National
Texas to consider anti-LGBT legislation based on HB2 deal
Proposal would bar municipalities from enacting pro-LGBT ordinances

The Texas Senate is set to consider anti-LGBT legislation based on the HB2 deal. (Photo by Daniel Mayer; courtesy Wikimedia)
In a sign the new law in North Carolina that replaced House Bill 2 may be exported to other states, the Texas legislature is set on Wednesday to consider anti-LGBT legislation that bears a striking resemblance to the North Carolina deal.
The bill, House Bill 2899, was introduced Friday by Rep. Ron Simmons (R-Carrollton) as a compromise proposal for lawmakers seeking to enact anti-LGBT legislation in Texas as the biennial legislative session in Texas winds down. The legislation is set for a hearing Wednesday in the House State Affairs Committee.
The measure would prohibit municipalities from enacting ordinances that would “protect a class of persons from discrimination” or reduce or expand the classes of persons protected from discrimination under state law. In effect, the proposal would bar cities from enacting ordinances barring anti-LGBT discrimination because Texas state law affords no protection based on sexual orientation or transgender status.
The proposal has explicit language stating city ordinances would become null and void if they were enacted prior to the passage of the law. That would eliminate non-discrimination ordinances already in place in Austin, Dallas, El Paso, Fort Worth, Plano and San Antonio, according to the Human Rights Campaign’s 2016 Municipal Index.
HB 2899 would take effect immediately if it receives a vote of two-thirds of all the members elected to each house as provided under the Texas Constitution. But if the legislature approves it by a simple majority, it would take effect on Sept. 1, 2017.
The law is proposed as an alternative to anti-LGBT legislation already approved in the Senate, Senate Bill 6, which seems to have stalled out after House Speaker Joe Strauss said he opposed the bill and had no intention of bringing it up. That proposal would bar cities from enacting measures to bar discrimination against transgender people in restrooms and prohibit transgender people from using the restroom consistent with their gender identity in public spaces, such as schools and government buildings.
Matt McTighe, executive director for Freedom for All Americans, said in a statement lawmakers reject the measure because it would have the same discriminatory impact as SB6.
“No one should be fooled by HB2899 – this is dangerous legislation that is just as discriminatory and economically perilous as SB6,” McTighe said. “Legal protections from discrimination are put in place for a reason, and rolling those protections back should never be on the table. Like SB6, this legislation is a solution in search of a problem that just doesn’t exist. There are no winners under HB2899 – it will create dangerous situations for transgender people, and like SB6 it will tarnish Texas’ reputation and economy.”
Also condemning the Texas proposal on the basis of it being worse than SB6 was Sarah Kate Ellis, CEO of the LGBT media organization GLAAD.
“The newly proposed HB 2899 is even worse than SB6 because it invalidates all existing local non-discrimination ordinances that protect LGBTQ Texans and gives anti-LGBTQ state lawmakers full control over future LGBTQ local non-discrimination laws,” Ellis said. “HB 2899 is another harmful ‘solution’ in search of a problem and will accomplish one thing: Further putting the lives of all LGBTQ Texans in jeopardy.”
The measure bears a striking resemblance to HB142, the replacement law that Gov. Roy Cooper signed as part of a deal with Republican legislative leaders to alleviate economic boycott in his state as a result of HB2. The replacement law, which critics say still enables discrimination, convinced major sports leagues like the NCAA to return to the state, although numerous states and municipalities have continued their bans on sponsored travel to North Carolina in protest over the law.
HB2899 is similar to the HB2 deal because both of them bars cities from enacting pro-LGBT non-discrimination ordinances, although that language in the North Carolina law will sunset in 2020.
The North Carolina law, however, is different because it bars state agencies from the “regulation of access” to bathrooms, locker rooms and showers unless they have the legislature’s permission, explicitly naming the University of North Carolina and the North Carolina Community College System as state agencies. The Texas proposal has no similar language, nor does it name any school.
It remains to be seen whether Texas will move forward with HB2899, or whether lawmakers in other states will seek to pass copycats of the HB2 replacement deal because they’ve seen such measures won’t rise to the level of economic boycott — at least from major sports organizations.
Ian Palmquist, director of programs for the Equality Federation, said after the NCAA agreed to restore games to North Carolina as result of the HB2 deal other states won’t pass copycats laws because they face boycotts from other entities.
“While some organizations like the NCAA are backing down, many are standing firm,” Palmquist said. “Legislators in other states need to know that voters and businesses will rally against any new bills that diminish protections for LGBTQ Americans.”
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.
That has now changed.
Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.
This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.
The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.
Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.
The issue lies in how the law is applied.
Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.
Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.
The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.
The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.
This case does not exist in isolation.
It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.
Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.
From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.
The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.
Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.
That process does not guarantee an immediate outcome, but it shifts the ground.
The debate is no longer theoretical.
It is now before the courts.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
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