Texas Politics

Wendy Davis: Legislature would kill Patrick transgender restroom bill

File: Lt. Governor Dan Patrick speaks during a news conference Tuesday, May 31, 2016, in Austin, Texas. The fight over bathroom rights for transgender students escalated in Texas on Tuesday as Patrick urged schools to defy the Obama administration while parents of transgender children accused Republican leaders of stoking intolerance and making their kids targets for bullying. (Laura Skelding/Austin American-Statesman via AP) AUSTIN CHRONICLE OUT, COMMUNITY IMPACT OUT, INTERNET AND TV MUST CREDIT PHOTOGRAPHER AND STATESMAN.COM, MAGS OUT; MANDATORY CREDIT
File: Lt. Governor Dan Patrick speaks during a news conference Tuesday, May 31, 2016, in Austin, Texas. The fight over bathroom rights for transgender students escalated in Texas on Tuesday as Patrick urged schools to defy the Obama administration while parents of transgender children accused Republican leaders of stoking intolerance and making their kids targets for bullying. (Laura Skelding/Austin American-Statesman via AP) AUSTIN CHRONICLE OUT, COMMUNITY IMPACT OUT, INTERNET AND TV MUST CREDIT PHOTOGRAPHER AND STATESMAN.COM, MAGS OUT; MANDATORY CREDIT AP

Former Democratic state Sen. Wendy Davis said Tuesday that she does not think the Legislature will pass “foul” legislation intended to require transgender individuals to use the public restrooms that correspond to the gender on their birth certificates, or that the Obama administration would deny funding to Texas schools because of the “grandstanding” of state officials.

Davis, who gave up her Tarrant County Senate seat to run what was ultimately a losing campaign for governor against Greg Abbott in 2014, said that even a Republican Legislature would scuttle restroom legislation that Lt. Gov. Dan Patrick has indicated he may seek in the next legislative session.

“I’ve seen bad things die a quiet death” in the Texas House and Senate, said Davis, best known for her unquiet 2013 filibuster, which temporarily delayed enactment of new abortion restrictions in Texas and made her a national cause celebre for Democrats and feminists and catapulted her into the run for governor.

Davis also said that while the Obama administration could under Title 9 of the Civil Rights Act withhold federal funds from school districts that disobey federal guidance that they allow transgender students to use restrooms and locker rooms consistent with their gender identity, she does not think the administration would do anything to harm local Texas schools.

Davis made the remarks after a taping of an interview with Texas Tribune CEO and Editor-In-Chief Evan Smith for his KLRU Austin public radio show Overheard.

Attorney General Ken Paxton sued last week on behalf of Texas and 10 other states to block the federal policy, and even as Davis was being interviewed, Patrick was holding a news conference at which he said he is sending letters directing all Texas superintendents to ignore the policy while it’s being litigated.

In the interview, Davis said the best rebuke to Patrick for what she considers an act of naked political opportunism would be to “kick him out of office.”

Smith suggested to Davis that he could see her running against Sen. Ted Cruz when the Texas Republican’s seat is up in 2018, but Davis would only say that she might run for office again someday.

Davis said she thinks that big businesses in Texas, and those considering Texas as a location, should flex their political muscle to make it clear to Texas officials that the state’s policies on abortion and women’s health, and its resistance to policies like the Obama directive on transgender restrooms, which make people feel welcome and valued, leave Texas a less desirable place to be.

She said Austin’s welcoming and inclusive vibe has been crucial to its success.

Davis, who now lives in Austin, recently launched a nonprofit organization, Deeds Not Words, an online resource for connecting millennial women with organizations and resources that help women fight sex discrimination.

Campaigning for Clinton

Davis has been a surrogate campaigner for Hillary Clinton across the country, and after the show Tuesday, she seconded Clinton’s assertion in a new New York Magazine interview that she, as the Democratic nominee, might be able to defeat Donald Trump in Texas in the fall.

Clinton was asked by reporter Rebeca Traister, “Which states do you think Trump puts in play?”

 ‘Texas!’ she exclaimed, eyes wide, as if daring me to question this, which I did. ‘You are not going to win Texas,’ I said. She smiled, undaunted. ‘If black and Latino voters come out and vote, we could win Texas,’ she told me firmly, practically licking her lips,” Davis said.

She said Clinton, with her long, strong bond with Hispanic voters in Texas, has the potential to motivate a robust turnout from an electorate that generally turns out in low numbers in a state known for its anemic voter participation. Trump’s alienation of Hispanic and women voters would help mightily, said Davis, who said she would help in any way that the Clinton campaign asked.

Davis said that she took her first granddaughter — her daughter Amber’s 1-month-old, Ellis — to Clinton’s May 20 fundraiser at the home of Austin Mayor Steve Adler and first lady Diane Land, but that Ellis slept through the event, including her photograph with the former secretary of state.

This story was originally published May 31, 2016 at 4:45 PM with the headline "Wendy Davis: Legislature would kill Patrick transgender restroom bill."

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