Texas and Wyoming getting ready to pass key anti-LGBT legislation

In an anti-LGBT legislation update the ACLU has highlighted two states where lawmakers are gearing up to pass anti-LGBT bills.

“Legislatures across the country are starting the year aggressively, with 15 states considering nearly 40 anti-LGBT bills in just the first two weeks of January,” said Eunice Rho, ACLU Advocacy & Policy Counsel. “A significant number of these bills specifically target transgender people for discriminatory treatment. The ACLU remains prepared to fight these egregious attacks on the LGBT community wherever they may arise.”

Texas SB 6 – a bill resembling North Carolina’s notorious House Bill 2
Texas Lt. Gov. Dan Patrick held a press conference to announce the introduction of Senate Bill 6, a bill that resembles North Carolina’s notorious House Bill 2. Like HB 2, SB 6 targets transgender people for discriminatory treatment. For instance, transgender people would be forced to use restrooms in public schools, charter schools, and government buildings based on the sex listed on their birth certificates, regardless of the gender they are and live as every day.

In addition, SB 6 prohibits local governments from adopting any new measures relating to “the designation or use of a private entity’s bathroom or changing facility,” and also prohibits them from enforcing existing policies. This could mean that localities would be prevented from adopting any nondiscrimination ordinances covering such facilities, and not just as they relate to LGBT people.

SB 6 is just the latest anti-LGBT bill to be introduced in Texas. A pre-filed bill, SB 92, would prohibit any locality from adopting nondiscrimination ordinances with broader protections than are available under state laws. Notably, Texas is one of only five states in the country with no statewide laws protecting against discrimination in public accommodations.

Wyoming HB 135 – a First Amendment Defense Act (FADA)
Wyoming’s House Bill 135, the so-called “Government Nondiscrimination Act,” strongly resembles the First Amendment Defense Act (FADA), a version of which is still pending in Congress. Another version of this bill passed in Mississippi in 2016 and is currently enjoined as a result of a successful lawsuit.

If passed, HB 135 would allow discrimination based on religiously held beliefs that (a) marriage is limited to a man and a woman or (b) gender identity is fixed at birth. This means that government employees, licensed professionals (like teachers or counselors), and private businesses would be able to discriminate. In response, the government’s hands would be tied; a public employee could refuse to do his or her job without repercussion, cities like Laramie could not enforce their local nondiscrimination laws, and a school counselor could tell a gay or transgender student that they are a sinner and refuse to provide care, yet still keep his or her professional license and continue practicing.

This bill could move quickly through the Wyoming House of Representatives, with a committee hearing and floor vote coming as early as this Thursday, January 19. 

For further information on all of the anti-LGBT bills visit www.aclu.org/LGBTbills.