North Texas lawmakers tied to state’s latest round of bills considered ‘anti-LGBTQ’
During the 2021 legislative session, Texas lawmakers proposed 33 bills that one advocacy organization considers “anti-LGBTQ.”
Only one passed: a ban on transgender athletes in K-12 sports.
This year, 140 “anti-LGBTQ” bills were filed in Austin during the session. They include Senate Bill 15, which expands on the trans sports ban, and Senate Bill 12, which targets drag shows with a ban on “sexually oriented performance” in front of minors.
Advocates in Texas consider the slew of legislation a threat to LGBTQ+ people and fear the trend will open the door for more restrictive legislation in the future.
“It sets a dangerous precedent for the government to decide what we’re allowed to watch” including drag shows, said Johnathan Gooch, communication director for Equality Texas. “That type of government interference into personal choices is unnerving to me.
“Today, they ban drag, what do they ban tomorrow?” Gooch said.
Equality Texas, a political advocacy organization, “anti-LGBTQ” bills as those that limit access to gender-affirming care for trans youth, forbid education about the community in classrooms or discriminate against LGBTQ+ people in the name of religious freedom, among other things.
Bills in play
Of the 140 bills proposed during the regular session that Equality Texas describes as “anti-LGBTQ,” the following seven have made it to the governor’s desk or are already signed into law.
SB 12 bans “sexually oriented performance” on public property and in front of minors;
SB 14 (signed) prohibits medical transitioning for children and the use of public money to provide gender-affirming care;
SB 15 extends the trans sports ban to college sports;
SB 17 bans diversity programs in public universities;
SB 763 allows school districts to employ chaplains to perform the duties of school counselors;
HB 900 (signed) stipulates that the state will create standards for school library collection development, including prohibition of sexually explicit material;
HB 2127 (signed) prohibits municipalities from adopting local policies in certain areas that go beyond state law.
All but SB 763 were authored or co-authored by North Texas representatives.
Sen. Brian Birdwell, R-Granbury, co-authored SB 12, SB 14, SB 15 and SB 17.
Sen. Kelly Hancock, R-North Richland Hills, co-authored SB 14 and SB 15.
Sen. Phil King, R-Weatherford, co-authored SB 14, SB 15 and SB 17.
Sen. Tan Parker, R-Flower Mound, co-authored SB 14, SB 15 and SB 17.
Sen. Drew Springer, R-Muenster, co-authored SB 12, SB 14, SB 15 and SB 17
Rep. Giovanni Capriglione, R-Southlake, co-authored HB 900 and HB 2127.
Rep. Stephanie Klick, R-Fort Worth, co-authored HB 2127.
Rep. Nate Schatzline, R-Fort Worth, co-authored HB 900 and HB 2127.
None of the lawmakers responded to requests for comment about their votes.
Schatzline said in a tweet about the passage of SB 15: “Democrats don’t want to acknowledge that when they say, ‘trans woman,’ they mean biological male, and when they say, ‘trans rights,’ they mean the right for a biological male to undress in front of our daughters, put them in danger, and take their opportunities away!”
SB 12
SB 12, which awaits the governor’s signature, would effectively ban all-ages drag shows and those performed on public property.
The legislation specifically bans “sexually oriented performance” in the presence of minors. Violators could be fined up to $10,000 for each violation.
According to SB 12, a “sexually oriented performance” is defined as a performance that features nudity or a man dressing as a woman or a woman dressing as a man, and that “appeals to the prurient interest in sex.”
SB 12 is written broadly and does not mention “drag” specifically.
“It’s unclear if something as simple as a dirty joke might fall under that,” said Gooch. “It also explicitly mentions simulated sex acts and things like that. So there are various shades of dirty dancing that may be illegal right after this bill gets passed.”
In addition to fines, the bill permits the attorney general to obtain an injunction to prevent a performance.
Other civil violations associated with a fine of up to $10,000 include price gouging necessities during a declared disaster and leaking health care data.
The future of queer life in Texas
While SB 12 does not specifically mention “drag,” it was originally written as a drag ban. Gooch believes that’s what people will remember when enforcing it.
Furthermore, the vagueness of the language increases the probability of confusion and could have a chilling effect, he said.
Even before the passage of the law, “we’re already seeing an impact,” he said. He cited a lesbian bar in Houston that was denied insurance for hosting drag shows.
The Pearl Bar owner Julie Mabry in part blamed SB 12 and the public’s misunderstanding of it for the denial of coverage, according to KPRC of Houston. The bar doesn’t allow customers under 21.
SB 12 would take effect Sept. 1.
