Texans Prepare for Round Two of ‘Bathroom Bill’听Debate
Among the听听was nailing down which sports their son Ben wanted to try out over the summer.
This summer, another conversation topic鈥攚hether their 11-year-old transgender son will lose the right to use the boys’ bathroom at school鈥攃ould take up much more of their discussions. On Tuesday,听Gov.听听announced he was calling lawmakers back for legislative overtime in a special session beginning July 18鈥攁nd bathroom restrictions are on the agenda.
鈥淢y fear is that if the special session happens and some law passes, that鈥檚 going to take the decision out of their hands,鈥 said Ann Elder, who has spent the past year meeting with school administrators to make sure Ben鈥檚 accommodations are set up when he starts middle school in the fall.听
District officials and Ben鈥檚 elementary school teachers and counselors have worked with the Elder family throughout his transition by calling him by whatever name he wanted and treating him like 鈥渉e wanted to be treated,” Ann says. They first allowed him to use a bathroom in the nurse鈥檚 office but then signed off on letting him use the boys鈥 bathroom when Ann Elder realized he had been holding it in for the entire school day.
With Ben moving on to the sixth grade, Ann Elder was relieved to find that his middle school was 鈥渂eyond supportive,鈥 and she got a temporary reprieve from concerns that the Legislature would get in the way of that when efforts to regulate which bathrooms transgender Texans can use fizzled out amid a legislative stalemate at the end of their regular session.听
It鈥檚 unclear whether any bathroom regulations will make it out of a special session, where lawmakers have a much shorter window to send proposals to the governor鈥檚 desk. But the governor鈥檚 decision to extend a divisive, months-long debate on the issue and give lawmakers a second chance to pass a 鈥渂athroom bill鈥 has pushed a dark cloud of uncertainty back over transgender Texans and their families.
鈥淭hat鈥檚 going to put [school officials] in a really awkward situation because they鈥檙e going to have to enforce this even if they don鈥檛 want to,鈥 Ann Elder said in a recent interview. 鈥淎nd then it鈥檚 going to force Ben and I to figure out how we鈥檙e going to handle it or do we just exit the public school system.鈥
Abbott鈥檚 special session announcement and the inclusion of bathroom restrictions comes after months of legislative bickering and an unprecedented show of force at the Capitol by transgender Texans and their allies.
The controversial bathroom proposals easily dominated the legislative session: Folks on both sides of the issue gathered at the Capitol for听,听. Lawmakers held听听听during which transgender Texans and their families pleaded with them to not pull back established protections against discrimination and accommodations they鈥檝e obtained. And the proposals even led to Republican infighting 鈥 including听鈥攁bout legislative inaction.
All of that is likely to pick back up in July for round two.
New Legislation
Soon after Abbott鈥檚 announcement, Republican state Rep.听听of Carrollton confirmed he would once again push his proposal from the regular session鈥擧ouse Bill 2899鈥攖o outlaw municipal and school districts鈥 trans-inclusive bathroom policies.
鈥淭he main concern is our schools and making sure that privacy is protected in those arenas,鈥 Simmons said.听
A spokesman for state Sen.听, R-Brenham, who authored the Senate鈥檚 more restrictive measure, Senate Bill 6, did not respond to a request for comment on whether she would file a bill with similar language.
Both measures died in the House under Speaker听, who has made clear he opposes bathroom restrictions and offered up a watered-down compromise that some groups said would鈥檝e likely allowed school officials to continue allowing transgender students to use bathrooms that match their gender identity. That put Straus in direct opposition to Lt. Gov.听鈥攚ho contends the measure is needed to improve privacy鈥攁nd the Senate, which refused to accept anything less than a restrictive, broad measure that would eliminate trans-inclusive bathroom policies.
The impasse could carry over into the special session that Patrick forced Abbott into calling by holding hostage听听needed to continue some state agencies.
On Tuesday, Abbott said the sunset legislation was used for 鈥減olitical fodder鈥 but still added bathroom restrictions to the list of things he expected lawmakers to address during the 30-day special session.
He also reiterated his support for HB 2899, endorsing it as a way to 鈥渆stablish a single statewide rule protecting the privacy of women and children,鈥 but he indicated he鈥檇 settle for restrictions focused on public schools.
鈥淎t a minimum, we need a law that protects the privacy of our children in our public schools鈥 Abbott said.
A United Front of Opposition
After largely staying out of the bathroom debate, Abbott echoed social conservatives who for months have used privacy as the main argument for why bathroom restrictions are necessary. Though they鈥檝e provided virtually no evidence, they鈥檝e claimed that trans-inclusive bathroom policies allow individuals to enter bathrooms of the opposite gender for nefarious reasons.
That鈥檚 been met by loud opposition from LGBT advocates, civil rights groups, school groups, business groups and major corporations who offered a mostly united front during the legislative session in labeling the proposals as discriminatory and hurtful to an already vulnerable population.
The debate has also helped听听that until recently largely stayed out of the political arena but are now showing no signs of retreating during the special session.
Two years ago, about 80 people traveled to Austin to visit with lawmakers as part of Texas Trans Lobby Day, according to organizers. This year, almost 400 people鈥攊ncluding transgender adults and children鈥攖raversed the halls of the Capitol as part of their lobbying efforts against bathroom restrictions and other legislation they deemed harmful to transgender Texans.
鈥淚 never thought I鈥檇 see that many people show up in Texas on a topic specifically related to trans people,鈥 Lou Weaver, transgender programs coordinator for Equality Texas, said of the hundreds of individuals who packed the Capitol for the first committee hearing on the Senate bathroom bill. 鈥淚t continued to happen over and over again 鈥 These people are continuing to show up.鈥
Among them will be the parents of transgender children who expressed mixed feelings of relief, gratitude and frustration after the regular session ended without passage of a “bathroom bill.”
鈥淭o be very honest with you, this legislative session has been really hard for me,鈥 Ann Elder said after the Legislature adjourned. 鈥淚 just feel like I鈥檓 fighting a losing battle, and I don鈥檛 think anybody cares other than the other families. I鈥檓 feeling very bleak about the situation.”
Others are using the defeat of the proposals during the regular session to rejoice and regroup on their efforts to fight similar efforts by continuing to personalize the issue.
鈥淲e鈥檙e regular families. I drive a minivan and listen to country music. My husband is the president of our church. We鈥檙e just like you,鈥 said Amber Briggle, the mother of transgender fourth grader named Max. 鈥淚 think we鈥檝e made it relatable, and more and more transgender Texans like my son are standing up and speaking up, and it shifts your understanding of what it means to be transgender when it鈥檚 someone you know, when it鈥檚 so personal … I think that made a difference.鈥
This article in The Texas Tribune.