Texas Democrats propose laws to protect LGBTQ rights; conservatives say they want to ‘Ban the Bible’
Democrats in the Texas legislature introduced a flurry of pro-LGBTQ bills for consideration in this year’s session. Conservatives have gone ballistic, saying the bills would “effectively ban the Bible in the state of Texas.”
The bills address a number of LGBTQ rights issues, including some that have been ruled on by the US Supreme Court. Topics include non-discrimination laws including sexual orientation and gender identity; repeal of the state’s sodomy law, which is no longer enforced due to Supreme Court action; prohibit so-called conversion therapy for minors; and make it easier for transgender people to change legal documents such as birth certificates and driver’s licenses to reflect their true gender identity.
Conservatives are outraged at the introduction of these bills.
James Wesolek, writing for The Federalist, a conservative website, says, “These bills would create new government power and protections that ban the free expression of biblically grounded beliefs, especially teaching on marriage and sexuality. Numerous bills seek to force people of faith to conform to others’ personal and political activities, while setting aside their own sincerely held religious beliefs. Those who do not comply will face fines, possible jail time, or other criminal charges.”
Wesolek says the laws “would attack people of faith so aggressively that they can justifiably be described as ‘Ban the Bible’ bills.”
He also asserts the long disproved allegations about transgender people in public bathrooms, saying, “these same bills would be used to force private business owners to allow men into the most intimate spaces designed for women. This includes places like showers and locker rooms at a gym, or any public bathroom.”
That issue was the subject of major legislation authored by conservative Lt. Gov. Daniel Patrick in the last session. The provisions in that bill were defeated by a lack of action in the state House of Representatives.
Ultra right-wing writer Erick Erickson, writing in The Resurgent, claims the bills would “force Christian small businesses to provide their goods and services to support sexual orientation and transgenderism (sic).”
LifeSiteNews.com bashed the bills, using anti-LGBTQ language to misconstrue the intent of the bills. The article quoted Texas Values, a conservative Texas think-tank, as saying, “These ‘Ban the Bible’ bills at the Texas Legislature shock the conscience and must be stopped. Creating more government control and threatening Christians with jail time or fines does not create a tolerant society.” They attributed the comments to Texas Values’ senior policy analyst Nicole Hudgens.
The pro-LGBTQ bills in general say nothing about Christianity, the Bible or religious freedom. Instead, they are an attempt to bring the second most populous state in the United States into the 21st century. Twenty-one states and the District of Columbia prohibit discrimination based on sexual orientation and gender identity.
The federal Equal Employment Opportunity Commission (EEOC) and many federal courts have ruled that the term “sex” in federal anti-discrimination laws includes sexual orientation and gender identity. The Trump administration has fought those interpretations, but the court decisions and EEOC rulings remain on the books.
Several states and cities have banned so-called “conversion therapy” and advocates are conducting a national campaign to prohibit the practice, comparing it to child abuse and torture.
The Supreme Court has ruled affirmatively for LGBTQ equal rights in several decisions including overturning ‘sodomy’ laws (Lawrence v. Texas) and establishing marriage equality (Windsor, and Obergefell).
The fact is the Texas LGBTQ community has few rights. Conservatives have relentlessly attacked any laws to protect LGBTQ rights. Regardless, major Texas cities are among those in the United States protecting LGBTQ rights. They include Austin, Dallas, Fort Worth, Plano, San Antonio and several others.
Political observers believe that the proposed pro-LGBTQ bills have little chance of passage, since the legislature is heavily Republican and Republican Governor Greg Abbott would be likely to veto them if they passed.
Here are the bills protecting LBGTQ rights that have been introduced in the Texas legislature:
House Bills
HB 75 would make needle exchanges legal for any pilot program to prevent the spread of certain infectious and communicable diseases.
HB 84 repeals “the offense of homosexual conduct.”
HB 188 would prohibit housing discrimination on the basis of sexual orientation or gender identity or expression.
House Bills 244 and 254 would prohibit “certain discrimination based on sexual orientation or gender identity or expression;” establish an administrative penalty; and create a criminal offense.
HB 517 would prohibit so-called “conversion therapy” for minors
Senate Bills
SB114 would repeal statutes regarding the criminality or unacceptability of homosexual conduct and to the recognition of certain same-sex relationship statuses.
SB 152 would repeal the criminal offense of homosexual conduct, otherwise known as sodomy, which was overturned by the United States Supreme Court in Lawrence v. Texas, in 2003 but is still a state law.
SB 153 would change laws to reflect and address same-sex marriages and parenting relationships and remove provisions regarding the criminality or unacceptability of homosexual conduct.
SB 154 would facilitate change of name and sex for persons and the issuance of associated vital records and documentation. This would make life easier for transgender and gender neutral people.
SJR 9 by several senators proposes a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman. The US Supreme Court ruled in Obergefell in 2015 that same-sex marriage is legal nationwide.
Copyright The Gayly – February 3, 2019 @ 12:40 p.m. CST.