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Texas GOP bills denounced by LGBT rights groups stagnant in state legislature

Texas GOP bills denounced by LGBT rights groups stagnant in state legislature
Texas state capitol in Austin.
Texas state capitol in Austin.

AUSTIN, Texas — Proposals that critics say could be used to discriminate against gays have largely gone nowhere in the Texas Legislature, a bastion of conservatives, and some LGBT rights activists believe a big reason is because of the backlash over religious objection laws passed in Arkansas and Indiana.

Two bills passed out of Texas House committees this week, the first measures that limit activity for gays and lesbians to progress to either chamber.

But it’s not a given that more hearings or votes on bills will follow, said Corsicana Republican Rep. Byron Cook, who chairs a committee overseeing bills that would repeal local nondiscrimination ordinances already in place, dictate which bathrooms transgender adults and students must use and target same-sex marriages.

“It’s more improbable to get them passed this late in the session,” Cook said. “We still will need a majority.”

Republican lawmakers took notice in February when a Travis County clerk in Austin issued a lesbian couple the first gay marriage license since a 2005 same-sex marriage ban. They responded a few days later with a sheet cake commemorating the ban’s 10-year-anniversary, angering Democrats.

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While such back-and-forth played out outside the House and Senate, inside those chambers bills backed by the GOP haven’t moved much.

Neither have many Democratic measures that would expand legal protections for gays and lesbians, other than one bill that protects teens under 18 in consensual relationships from criminal charges.

“After robust public opposition to passage of anti-equality bills in Arkansas and Indiana, I think lawmakers in other states including Texas are looking at these bills and wondering whether now is the right time,” said Jeremy Pittman, a deputy field director for the Human Rights Campaign.

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The bills that moved this week aren’t as sweeping as many other proposals. One bill passed out of Cook’s committee would bar state and local government employees from licensing or recognizing same-sex marriages – even if the U.S. Supreme Court authorizes them this summer. The other measure would allow children’s services social workers who contract with the state to discriminate based on sincerely held religious beliefs.

Lawmakers said they detect a reluctance of the legislative leadership to move a slew of other bills.

Republican Gov. Greg Abbott has reiterated his opposition to same-sex marriage in Texas, but has not made hot-button social issues a priority in his first legislative session as the state’s chief executive. He did not respond to a request for comment.

Neither did Lt. Gov. Dan Patrick or House Speaker Joe Straus.

Jonathan Saenz, president of the conservative group Texas Values, said the three leaders have all, “at one time or another, expressed strong support in defending our marriage laws.”

Pittman said he “is hopeful that anti-equality bills are not a priority for leaders” in Texas. He added that he doesn’t anticipate much more movement on bills that would limit legal protections for gays and lesbians.

Equality Texas, a gay rights group, has been particularly concerned about two proposed constitutional amendments it says will promote anti-gay discrimination.

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Texas’ Religious Freedom Restoration Act of 1999 allows a Texan to sue state and local governments if he or she feels that a government entity is burdening their religious beliefs or practices. But the proposed amendments do not explicitly say the law can’t be used to justify discrimination based on sexual orientation, which causes opponents concern.

Rep. Jason Villalba dropped his proposed constitutional amendment after the Texas Association of Business expressed strong opposition. It was quickly resurrected by Rep. Matt Krause. Neither Krause’s proposal nor a similar one filed by a senator has been scheduled for a hearing.

Austin Democratic Rep. Celia Israel, a lesbian, said that while it’s disappointing that more pro-gay bills haven’t been heard, “Not passing bad stuff is a victory in Texas.”

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