‘Bathroom Bill’ is dead — but the fight for transgender rights is far from over
After a long-fought battle and multiple resurrections, the “bathroom bill” that would have denied transgender Texans the use of public restrooms, locker rooms, and showers that correspond with their gender identity, died in the House early August as House Speaker Joe Straus ended a 30-day special session one day early.
Those of us who’ve been fighting this bill breathed a sigh of relief — but only for a moment.
The fight for transgender rights in Texas has been turbulent — and it’s far from over.
Don’t get me wrong — the end of the bathroom bill is a win. Because this bill specifically targets public schools and public buildings, it’s students who would feel its effects most. And under the guise of “protecting” cisgender bathroom occupants, the bill would have jeopardized the physical, psychological, and emotional well-being of trans folks. Some of those people are my fellow students. And while all of us were relieved to hear the news, we know the transphobic motivation that inspired it will be back.
For starters, it doesn’t just exist in Texas. Our president tweeted a ban against transgender individuals from serving in our military, later calling it ‘a great favor’ — to the military. His administration also rescinded Obama-era protections for transgender students — dismissing the issue as one of “states’ rights”— shortly after taking office. But transgender Texans have faced a pervasive culture of transphobia in the Lone Star State.
The U.S. Transgender Survey — the most comprehensive study of transgender life in the U.S. — painted a grim picture: even without a law to dictate the gender of Texas bathroom visitors, transgender Texans already face a gauntlet of discrimination and harassment — from housing to employment and every other facet of public life.
Equality Texas, which works toward equality for LGBTQ Texans, reports that 85 percent of transgender Texans have experienced harassment because of their gender expression, and 46 percent have experienced physical assault. Forty-seven percent of transgender Texans have been verbally harassed or disrespected in public. Legal justification for transphobic practices would only intensify these issues.
It was solidarity for our fellow students and Texans that inspired me and my classmates at the SJS Freethinkers Club — a group of secular students at St. John’s School in Houston — to help launch an organization against the bathroom bill and other discriminatory legislation that would reinforce this toxic culture.
It’s not lost on me that just this month, Gwynevere River Song was shot to death at her home in Waxahachie, Texas, making her the 17th transgender homicide victim in America so far this year. Gwynevere was 26, used “they/them/theirs” pronouns — and deserved the same right to life and liberty as anyone of the previous 16 victims, or any other American.
I’m a white, cisgender man. This bill would not impact my personal day-to-day life, and the same is true for many of my colleagues.
We felt inspired to advocate against it because of our secular beliefs, which invite us to take a broader view of the world: Is this beneficial to the state and everyone in it?
The answer is no. This bill and the transphobia that inspires others like it aren’t beneficial to anyone.
And we’re not alone in that assessment. The Texas Association of Business, the state’s largest business trade group, has vocally opposed the legislation. Estimates based on the number of businesses that have opposed it suggest that Texas state economy could lose $8 billion and 185,000 jobs if the bill passes, with ramifications across sectors.
In fact, reports have suggested that it was big business that ultimately had the final say in the end of the bathroom bill.
But after the Senate adjourned last Tuesday, Lt. Gov. Dan Patrick announced his rejection of the business community’s opposition. “They were wrong; all their data is wrong.” And he promised the issue would come back in 2019, warning: “The people will demand it. The issue is not going away.”
Rep. Ron Simmons, R-Carrolton, the sponsor of several bathroom bills, echoed a similar warning: “The legislation might be dead but the issue is still very much alive until the issue is solved at the state or federal level.” Gov. Greg Abbott has also declined to rule out the possibility of a second special session for the topic.
The fight for and against this bill has divided the Texas GOP, brought thousands to the Capitol to testify in protest, and sparked national coverage and controversy. But it also brought together a powerful constellation of people who are committed to health, safety, and well-being of all Texans.
We will be back as well.
Lincoln Dow is the co-founder of the SJS Freethinkers Club — a Secular Student Alliance affiliate, and a member of the SSA’s national Board of Directors. He is also the political director for Texas Students United, the political action committee started by members of SJS Freethinkers, and a campaign staffer.
This story was originally published August 28, 2017 at 5:20 PM with the headline "‘Bathroom Bill’ is dead — but the fight for transgender rights is far from over."