity are “undefinable” — and claimed the new nondiscrimination policies would “be used as a bludgeon against those who disagree.”

Commissioner Garcia responded with an emotional story about his late brother, Huberto, who died from AIDS in 1995.

“My brother was gay, and he grew up at a time when if you exhibited any tendency … you got beat up,” Garcia said. “So, here we have an opportunity to simply say, ‘People matter, and that people will be protected.’

“My brother couldn’t come home to die with his family,” Garcia said. “California at the time was the only place he could get healthcare”.

[…]

The new policies would take effect immediately and bring Harris County in line with other major Texas counties, including Bexar (San Antonio), Dallas and Travis (Austin) counties. Harris County is the third-most-populous in the nation and has more than 15,000 employees. The policies would also cover several hundred employees at the Harris County Flood Control District (think: Hurricane Harvey).

This only merited a passing mention in the Chron, which I find disappointing. Note that this policy applies only to Harris County employees; Commissioners Court doesn’t have the authority to do this for the county as a whole. Despite the failure of HERO, the city of Houston has long had a similar non-discrimination policy for its employees, which Mayor Parker updated to include transgender employees back in 2010. Elections have consequences, y’all. Kudos to Judge Hidalgo and Commissioners Ellis and Garcia for getting this done.

A starter agenda for when we have a Democratic state government

I’ve been pondering the recent legislative session, which as we have discussed wasn’t great but also wasn’t nearly as bad as some other recent sessions have been. The qualification for all this is that the key defining factor for our legislative sessions is defense. How well did we do preventing bad bills from becoming law? Oh, there are occasional good bills, on things like criminal justice reform and medical marijuana and the injection of money into public education this session, which should be good until the lack of a funding mechanism becomes an issue. But actually moving the ball forward, on a whole host of items, is a non-starter.

That’s not a surprise, with Republicans in control of all aspects of state government. But Dems picked up 12 seats in the House and two in the Senate, and came close in several statewide races in 2018. There’s a decent chance that Dems can win the House in 2020, and I have to believe we’ll have a stronger candidate for Governor in 2022. The Senate remains a challenge, but after the 2021 redistricting happens, who knows what the landscape may look like. Dems need to aim for the House in 2020, and have a goal of winning statewide in 2022. It won’t be easy, and the national landscape is a huge variable, but we know we’re moving in the right direction, and if not now then when?

And if these are our goals, and we believe we have a reasonable chance at achieving them, then we need to talk about what we want to accomplish with them. It’s a cliche that our legislature is designed to kill bills and not to pass them, but having a unified, overarching agenda – which, let’s not forget, can get a boost by being declared “emergency items” by the Governor – can help overcome that.

So towards that end, I hereby propose a starting point for such an agenda. Moving the ball forward is the ultimate aim, but I believe we have to first move the ball back to where it was before Republicans assumed full control of the government in 2003 in order to really do that. That’s the idea behind this list, which I want to stress is a starting point and very much open to discussion. There are a lot of things a Democratic government will need to do, from health care to voting rights to equality to the environment to climate change and so much more, but we can’t overlook fixing the bad things first.

My list, therefore, covers bills passed since 2003 when Republicans took over. I am skipping over constitutional amendments like the 2003 tort “reform” item, because they will require a supermajority to pass, which we surely will not have. I’m aiming for simplicity, in that these are easy to understand and rally around, and for impact. So without further ado, here are my ideas:

1. Repeal voter ID.
2. Repeal “sanctuary cities”.
3. Repeal anti-Planned Parenthood legislation, from prohibitions on PP receiving Medicaid to this session’s ban on cities partnering with PP on anything, and restore the previously used Women’s Health Program.

Like I said, simple and straightforward, with a lot of impact. The first two are obvious and should have unanimous Democratic support. The third is more of a challenge because even with a Democratic majority in the Senate, we won’t necessarily have a pro-choice majority. Eddie Lucio, and to a somewhat lesser degree Judith Zaffirini, are both opponents of reproductive rights, though Zaffirini is more nuanced than Lucio and ought to be gettable on this kind of bill via an appeal to health care access.

As I said, this is a starting point. There are things I have deliberately left off this list, though I am not by any means discounting or overlooking them. The “Save Chick-fil-A” bill from this session, whose real life effect is not yet known, needs to go but might be better handled as part of a statewide non-discrimination law. (Also, too, there’s the Eddie Lucio problem in the Senate.) Campus carry and open carry are terrible laws, but might be better handled via comprehensive gun control legislation. Tuition deregulation, a big cause of skyrocketing college costs at public universities, which was passed in 2003 as one of many cut-the-budget effort over the years, will be a more complex issue that may require time to study before a consensus solution can be brought forward. All these things and more need to be on the agenda, but some things are more involved than others.

Again, this is a starting point. I make no claim that this is a be-all or end-all. Hell, I make no claim that I’m not forgetting anything equally simple and substantive. I welcome all constructive feedback. Ultimately, what I want out of this is for Dems to recognize the need to decide what our priorities are before we get handed the power to affect them, and to make it part of the case we will be making to the voters to give us that power. I believe having some uniformity to our message will help us. Now it’s up to us to figure out what that message needs to be.

Looks like Boykins is in for Mayor

This had been rumored for some time.

CM Dwight Boykins

Houston City Councilman Dwight Boykins has filed paperwork indicating he will run for mayor, setting up a clash with incumbent Sylvester Turner and at least two other major candidates.

Boykins filed a report Tuesday afternoon with the city secretary designating a campaign treasurer, a necessary step to raise funds.

He listed former Houston mayor Lee P. Brown as his campaign treasurer.

Boykins, who represents District D, has signaled for months that he was considering a mayoral bid; he had said he would decide by June whether to run for mayor or seek re-election to his council seat.

On Saturday, a website surfaced at the domain name dwightboykinsformayor.com that included a page allowing visitors to register for an announcement event. The site later was taken down.

Though once a political ally of Turner, Boykins has become increasingly combative with the mayor amid the city’s ongoing labor dispute with the Houston Professional Fire Fighters Association.

Miya Shay has a photo of the paperwork on Twitter. I have three things to add at this time.

1. Nothing is final until the filing deadline passes. At this point in time in 2003, Michael Berry was a candidate for Mayor. He subsequently went back to running for Council. It seems quite likely Boykins will run at this point, but there’s still plenty of time for him to change his mind.

2. I’m kind of hard pressed to come up with an idea for what the Boykins for Mayor campaign will be about, other than “I promise to be nicer to the firefighters”. Which is fine, people can certainly think they deserve better than what they’ve gotten, but Prop B is now dead (pending appeal), and Boykins’ proposal to pay for it, which would have cost most homeowners something like $200 to $300 per year, maybe wouldn’t be all that popular. Some people like to talk about how Prop B passed with almost sixty percent of the vote. I wonder how it would have done if it had come with that price tag prominently displayed on it.

3. I know there are Democrats out there who are disappointed in Mayor Turner and who think he isn’t progressive enough. I would just like to remind them – and everyone else – that back in May of 2014 when City Council voted on HERO, Dwight Boykins voted “No”. He still refused to support HERO a year later when Council had to put the HERO repeal proposal on the ballot. I for one cannot and will not vote for anyone who didn’t support HERO. You do you, but that’s a deal breaker for me.

Undead “religious liberty” bill passes House

This is why people caution that no bill is truly dead at the Lege until sine die.

Over the tearful opposition of the Legislature’s first-ever LGBTQ Caucus and several failed attempts at a procedural block, the Texas House passed a religious liberty bill Monday that LGBTQ advocates fear would license discrimination against their communities.

When the lower chamber first considered the bill just over a week ago, the LGBTQ Caucus torpedoed it with a procedural move. This time, an attempt to do the same failed, as did emotional exhortations from the five women who make up the caucus.

After two hours of debate, Senate Bill 1978 — which prohibits government entities from punishing individuals or organizations for their “membership in, affiliation with, or contribution … to a religious organization” — passed on a nearly party-line preliminary vote, 79-62. If the House grants formal approval and the Senate agrees to a change made on the lower chamber’s floor Monday, the bill will head to the governor.

“This bill is going to pass; let’s face it,” state Rep. Celia Israel, D-Austin, said from the front of the chamber minutes before her colleagues cast their votes. “It’s been cloaked in religious freedom, but the genesis, the nexus of this bill, is in hatred.”

When the bill was first filed, it contained sweeping religious refusals language that had the potential to gut the few existing protections for gay communities, hailing from a national sweep of anti-LGBTQ model legislation. As it’s made its way through the Legislature, the bill has been progressively stripped of its most controversial provisions, leaving a version that largely codifies existing legal protections: freedom of religion and freedom of association.

On Monday, House sponsor Rep. Matt Krause, R-Fort Worth, weakened the measure further, removing a provision that would have empowered the Texas attorney general to bring lawsuits against governmental entities accused of religious discrimination.

Krause said removing the provision was a show of “good faith,” as it had proved a “big sticking point” with opponents of the bill. Given the changes he described as efforts to compromise, Krause said he was surprised at the level of opposition to the measure.

“Look at the language in this bill,” Krause said. “There is nothing discriminatory in the language. … There is nothing discriminatory in the intent.”

But despite the revisions, the bill “perpetuates the rhetoric that leads to discrimination, to hate and ultimately bullying that leads to the consequence of people dying,” said state Rep. Mary González, D-Clint, who chairs the LGBTQ Caucus.

[…]

Proponents have said it is necessary to reaffirm protections based on religion, citing incidents like the San Antonio City Council’s decision earlier this year to prohibit Chick-fil-A from opening in the city’s airport, with one council member citing the franchise’s “anti-LGBTQ behavior.” Some supporters of the bill labeled it the “Save Chick-fil-A Bill.” Krause said no business should be discriminated against based on its donations to religious organizations.

See here and here for the background. I have three things to say.

1. In any dispute between a class of people who have been historically discriminated against and are still today discriminated against and a class of people who have not been historically discriminated against over whether or not a particular thing promotes discrimination, I’m going to tend to take the word of the class of people who have been discriminated against, as they have a much clearer perspective on what it means to be discriminated against. You would think this would be common sense, but you would be greatly disappointed if you did.

2. What does it say about our state, and the political party that runs our state, that we will gladly pass a bill to protect a multimillion dollar business from being discriminated against, but we refuse to even consider passing a bill to protect a large class of people who have been historically discriminated against from being discriminated against?

3. Just a reminder that Westboro Baptist Church and the World Church of the Creator both count as “religious organizations”.

I’ll say it again, the solution here is a political one. The legislators who voted for this bill need to be voted out and replaced by people who would vote against anything like it. Our next chance to do that is in 2020. The Chron has more.

Sometimes, bad bills do die

The calendar giveth, and the calendar taketh away.

One of the the biggest priorities for Texas Republicans this session appears to be on the verge of legislative death. A series of bills that would broadly prohibit local governments from regulating employee benefits in the private sector died quietly in the House this week.

The business lobby has long been used to getting what it wants from the Republican-controlled Legislature, but now it’s waving the white flag. “It is dead. … The discussion got completely derailed,” lamented Annie Spilman, lobbyist for the Texas chapter of the National Federation of Independent Business, in an interview with the Observer. The group is one of the lead advocates for the preemption bills. “They really haven’t left us with any hope at all.”

Senate Bill 15 started as a straightforward measure to stomp out a broad swath of emerging local labor policies, like mandatory paid sick leave, in cities including Austin, San Antonio and Dallas. But it ended in the political gutter after Lieutenant Governor Dan Patrick insisted on removing language that explicitly protected local nondiscrimination ordinances (NDOs) for LGBTQ Texans in several cities. Patrick’s move was reportedly made at the behest of Texas Values, the state’s leading social conservative pressure group.

With the high-profile failure of Patrick’s 2017 bathroom bill and now the fight over NDOs, Texas businesses are growing increasingly furious that the lieutenant governor appears unable to stop poisoning their political agenda with right-wing social warfare.

Spilman said she sees it as another example of Patrick putting the priorities of the religious right before businesses. “I don’t think the lieutenant governor has listened to the business community in quite a while,” she said. “Our No. 1 priority was this preemption legislation to stop cities from overreaching, and despite our efforts to compromise with everyone involved, at the end of the day we were ignored and set aside.”

[…]

The House calendars committee finalized the House’s remaining floor agenda Sunday evening, meaning anything that wasn’t placed on the calendar is all but certain to be dead. The preemption bills were not on the list.

It’s suspected that part of the reason the bills died is that Patrick refused to consider any sort of NDO protection language in a compromise bill, according to conversations with multiple sources. Patrick’s office did not respond to requests for comment.

“I think the lieutenant governor was holding a firm line against that,” state Representative Eddie Rodriguez, D-Austin, told the Observer. But Rodriguez also attributes the preemption bills’ procedural defeat to Democrats’ willingness to hold together. “One of the calculations was about is the juice worth the squeeze. What would happen on the floor? We Democrats were holding a firm line of opposition … and [willing to] do whatever to kill them.”

See here, here, and here for some background. The NFIB can go pound sand as far as I’m concerned; they’re a bunch of ideologues who deserve to taste some bitter defeat. The best thing they can do for the state of Texas is get into a fanatical pissing contest with Dan Patrick. They’re now lobbying Greg Abbott for a special session, which is something I’m a little worried about anyway, if some other Republican priorities like the vote suppression bill don’t get passes. I can’t control that, so I’m just going to enjoy this moment, and you should too.

Undead “religious liberty” bill passes Senate

Ladies and gentlemen, I give you Scott Braddock:

Here’s the story.

Over the fierce opposition of Democrats, the Texas Senate on Wednesday advanced a significantly watered-down version of a religious liberty bill whose original form some LGBTQ advocates labeled the most discriminatory piece of legislation filed this session.

The bill requires one more vote from the Senate before it can return to the Texas House, whose LGBTQ Caucus killed a nearly-identical proposal on a procedural motion last week. But the House is likely to advance the measure if given a second pass, at least according to the lower chamber’s leadership.

As filed, Sen. Bryan Hughes’ Senate Bill 1978 contained sweeping religious refusals language that brought LGBTQ rights advocates out against it in force. Proponents, for their part, have labeled the Mineola Republican’s proposal the “Save Chick-fil-A Bill,” in reference to a provision that would empower the Texas attorney general to sue San Antonio for excluding the Christian-owned chicken franchise from its airport.

Senate Democrats used every means they had — long lines of questioning, a slew of proposed amendments and a procedural point of order — to fight the bill, or at least tweak it as it was debated. But ultimately, after three hours of discussion, the measure passed on a 19-12 vote, with Brownsville Democrat Eddie Lucio Jr. voting for it and Amarillo Republican Kel Seliger voting against it.

Still, the messy floor fight many advocates feared would load up the bill with discriminatory amendments did not materialize.

The original version of Hughes’ proposal prevented government retaliation against an individual based on that “person’s belief or action in accordance with the person’s sincerely held religious belief or moral conviction, including beliefs or convictions regarding marriage” — language advocates feared would embolden businesses to discriminate against gay Texans. The revision, which Hughes made on the floor, outlaws government retaliation against someone based on their association with or support of a religious organization. That revised language is largely duplicative of existing protections for freedom of religion and freedom of association.

But advocates — pointing to the bill’s origins, and to its roots as model legislation from anti-gay efforts across the nation — adamantly opposed the bill, lobbying lawmakers to do so as well. Samantha Smoot, interim director of the advocacy group Equality Texas, said this week the measure is “part of an insidious, coordinated strategy to advance anti-LGBTQ messages and discriminatory public policies.”

[…]

As senators slogged through the debate, one recurring theme from Democratic opposition was: Why spend time on a controversial measure when there are so many other priorities to complete? And, some added, if the bill is largely just a codification of existing protections, why bring it forward at all?

“Can you identify the shortcomings of the Constitution in protecting religious freedom?” asked Sen. Carol Alvarado, D-Houston.

“This is covered under the First Amendment, so I’m not sure what your angle is,” she added, after reading from it.

Responding to such questions, Hughes called the measure an important “vehicle for protecting those First Amendment rights.”

That vehicle could come in the form of a lawsuit from the Texas attorney general, who under Hughes’ legislation would be empowered to sue governmental entities accused of discriminating based on religious affiliations. One likely candidate for such a lawsuit is the fast food franchise Chick-fil-A, which was recently blocked from opening a restaurant in the San Antonio Airport after a member of the city council said he could not support a company with “a legacy of anti-LGBTQ behavior.”

See here for the background. Lord knows, if there’s one thing we need, it’s an excuse for Ken Paxton to launch another religion-fueled legal crusade. The main thing to keep an eye on here is the clock, as time is running down for this to be approved by the House. Call your State Rep and urge them to oppose SB1978. Every little bit will help.

(Also, too: How long has it been since I’ve wondered when the hell we’ll finally rid ourselves of Sen. Eddie Lucio? Because holy cow, he sucks.)

“What is dead may never die”, bad bills edition

That nasty anti-LGBT bill that was killed in the House has been revived in the Senate.

After LGBTQ lawmakers in the Texas House killed a religious liberty bill they feared could be dangerous to their community, the Texas Senate has brought it back — and looks to be fast-tracking it.

House Bill 3172, by state Rep. Matt Krause, R-Fort Worth, effectively died on Thursday after members of the lower chamber’s first-ever LGBTQ Caucus torpedoed it with a pair of procedural ploys. On Monday, a companion bill filed in the Senate by Sen. Bryan Hughes, R-Mineola, moved for the first time in weeks: After being unexpectedly added to an afternoon committee docket, it was swiftly voted out of the panel on a party-line vote.

Within the hour, the bill was placed on the Senate’s agenda, making it eligible for a vote later this week.

As filed, the Senate bill prevents the government from taking “adverse action” against individuals for acting in accordance with their own “sincerely held religious belief or moral conviction, including beliefs or convictions regarding marriage.” Advocates fear that would embolden businesses to decline service to members of the LGBTQ community.

[…]

Five Republicans on the committee voted for the bill and Sen. Judith Zaffirini, D-Laredo, voted against it.

If the bill is to proceed, it will have to maintain its current blistering pace: Next Tuesday is the deadline for the House to approve Senate bills. Before it reaches the House floor, the measure would need to win approval from the full Senate, be referred by the House speaker to a committee, get scheduled for a hearing and earn a positive vote from a House committee.

Advocates have long feared that floor debate on the bill in the socially conservative Texas Senate could result in a slew of anti-LGBTQ amendments. In a one-page handout issued to Texas House members last week in anticipation of floor debate, the advocacy group Equality Texas warned that if the measure came up for debate, it could spark a “‘bathroom bill’ style floor fight.”

The Texas Senate has already passed a different religious refusals bill. Senate Bill 17, which advocates call a “license to discriminate,” would allow occupational license holders like social workers or lawyers to cite “sincerely held religious beliefs” when their licenses are at risk due to professional behavior or speech. Advocates say the Hughes bill moving this week — at least in its original form — contains all that language and more troubling provisions.

See here for the background. The Hughes bill is SB1978. The House bill had been amended to water it down somewhat; the Hughes bill is what that bill was originally, but Sen. Hughes says he wants to amend it in the same fashion. Even if that made the bill all right, the concern as noted in the story is that amendments proposed by individual legislators could wind up making it much worse, which is why the best course of action is for it to not come to a vote. The good news there is that time is short, but you can be sure Dan Patrick will do his best to move it along. Now is a good time to call your Senator and let them know they need to oppose SB1978. The DMN has more.

Score one for the Texas House LGBTQ Caucus

Nice.

Rep. Julie Johnson

Hours before a key deadline, Rep. Julie Johnson used a legislative maneuver known as a “point of order” to bump [a bill that LGBT rights advocates said would have perpetuated anti-gay discrimination] from the debate calendar. It’s now effectively dead, unless conservative lawmakers can find a way to resurrect it before a critical legislative deadline at midnight Thursday.

Johnson, D-Carrollton, said it was “an honor to be fighting this fight” and torpedo what she called “a very hurtful piece of legislation.”

“Hopefully this is the day discrimination against the LGBT community dies in the Texas House,” Johnson said. “I feel great. …I’m going to go celebrate.”

House Bill 3172 has alternately been called the “Save Chick-fil-A” and “most extreme anti-LGBT” legislation this year. Authored by Fort Worth GOP Rep. Matt Krause, it would have prohibited the government from taking any “adverse action” against someone for their “membership in, affiliation with, or contribution, donation or other support” to a religious organization.

The bill’s supporters said it would have helped avoid the situation faced by fast food chain Chick-fil-A, which was boycotted and booted from San Antonio’s airport for making donations to Christian organizations that oppose expanded LGBT rights. But lesbian, gay, bisexual and transgender advocates said the legislation would have given Texans a license to discriminate against people based on their gender identity or sexual orientation.

[…]

Johnson said she and her colleagues in the newly-formed Texas House LGBTQ Caucus worked hard to formulate different ways to kill the bill once they realized it had a good chance of being debated by Thursday, the deadline for representatives to pass House bills and resolutions.

First, she offered a point of order arguing the amended bill improperly expanded its scope. That was shot down. Then, Johnson said an analysis of the bill’s effects was inaccurate. That point of order was valid, parliamentarians said, as a handful of lawmakers cheered the bill’s demise.

Johnson said while she brought the successful point of order, killing the bill was a “group effort.”

“It was an honor to be chosen to be the messenger,” Johnson said. “The LGBTQ Caucus is in the House. We’re getting things done and we’re here to stay.”

This bill was high on the list of threats to the LGBTQ community. Killing it would be a big win. Nothing is truly dead until sine die, and bill author Rep. Matt Krause has said he will try to get this attached to something in the Senate, but knocking it off the calendar is a big help. Well done, y’all. The Trib has more.

One anti-worker bill made slightly less bad

It’s still a bad bill, just not maximally bad.

Sen. Brandon Creighton

Republicans’ legislative efforts to ban cities from mandating benefits for employers’ workers took another twist late Wednesday night after a Texas House committee added protections for LGBTQ workers that the state Senate had removed from previous legislation.

Senate Bill 2486, which the House State Affairs Committee advanced Wednesday in a 10-2 vote, is part of a larger package of legislation state Sen. Brandon Creighton filed to limit the ability of cities to regulate private companies’ employment policies.

After hearing roughly eight hours of testimony Wednesday, state Rep. Dade Phelan, R-Beaumont, advanced a reworked version of the bill — adding the language explicitly protecting local nondiscrimination ordinances to the measure, which would bar cities from enacting rules on how businesses schedule their employees’ shifts.

The move comes after several legal experts and LGBTQ advocates raised alarm bells that without the language in place, the potential new state law could undermine the enforceability of local anti-discrimination ordinances. They fear it would allow businesses to selectively pick and choose which of its employees are eligible to receive benefits that go beyond monetary compensation.

Phelan later told The Texas Tribune he chose to reintroduce the nondiscrimination protection language into the bill to help ensure local ordinances — already in place in six major Texas cities — aren’t gutted should the measure become law. And he told Tribune CEO Evan Smith in a podcast interview that he’s “done talking about bashing on the gay community” and didn’t want to push legislation that could be used as a vehicle for discrimination.

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

Many business groups told lawmakers they support the nondiscrimination language being added, when asked pointedly throughout the night by state Rep. Richard Peña Raymond, D-Laredo.

A spokeswoman for Creighton, a Conroe Republican, said early Thursday the senator was not immediately available for comment on the House’s change to his bill, which came shortly before midnight. But the senator has previously maintained that none of the bills would threaten non-discrimination provisions. Other legal opinions, including one from Texas Attorney General’s Office, have backed up Creighton’s claim.

Aside from SB 2486, the remaining three bills in Creighton’s splintered package of legislation would prevent local governments from mandating paid sick leave, regulate certain benefits practices and preempt local rules that disallow employers from asking about an applicant’s criminal history.

The House committee did not act on Creighton’s other three measures Wednesday evening. Phelan told the Tribune the panel would need more time to deliberate over the three bills, and some legal experts say the lower chamber will still need to add the nondiscrimination language to two of the senators’ remaining bills in order to ease advocacy groups’ concerns.

“The best thing they could do at this point is add the language back to all of those bills and make sure the language is the same,” said Anthony Kreis, a visiting assistant professor at Chicago-Kent College of Law.

See here, here, and here for some background. Putting the NDO protection back into this bill, and presumably the others, is better, in the way that a blunt stick in the eye is better than a sharp stick in the eye. Of course, the Senate can reject the House’s change, which would send the bills to a conference committee where anything can happen. All this in service of bills that will make the state worse for workers, for no real gain. Oh, and there are still other bills out there that can serve as vehicles to attack non-discrimination ordinances. You can never rest till sine die. The Observer has more.

Three reasons our State Senate still sucks

One:

The Texas Senate approved in a preliminary vote Monday its first major anti-abortion bill of the session — a measure that would prohibit state and local governments from partnering with agencies that perform abortions, even if they contract for services not related to the procedure.

“I think taxpayers’ dollars should not be used for abortion facilities or their affiliates,” said state Sen. Donna Campbell, who authored the legislation.

Senate Bill 22 passed in the initial vote 20 to 11 with Democratic state Sen. Eddie Lucio of Brownsville bucking his party to support the bill. Lucio is the author of another anti-abortion bill, which would ensure abortion providers physically hand a controversial pamphlet detailing alternatives to abortion to women seeking the procedure. (In a final vote Tuesday, the Senate passed the bill 20 to 11, with Lucio again supporting the measure.)

Anti-abortion advocates support the measure in part because it would terminate “sweetheart rent deals,” which is just one of the ways local governments partner with abortion providers. Campbell, a New Braunfels Republican, has singled out one key target during the bill’s hearing: Planned Parenthood’s $1-per-year rental agreement with the city of Austin.

[…]

Meanwhile, abortion rights advocates rail against the bill as an attack on local control. The bill would “tie the hands of cities and counties,” according to Yvonne Gutierrez, executive director for Planned Parenthood Texas Votes. She also worried that the language of SB 22, which would limit “transactions” between the government and abortion providers, is too broad and would target more than just the downtown Austin rental deal.

Seems to me the taxpayers of Austin are perfectly capable of handling this for themselves, but by now we are well aware of the contempt in which legislative Republicans hold cities.

Two:

After emotional testimony, a forceful show of opposition from leaders in the state’s business community and more than an hour of floor debate, the Texas Senate on Tuesday gave preliminary approval to a sweeping religious refusals bill, a priority proposal for Lt. Gov. Dan Patrick that LGTBQ advocates have called a “license to discriminate.”

The measure, Lubbock Republican Charles Perry’s Senate Bill 17, would allow occupational license holders like social workers or lawyers to cite “sincerely held religious beliefs” when their licenses are at risk due to professional behavior or speech. It would also prevent licensing boards from enacting regulations that burden “an applicant’s or license holder’s free exercise of religion.” The bill does not protect police officers, first responders or doctors who refuse to provide life-saving care.

After a heated debate, the measure passed on a 19–12 initial vote, with one Democrat, Sen. Eddie Lucio, voting for it, and one Republican, Sen. Kel Seliger, voting against. It requires one more vote in the Senate before it can be sent to the Texas House for debate.

Perry said the bill provides a defense for licensed professionals who find themselves before credentialing boards based on conduct or speech motivated by their “sincerely held religious beliefs” — a pre-emptive protection for religious employees at a time when, he claimed, religion is under attack.

But LGBTQ advocates and Democrats have criticized the bill as an attempt to give cover to those who would deny critical services to members of the LGBTQ community. Last week, leaders from major businesses like Amazon, Facebook and Google, as well as tourism officials from some of the state’s biggest cities, came out in force against the bill. Discriminating against LGBTQ communities is bad for business, they said.

See here for some background. Of course this targets the LGBT community – that’s one of the modern Republican Party’s reasons for being. Well, them and the getting-rarer-but-not-extinct-yet travesty like Eddie Lucio. Good Lord, that man needs to go. More from the Observer.

And three, not a story but a resolution: “Declaring the crisis at the Texas -Mexico International Border an emergency and requesting congress to adopt a budget that fully funds all means necessary to fully secure the Texas-Mexico international border.” Well, guys, be careful what you wish for.

UPDATE: Here’s the Trib story about the “border crisis” resolution. It was exactly as big a waste of time as it sounds.

Getting the band back together

I feel like they were a little slow getting off the bench, but the business lobby is back warning about anti-equality bills lurking in the Lege, mostly but not entirely in the Senate.

In the spring of 2015, 80 companies and business groups banded together to create Texas Competes, a coalition with something of a novel mission: It would make the “economic case for equality,” fighting discriminatory proposals and convincing the state’s business-friendly leaders that doing what they considered the right thing for LGBTQ Texans was also the smart play economically.

This year, the group’s membership has swelled above 1,400 organizations and counts among its ranks dozens of Fortune 500 companies, including Amazon, Google and Facebook.

The group and its allies are now flexing that muscle to combat legislative proposals the business leaders consider threats to their economic success due to the disparate impacts they would have on Texas’ LGBTQ communities.

That opposition infrastructure was on full display Wednesday afternoon as a slate of business leaders, including representatives of Texas’ burgeoning tech industry and tourism officials from some of the state’s biggest cities, detailed their opposition to two priority Senate bills at a Capitol press conference that came alongside an open letter to state leaders.

Perhaps the group’s biggest success was the failure last session of a “bathroom bill” that would have restricted transgender Texans’ access to certain public facilities. This year, many groups have argued, proposals that may have seemed more innocuous at first blush would create “a bathroom bill 2.0” situation.

“It’s always been about more than bathrooms because a welcoming, inclusive Texas is a 21st century economic imperative,” said David Edmonson, Texas director for TechNet, a coalition of tech companies committed to inclusivity.

At issue this week are two bills that have been tagged as priorities for the lieutenant governor. One, Republican Sen. Brandon Creighton’s Senate Bill 15, was at its start a relatively uncontroversial measure aimed at gutting mandatory paid sick leave ordinances in cities like Austin and San Antonio. But the bill was rewritten before it passed out of committee, and protections for local nondiscrimination ordinances were stripped out. Although the new version of the bill doesn’t explicitly target LGBTQ Texans, advocacy groups immediately raised alarm bells about the shift.

The other bill, Republican Sen. Charles Perry’s Senate Bill 17, would protect professional license holders from losing their licenses for conduct or speech they say was motivated by “sincerely held religious beliefs.” Advocates and business leaders say the bill would grant huge swaths of Texas employees a “license to discriminate” against LGBTQ communities.

The authors of both bills insist that they are not discriminatory measures, and Republican Lt. Gov. Dan Patrick has defended them as well. Both have advanced out of Senate committees, but neither has come to the floor for a vote.

See here for some background, and here for more on SB17 passing out of committee. I will note here that we were assured all through the 2017 session that the bathroom bill was in no possible way discriminatory against anyone, so I see no reason to take the assurances that these bills are not discriminatory with any seriousness. The one sure path to not passing discriminatory laws is to not pass laws that people who have historically been discriminated against say will be discriminatory to them.

After last session’s months-long slog to prevent any version of a bathroom bill from being passed into law, business leaders have kept in close touch with one another — and kept a close eye on the bills they consider discriminatory. That broad coalition grew in January 2017 with the formation of Texas Welcomes All, a group including tourism officials and visitors bureaus that came together with the explicit goal of opposing the bathroom bill as the Legislature geared up for a fight over the issue that would span several months.

After having its mettle tested in 2017, that vast network can mobilize quickly, as it did this week after Perry’s religious refusal bill passed out of committee.

“We’re better prepared than in 2015, when it was really uncharted territory,” said Jessica Shortall, the managing director of Texas Competes. “There wasn’t really a playbook for business and figuring out how to get engaged. Getting through 2017, where this was a steady drumbeat, there was an increasing sense of urgency. It helped us all figure out what that playbook should look like.”

This year, she added, “we’ve been briefing our members for a year and a half on the likelihood that this kind of religious exemption or religious refusal bill could be a focus.” After a “confluence of factors,” the group decided this week was time to organize a public statement and release an open letter to state leaders.

You can see a copy of that letter here. I said this often in 2017 during the height of pottymania, and I’ll say it again now: Business interests that care about a healthy, welcoming, non-discriminatory environment for the workers they want to attract and retain need to think long and hard about who they support politically. It’s not like the officeholders who file and vote for these bills came out of nowhere. They’re quite clear about what they do. It’s on all of us to listen and believe them. The DMN, which lists other problematic bills, has more.

UPDATE: Some further shenanigans to watch out for.

World’s worst pastors drop Austin equal rights lawsuit

Good.

A conservative Christian organization has dropped a federal lawsuitthat sought to overturn an Austin anti-discrimination ordinance that offers employment protection based on sexual orientation and gender identity.

Dave Welch, head of the Houston-based U.S. Pastor Council, said the decision was based on the advice of the group’s lawyer but might not be the last word on the matter.

“Our position has not changed. We’re just going to revisit how we approach the suit, and we’re hoping there’s still a possibility at some point of refiling it,” Welch said.

The council’s lawsuit, filed in October, argued that Austin’s ordinance is unconstitutional and invalid because it does not include a religious exemption for 25 member churches in Austin that refuse to hire gay or transgender people as employees or clergy.

Austin asked U.S. District Judge Robert Pitman of Austin to dismiss the lawsuit last month, arguing that the city ordinance does not apply to a church’s hiring of clergy and that no church expressed a problem with the city’s employment protections.

In addition, the city argued, the lawsuit failed to list the 25 member churches or show how any of them had been harmed by the anti-discrimination protections.

“There is no allegation the ordinance has been enforced, or is about to be enforced, against any of the unnamed Austin churches, and no allegation that any of them have in fact been restricted in their hiring decisions,” the motion to dismiss stated.

See here for the background. Makes you wonder why their lawyers didn’t give them this advice before they wasted their time and money on the lawsuit, but whatever. Rational explanations don’t mean much to these guys. Dropping this lawsuit doesn’t mean these idiots are giving up, of course. As the story notes, there are various anti-equality bills in the Lege that would accomplish their goals. One is HB1035, which would provide a “freedom of conscious” exemption for religious organizations so they could discriminate in hiring or whatever else as they saw fit. That bill’s author is Rep. Bill Zedler, who by the way is also one of the leading anti-vaxxers in the Lege. Beating him in 2020 – he had a close win in 2018 – would go a long way towards making the Lege a better place.

Some business opposition to SB15

It’s a start.

A coalition of business groups and convention and tourism leaders, which includes ASAE, is expressing concern that a pending bill in the Texas Legislature could weaken protections for the state’s LGBTQ workers.

ASAE is joining a coalition of business and tourism groups in voicing concern that a pending bill in the Texas Legislature would weaken protections for LGBTQ workers in the state.

“ASAE is opposed to legislation that would harm Texas’s reputation as a welcoming state. Any legislation that would weaken protections for LGBTQ workers would have severe economic consequences in the form of lost jobs, investments and event bookings throughout the state,” said ASAE President and CEO John H. Graham IV, FASAE, CAE, in a statement to Associations Now. “ASAE is committed to working with our members and meetings industry partners in Texas to address legislators’ concerns while keeping Texas open and accessible for all.”

At issue is a proposed bill (Senate Bill 15) that would prohibit cities from requiring private companies to offer paid sick leave to their employees. The bill was supported by a lot of businesses until a recent rewrite of the bill stripped language that explicitly said the proposed state law would not supersede local nondiscrimination ordinances.

Unlike 21 other states and the District of Columbia, Texas employment discrimination laws don’t explicitly protect LGBTQ workers. But six major Texas cities—Austin, Dallas, El Paso, Fort Worth, Plano and San Antonio—have their own nondiscrimination protections in place. LGBTQ advocates are concerned that SB15 could subject some Texans to discriminatory employment practices.

In case you’re wondering, ASAE is the American Society of Association Executives. I’m glad to have them in the fray, but the dynamics of this are very different than they were in 2017. For one thing, the Texas Association of Business supports SB15, since they would love to see things like local sick leave ordinances banned. They have not expressed any concerns about the anti-equality potential of SB15, and who knows, maybe they’re right. They’ve got access to plenty of fancy lawyers who can tell them what the bill is likely to do and not to. That’s not the same as assessing the risk that the State Supreme Court will buy the argument of a couple of Dave Welch minions who sue to overturn every anti-discrimination ordinance in the state, however. Seems to me there’s a simple way to make SB15 merely anti-worker and anti-local control, instead of those things and anti-equality, too. I don’t know why the TAB wouldn’t want to play it safe.

Is the anti-sick leave bill also anti-equality?

Could be. Whose word do you take for it?

Sen. Brandon Creighton

What started as seemingly simple state legislation hailed as good for Texas businesses is drawing skepticism from legal experts and outrage from advocates worried it would strike employment protections and benefits for LGBTQ workers.

As originally filed, Senate Bill 15 by state Sen. Brandon Creighton, R-Conroe, would have prohibited cities from requiring that private companies offer paid sick leave and other benefits to their employees. It also created a statewide mandate preventing individual cities and counties from adopting local ordinances related to employment leave and paid days off for holidays. But it made clear that the bill wouldn’t override local regulations that prohibit employers from discriminating against their workers.

Yet, when Creighton presented SB 15 to the Senate State Affairs Committee, he introduced a reworked version — a last-minute move, some lawmakers said, that shocked many in the Capitol.

Among its changes: A provision was added to clarify that while local governments couldn’t force companies to offer certain benefits, business could do so voluntarily. But most notably, gone was the language that explicitly said the potential state law wouldn’t supersede local non-discrimination ordinances.

There’s widespread debate about what the revised language for the bill means. And the new version has left some legal experts and LGBTQ advocates concerned. Axing that language, they say, could undermine the enforceability of local anti-discrimination laws and allow businesses to selectively pick and choose which of its employees are eligible to receive benefits that go beyond monetary compensation.

“You could see an instance where an employer wanted to discriminate against employees who are in same-sex marriages and say, ‘Well, I will offer extra vacation time or sick leave to opposite sex couples, but I won’t offer those benefits if it’s for a same sex couple,” said Anthony Kreis, a visiting assistant professor at Chicago-Kent College of Law.

A spokesperson for Creighton said SB 15 was filed strictly as a response to local governments — like Austin and San Antonio — imposing “burdensome, costly regulations on Texas private businesses.”

“The bill is limited to sick leave, predictive scheduling and benefit policies,” Erin Daly Wilson, a spokesperson for the senator, said in a statement to The Texas Tribune. “The pro-business climate in Texas is something we have worked hard to promote, and need to protect.”

The anti-sick leave stuff is a bunch of BS to begin with, but it doesn’t address the core question. Does the wording of this bill undermine protection for LGBTQ employees that have been granted via local ordinances? Equality advocates think it may be interpreted that way.

“Millions of people are covered by nondiscrimination protections at the local level (and) stand to have those protections dramatically cut back,” said Cathryn Oakley, the state legislative director and senior counsel at the Human Rights Campaign.

[…]

When touting the legislation at business events, Abbott has focused on the paid sick leave aspect, saying such policies should be discretionary and not mandated by local government.

David Welch, a Houston resident and leader of the Texas Pastor Council, says the bill would create a uniform standard for businesses across the state.

“SB 15 is one step in reversing the continued march toward unequal rights with a hodgepodge of laws throughout hundreds of cities and counties having different laws, language and enforcement,” Welch said in a statement.

The council — which was a backer of the so-called bathroom bill last session — sued the city of Austin over its anti-discrimination ordinance in 2018.

Jessica Shortall, with the business coalition Texas Competes, said the group is still trying to understand the revised bill’s potential effect on cities’ anti-discrimination ordinances. Early analysis of the changes, Shortall said, suggest the “best case scenario is confusion, and worst case is opening a door” to eroding the local ordinances.

Equality Texas has highlighted SB15 as a threat. Who are you going to believe, the people on the sharp end of bills like this, or the people who have made it their life’s work to discriminate against LGBTQ people but are now trying to pretend that this bill they support has nothing to do with their ongoing crusade? If SB15 passes, how long do you think it will take the likes of Welch to file lawsuits to overturn other cities’ non-discrimination ordinances on the grounds that they are in conflict with it? Just look at the never-ending Pidgeon lawsuit for an example. These guys will never quit, and they will take every opening given to them. SB15 sure looks like an opening to me.

One more thing:

Creighton doesn’t intend to add the disclaimer back in at this time. But Rep. Craig Goldman, the Fort Worth Republican who is carrying the House’s companion bill, said he has no intention of stripping the clause reassuring cities their LGBT protections won’t be axed.

Fine by me if this is a point of dispute. Erica Greider has more.