Slew of Anti-LGBTQ Bills Scheduled to Hit Texas Capitol This Week

A photo of the Texas legislature.

“If we don’t want to see things get worse—and we want to see things get better—we need to block this legislation from advancing.” -Emmett Schelling, executive director of the Transgender Education Network of Texas (TENT)
Photo by Phil Roeder.

By Autumn Rendall

The livelihoods of LGBTQ Texans are on the line at the Texas Capitol this week. A slew of anti-LGBTQ bills are scheduled to be heard at the Texas legislature starting on Wednesday, April 17, 2019, each posing a dire threat to the day-to-day existence of LGBTQ residents in the state—but it’s not too late to fight for justice.

Several of these bills revolve around religious exemption, which can lead to discrimination against groups not tolerated by certain religions—including LGBTQ people.

Of these bills, HB 1035 is one of the most devastating. Proposed by Rep. Zedler, HB 1035 would allow any business—public or private sector—to legally discriminate against LGBTQ Texans and religious minorities by citing religion as justification. This includes denying LGBTQ state residents contracts, grants, loans, custody awards, state entitlement benefits, and more; as well as refusing diplomas, grades, and scholarships to LGBTQ students. Furthermore, if HB 1035 passes, wedding vendors such as bakers, dress shops, venues, and more would have the legal right not to serve same-sex couples. LGBTQ couples could also be denied the right to jointly file taxes.

HB 1035 not only allows refusal of service, but could negatively affect the jobs and health of LGBTQ and religious minority residents in Texas. HB 1035 would prohibit the government from taking legal action against any health professional who refuses to provide treatment, counseling, or surgery related to gender confirmation or the transition process; or psychological, counseling, or fertility services. The bill would also prohibit the government from taking any legal action against a person who establishes sex-specific standards or policies concerning employee dress, student uniforms, or grooming; or access to restrooms, spas, baths, showers, dressing rooms, locker rooms, or other intimate facilities or settings. “There is no cloaking this bill,” says Emmett Schelling, executive director of the Transgender Education Network of Texas. “It is undeniably rooted in hate.”

But there’s more—HB 3172 by Rep. Krause would allow public officials to exempt themselves from their duties by citing their religious beliefs as reasoning. “When we’re talking about public officials, we’re talking about people who understand that their salaries, their income comes from taxpayer dollars,” Schelling says. “Taxpayer dollars cannot fund discrimination.

HB 1347 by Rep. Bell, known as the “Texas Sovereignty Act,” would allow for the state to ignore federal laws and court rulings like the Supreme Court decision that legalized marriage equality. Similarly, HB 4041 by Rep. Toth would allow state officials to ignore federal laws and rulings. “If we don’t want to see things get worseand we want to see things get betterwe need to block this legislation from advancing,” Schelling says.

Senate Bill 17, which would provide any professional licensed by the state of Texas a license to discriminate based on “sincerely held religious beliefs,” also looms, with a possible hearing next week, according to Schelling. Anyone licensed by the state, including lawyers, therapists, other health professionals, and more, would be legally covered in the event that their license is threatened because of actions they take based on their faith. “We deserve to be served when accessing public services,” Schelling says. “[These bills are] chipping away at the validity and rights of LGBTQ Texans.”

When asked about the best ways to fight these bills, Schelling responds: “We need people to flood the Texas Capitol like they did with SB6 to take a stand against these bills.” And for those who cannot travel to Austin, Schelling emphasizes how taking five minutes out of your day to call your representatives, or those on the Texas House Committee on State Affairs, can help immensely. He explains that the offices of representatives are required to document your call, that you are a constituent of the Texas legislature, and your opposition. Simply put, your voice can help preserve and save the lives of LGBTQ Texans.

Find your representative here, and contact the Texas House Committee on State Affairs here.

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