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Texas governor signs bill banning transgender youth healthcare

Senate Bill 14 to take effect on Sept. 1

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Landon Richie, a 21-year-old political science major and a leading transgender activist, protesting at the Texas Capitol in May. (Photo courtesy of Landon Richie)

By Alex Nguyen and William Melhado | Gov. Greg Abbott signed into law Friday a bill that bars transgender kids from getting puberty blockers and hormone therapies, though the new law could face legal challenges before it takes effect on Sept. 1.

Senate Bill 14’s passage brings to the finish line a legislative priority for the Republican Party of Texas, which opposes any efforts to validate transgender identities. Trans kids, their parents and LGBTQ advocacy groups fiercely oppose the law, and some have vowed to stop it from going into effect.

Texas — home to one of the largest trans communities in the U.S. — is now one of over a dozen states that restrict transition-related care for trans minors.

“Cruelty has always been the point,” said Emmett Schelling, executive director of the Transgender Education Network of Texas. “It’s not shocking that this governor would sign SB14 right at the beginning of Pride [month]; however this will not stop trans people from continuing to exist with authenticity — as we always have.”

Authored by New Braunfels Republican state Sen. Donna Campbell, the law bars trans kids from getting puberty blockers and hormone therapies, treatments many medical groups support. Children already receiving these treatments will have to be “weaned off” in a “medically appropriate” manner. The law also bans transition-related surgeries for kids, though those are rarely performed on minors.

Those who support the law claim that health care providers have capitalized on a “social contagion” to misguide parents and push life-altering treatments on kids who may later regret their decisions. SB 14’s supporters have also disputed the science and research behind transition-related care.

But trans kids, their parents and major medical groups say these medical treatments are important to protecting the mental health of an already vulnerable population, which faces a higher risk of depression and suicide than their cisgender peers. At the same time, doctors say cutting off these treatments — gradually or abruptly — could bring both physical discomfort and psychological distress to trans youth, some of whom have called it forced detransitioning.

In response, the American Civil Liberties Union, the ACLU of Texas, Lambda Legal and the Transgender Law Center pledged on May 18 to fight SB 14 in court. They have yet to file a lawsuit.

“Transgender people have always been here and will always be here,” Ash Hall, policy and advocacy strategist at the ACLU of Texas, said Friday. “Our trans youth deserve a world where they can shine alongside their peers, and we will keep advocating for that world in and out of the courts.”

This legal threat is not new; some of these groups have sued several other states over their restrictions. Earlier this year, the Department of Justice also joined the legal fight against Tennessee’s ban.

While the lawsuits are tailored to each state, Sasha Buchert, a senior attorney at Lambda Legal and the director of its Nonbinary and Transgender Rights Project, told the Texas Tribune last month that a major common challenge to the laws hinges on the 14th Amendment’s Equal Protection Clause and the argument that these laws are stopping trans kids from accessing the same medical treatments that are still available to their cisgender peers.

Buchert added that the lawsuits’ immediate goal is generally to get a preliminary injunction to stop these laws from taking effect, a tactic that has seen some success.

“It’s one thing to see some of the things that state legislators do, but it’s a completely different thing when you’re under the white-hot spotlight of judicial scrutiny,” she said.

And prior to SB 14, the ACLU and Lambda Legal successfully sued Texas last year to halt state-ordered child abuse investigations of parents who provide their trans kids with access to transition-related care. Impeached Attorney General Ken Paxton later appealed the decision in March, but the 3rd Court of Appeals has yet to issue a ruling on it.

“It’s a privilege to be able to fight,” Buchert said about the ongoing court challenges that Lambda Legal is involved in.

Editor’s note:

In a late Friday evening phone call, Landon Richie, with the Transgender Education Network of Texas, told the Washington Blade:

“Today Governor Abbott signed cruelty into law. Legislation that purports to ‘protect youth’ while stripping them of the life-saving, life-giving care that they receive will cost lives, and that’s not an exaggeration. Trans kids deserve not only to exist, but to thrive as their authentic selves in every facet of their lives, and we will never stop fighting to to actualize a world where that is undisputed. Despite efforts by our state, trans people will always exist in Texas, as we always have, and we will continue to exist brilliantly and boldly, and with endless care for one another.”

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The preceding article was previously published by The Texas Tribune and is republished by permission.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. 

Disclosure: The ACLU of Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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Texas

Talarico beats Crockett in Texas primary

Pro-LGBTQ seminarian hopes to turn seat blue

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Texas state Rep. James Talarico (Screen capture via James Talarico/YouTube)

Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.

Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.

“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”

With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.

Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.

“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”

Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.

“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”

Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.

Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.

In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.

In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.

“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”

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Texas Supreme Court rules judges can refuse to marry same-sex couples

Decision published on Oct. 24.

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(Bigstock photo)

Texas judges will now be permitted to refuse to officiate same-sex weddings based on their “sincerely held religious beliefs,” following a ruling issued Oct. 24 by the Texas Supreme Court.

The state’s highest court — composed entirely of Republican justices — determined that justices of the peace who decline to marry LGBTQ couples are not violating judicial impartiality rules and therefore cannot be sanctioned for doing so.

In its decision, the court approved an official comment to the Texas Code of Judicial Conduct clarifying that judges may opt out of performing weddings that conflict with their personal religious convictions. This clarification appears to directly conflict with existing provisions that prohibit judges from showing bias or prejudice toward individuals based on characteristics such as race, religion, or sexual orientation.

“It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief,” the court’s comment states.

The original code explicitly bars judges from showing favoritism or discrimination, declaring that they must not “manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status.”

The case traces back to McLennan County Justice of the Peace Dianne Hensley, who was publicly reprimanded in 2019 after refusing to marry same-sex couples while continuing to perform ceremonies for heterosexual ones, the Texan reported.

The State Commission on Judicial Conduct found that her actions cast doubt on her ability to act impartially, but Hensley has spent the past six years challenging that reprimand in court, arguing that she was punished for adhering to her Christian beliefs.

In a statement responding to the Oct. 24 ruling, Texas House LGBTQ Caucus Chair Jessica González expressed disappointment with the decision.

“The Texas House LGBTQ Caucus is disappointed, but not surprised, to learn that the Texas Supreme Court is not willing to stand up for the rights of LGBTQIA+ Texans,” she said. “Our right to marriage should never depend on someone else’s religious beliefs. This change in the Judicial Conduct Code will only further erode civil rights in Texas.”

The Texas Supreme Court is also currently reviewing a related matter referred by the 5th U.S. Court of Appeals. That case involves another judge, Keith Umphress, who similarly refused to perform same-sex weddings for religious reasons. The 5th Circuit has asked the Texas justices to clarify whether the state’s judicial conduct code actually forbids judges from publicly declining to officiate same-sex weddings while continuing to perform ceremonies for straight couples — a question that could further define the boundaries between religious liberty and judicial impartiality in Texas.

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Democrats block anti-trans legislation by breaking quorum in Texas

Lawmakers flee state to halt GOP-backed redistricting and anti-trans policies

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Republican Texas Gov. Greg Abbott signs the “Save Women’s Sports Act” on Aug. 7, 2023. (Photo courtesy of the Office of the Governor)

As Texas House Democrats fled the state to prevent Republicans from gerrymandering Democratic-held districts to flip seats, they also blocked anti-transgender legislation from being considered simply by not showing up.

More than 50 House Democrats left Texas on Sunday in an attempt to pause—if not kill—recent Republican-proposed and Trump-encouraged measures making their way through the state House.

This move by Democrats is called “breaking quorum,” and means the Texas House has fewer than the required minimum number of representatives present to conduct business. In total, the Texas House has 150 seats. Republicans hold only 88 seats—less than the 100 required to meet quorum—pausing the legislative session.

The Democratic legislators traveled to Illinois and New York, two Democratic strongholds with outspoken governors vowing to protect them and prevent Republicans from gaining an unfair advantage in the middle of the legislative calendar—at Trump’s behest.

The major issue Texas Democrats are drawing attention to is the recent redistricting plan, which would flip five Democratic U.S. House of Representatives seats to Republican ones through the use of gerrymandering, or strategic manipulation of district boundaries. This gerrymandering would likely result in Republicans retaining control of the U.S. House in the 2026 midterms.

In addition to redistricting, Republicans have proposed Senate Bill 7 (SB7), also known as “The Trans Bathroom Ban.” This bill mandates that people use the bathroom in government buildings, schools, and women’s violence shelters that corresponds with their sex at birth, rather than their gender identity. The bill would also require incarcerated individuals to be placed in facilities that match their sex at birth.

Proponents of the bill, like Fran Rhodes, the president of True Texas Project—a hardline conservative group that opposes LGBTQ rights and immigration—argue that without SB7, “we put women and girls at risk.”

This proposed legislation has been denounced by Equality Texas, which says it would not only put trans women at risk, but also cis women, who would be subject to “invasive gender inspections.” They argue this would undermine the Republicans’ stated intent of the bill by subjecting women to unnecessary scrutiny rather than protecting them.

Multiple cis women have come out in opposition to the bill, including Wendy Davis, a lawyer and former member of the Texas State Senate, who called the bill “a solution without a problem.”

Davis continued, saying that “Our trans sisters deserve to be safe in the restroom, just like we deserve to be safe in the restroom.”

Additionally, some Black Texans have sounded the alarm on this bill, likening it to Jim Crow-era segregation legislation—but instead of skin color, it uses gender identity to discriminate.

As the clock runs out on this 30-day special session ending Aug. 19, there is a chance Republican Gov. Greg Abbott could extend the session, as it is within his power as governor.

Texas Democrats hope this will pressure Republicans to work with them to reach a compromise on both redistricting and killing the anti-trans bill.

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