Lesbians, gay, bisexual, and transgender (LGBT) people in Texas may face legal and discriminatory challenges that others do not face. Same-sex sexual activity is legal in the state. On June 26, 2015, the United States Supreme Court ruled that same-sex marriage ban unconstitutional in Obergefell v. Hodges . Texas has hate crime laws that strengthen the punishment for certain crimes motivated by the victim's sexual orientation, even though it was never done. Gender identity is not included in hate crime laws. There is no state law that prohibits anti-LGBT discrimination; however, some areas of Texas have ordinances that provide various legal protections and benefits for LGBT people.
Video LGBT rights in Texas
The law on same-sex sexual activity
Until the US Supreme Court in 2003 declared unconstitutional sodomy law in Lawrence v. Texas, a specific sexual act between people of the same sex is a criminal offense in Texas, called "perverted sexual intercourse", a violation of a Class C crime, punishable by a fine not exceeding $ 500. In January 2018, Texas is one of three states that still have laws that criminalize same-sex sexual acts, in addition to Oklahoma and Kansas. The legislature failed to act on some of the proposed bill that would repeal the Texas law. Maps LGBT rights in Texas
Recognition of same-sex relations
Wedding
The first legal challenge to Texas's ban on marriage between two people of the same sex came in 1972 when Travis Co Attorney Ned Granger asked opinion from Attorney General Crawford Martin about the legality of issuing the license. Martin expressed the opinion that, although there is no special prohibition against same-sex marriage in the law, it is not legally permitted. In 1973, the Texas Family Code was changed by House Bill 103 to explicitly state that marriage licenses can only be granted to men and women. HB 103 became effective on January 1, 1974.
In 1997, Texas banned the issuance of marriage licenses for same-sex couples. Additional laws in 2003 prohibited the recognition of same-sex marriages or civil unions. In 2005, voters approved a referendum that added such restrictions to the Texas Constitution.
On February 26, 2014, Judge Orlando Luis Garcia, of the United States District Court for the Western District of Texas, found that Texas's ban on same-sex marriage was unconstitutional. On April 23, 2014, Judge Barbara Nellermoe, from the 45th Judicial District Court of Bexar County, found that the Texas ban on same-sex marriage was unconstitutional. Both cases were appealed by Texas Attorney General Greg Abbott.
In February 2015, two state judges in Travis County held back state bans on unconstitutional unconventional marriages. One ordered the admission of a general-law marriage between two women and the other ordered the county officer to issue a marriage certificate for two women. They got the license and married before Attorney General Ken Paxton obtained permission from the Texas Supreme Court and asked the court to cancel the marriage license.
On June 26, 2015, the United States legalized same-sex marriage nationally because of a US Supreme Court ruling in Obergefell v. Hodges .
Benefits of domestic partners
Austin, Dallas, Fort Worth, El Paso, Houston, and San Antonio provide health insurance for domestic workers' domestic workers. In 2001, 52% of Houston voters approved Proposition 2, an amendment to the city charter that prohibits the city from providing domestic partner allowances for city employees. The amendment, however, specifically permits benefits to be given to "legal partners" of employees, and in November 2013, the city's legal department decides to violate the law to continue to reject marital couples marriage legally.
The Pflugerville Independent School District enables domestic partners of district workers to be included in the district health insurance plan, although workers must pay for the entire coverage as they do for each dependent.
Dallas County pays cash subsidies to help cover the cost of individual insurance policies purchased by domestic partners of local employees. The amount of subsidy equals the amount donated by the region to the group insurance plan covering the county employees, which in October 2012 was $ 300 per month. The district can not add domestic partners into group plans because the other two districts participating in the plan, Denton and Tarrant, are against it.
Travis County enables domestic partners of local employees to participate as dependents in the district group's insurance plan.
El Paso County provides health benefits for unmarried regional colleagues.
Bexar County allows the county employees benefits to be extended to domestic partners.
Texas Texas Attorney Opinion 2013
In April 2013, Texas Attorney Greg Abbott, in response to a legislator's request, gave his legal opinion that the Texas Constitution prohibits the political division of the state from providing status-based benefits such as "domestic partnership" because "it is similar to marriage". In response, officials in Travis County and Fort Worth defended the legality of their domestic partnership benefits, as was done in other jurisdictions that minimized the significance of opinion. The Austin Independent School District decided in June 2013 to offer no health benefits to its employees domestic partners, but changed its position in August 2013.
Protection of discrimination
Country law
In 2013, Texas state law does not protect employees from discrimination on the basis of their sexual orientation or gender identity. At least since 1999, no bill banning discrimination by employers based on sexual orientation or gender identity has made it out of the committee stage in the Texas Legislature. During the regular session of Legislative 2013, House Bill 238 was introduced by Mike Villarreal Representative, House Bill 1146 introduced by Representative Eric Johnson, and Senate Bill 237 was introduced by Senator Leticia Van de Putte will prohibit such discrimination; However, all these bills are dead on their respective committees. Judge Lee Rosenthal from the Southern District Court of Texas has decided that sexual orientation and gender identity fall under Federal Protection. However, in April 2018, a federal US District Court judge for the Southern District of Texas ruled that, although a woman did not prove that she had been discriminated against for being transgendered by Phillips 66 company, if that had been proven, she would "have a case" under Title VII of the Civil Rights Act of 1964 . The judge, who had been appointed by President George H. W. Bush in 1992, cited other new cases as forming a final decision.
Texas state law does not protect people from housing or discriminating public accommodation based on their sexual orientation or gender identity or expression. House Bill 2215 introduced by Representative Jessica Farrar at the regular 2009 Legislative hearing will prohibit such discrimination; However, the bill died on the Judicial and Civil Judicial Committee of the House of Representatives.
The laws of the state of Texas also do not protect people from insurance discrimination based on their sexual orientation or gender identity or expression. During the regular session of the Legislative 2013, House Bill 206 was introduced by Representative Senfronia Thompson, House Bill 541 introduced by Representative Robert Alonzo, and Senate Bill 73 introduced by Senator Rodney Ellis will prohibit such discrimination; However, all these bills are dead on their respective committees.
Areas with LGBT protection
City with LGBT protection
The following cities Texas has a procedure prohibiting discrimination on the basis of sexual orientation and gender identity in housing, public accommodation, municipal employment, private employment and urban contracting.
Austin, Dallas, Fort Worth, Plano and San Antonio prohibit discrimination on the basis of sexual orientation and gender identity in private and public works, housing and public accommodation.
Denton has protection for sexual orientation and gender identity for housing, public accommodation, municipal jobs and municipal contractors.
El Paso has protection based on sexual orientation and gender identity for public accommodation and city work.
Arlington, Brownsville, Corpus Christi, Houston, Mesquite, and Waco have protection based on sexual orientation and gender identity for municipal work only.
Grand Prairie, McAllen, and Round Rock have city policies that prohibit urban employment and urban contractor discrimination based solely on sexual orientation.
Non-discrimination protection status in the top 20 cities of Texas
School district with LGBT inclusive policy
The following school districts have employee welfare and student welfare policies that prohibit discrimination based on sexual orientation, gender identity, and gender expression: Dallas ISD, Fort Worth ISD, Austin ISD, and Houston ISD.
El Paso ISD has similar protection, referred to as "gender stereotypes and perceived sexuality."
Cedar Hill ISD has only protection for sexual orientation.
LGBT University non-discrimination policy
The following universities have a non-discriminatory policy for students and employees based on sexual orientation, gender identity and gender expression: Texas A & amp; M Commerce, Texas A & amp; M Corpus Christi, West Texas A & amp; M, University of Texas at Austin, University of Texas San Antonio, University of Texas at Dallas, Texas Pan American University, University of Houston (all locations), University of North Texas (all locations), Texas State University, Rice University, Southern Methodist University, Christian University Texas, Georgetown University and Our Lady of the Lake (employee protection only).
The following universities have a non-discriminatory policy for students and employees based on sexual orientation and gender identity: University of Texas El Paso, Sam Houston State University and Lamar University.
The following universities have a non-discriminatory policy for students and employees based solely on sexual orientation: Texas A & amp; M International University, Prairie View A & amp; M, Texas A & amp; M Galveston, Texas University of Arlington, Texas Tyler University, University of Texas Brownsville, Permian Basin Texas University, Texas Technological University, Texas Women University (student protection only), University of South Texas, Angelo State University, Midwestern State University (student protection only) and Southwest University.
The following Universities have non-discriminatory statements for sexual orientation for on-campus housing: Texas A & amp; M College Station, University of Texas at Dallas, University of North Texas (all campuses), Southern Methodist University, Texas El Paso University, Sam Houston State University, Texas A & amp; M International University, Texas A & amp; M Galveston, Texas Tech University, Angelo State University, Southwestern University, Texas Women's University, Texas A & amp; M University Kingsville, Texas A & amp; M University Texarkana and Tarleton University.
The following Universities have non-discriminatory statements for roommate requests/roommate requests based on sexual orientation: Texas A & amp; M University of Commerce, University of Texas- San Antonio, Texas State University, Georgetown University, Rice University, Lamar University and University of Texas-Tyler.
Discrimination rates in Texas
Overview
Approximately 429,000 LGBT workers in Texas are vulnerable to employment discrimination in the absence of statewide legal protection, according to a 2015 report co-authored by Christy Mallory, Senior Advisor, and Brad Sears, Executive Director at the Williams Institute UCLA School of Law. Currently, some areas in Texas prohibit discrimination on the basis of sexual orientation and gender identity in public and private sector work, while other areas protect local government workers or local government contractors from such discrimination. About 86% of Texas' workforce, however, is not covered by this law. "
Discrimination of gender identity
In response to the 2010 national survey, 79% of Texans felt that these people were harassed or mistreated at work, and 45% reported that they were not employed, 26% reported they were dismissed, and 22% reported being denied promotions due to identity or their gender expression.
Public opinion about non-discrimination laws
The combined data from two large public opinion polls found that 79% of Texans thought LGBT people suffered from moderate to much discrimination in the state.
In response to a national poll conducted in 2011, 73% of respondents from Texas said that employment discrimination based on sexual orientation and gender identity should be banned in the US.
Adoption and parenting
In Texas, any adult can adopt a child regardless of sexual orientation or adult gender identity. Lesbian couples can access IVF and assisted insemination treatments.
The Texas law does not prohibit the adoption of the same second parent or adoption by same-sex couples and state courts sometimes approve of such adoption. The Texas Appeals Court did not consider the question directly but said that lower court approval of adoption by same-sex couples does not represent a "fundamental mistake".
The court was unable to issue an additional birth certificate for a child adopted by two men or two women. The main purpose of the certificate is to prove the relationship of parents/children with outside entities, such as schools, insurance companies, and passport offices. On November 15, 2012, Representative Rafael Anchia introduced House Bill 201 to the regular session of Legislative 2013. The bill would remove the ban on issuing additional birth certificates for children adopted by two men or two women. The bill died on the Judicial and Civil Judicial Commission of the House of Representatives.
Gender identity and expression
In 2009, the Texas Legislature passed a court order relating to a person's genital change to be proof of an acceptable identity for marriage certificates.
For geographical areas under the jurisdiction of the Texas Court of Appeal in San Antonio, the 1999 case of Littleton v. Prange defines that, for the purpose of determining the validity of marriage, the sex of a person is determined at birth and is not altered by surgery or drug therapy. This ruling allows a man-born male to be transferred to a woman to marry a woman in the court's jurisdiction. In February 2014, the Texas Court of Appeals in Corpus Christi declared that state legislation had changed since Littleton and now recognized gender reassignment, so parties in a lawsuit that contradicts whether marriage is illegitimate- a sex marriage or a legal sex marriage is required in order for their dispute to be heard by the court.
In order for transgender people to change their legal sex on their birth certificate, they must undergo a sex change operation and a change of name.
In August 2017, the Texas Legislature was postponed without voting on "transgender bathroom bills", which would limit the access of transgender people to public bathrooms. Governor Greg Abbott made it a priority to pass legislation.
Other legal and policy issues
Sex education
The Texas Department of Health Services has developed model education programs on AIDS and HIV; However, Texas law requires that "material in educational programs aimed at people younger than 18 years... states that homosexual behavior is not an acceptable lifestyle and is a criminal offense...." In practice, some school districts are included language about homosexual behavior in their sex education materials. This law has not been modified since Lawrence v. Texas .
Romeo and Juliet's Law
Texas provides an affirmative defense to a person who has engaged in unlawful sexual contact with a child under 17, if the person is not more than three years older than the child. This defense, however, does not apply if people and children of the same gender. Texas is the only country that made such a difference since the Kansas Supreme Court found the same Kansas legislation to be unconstitutional in 2005. During the regular session of the Legislative 2013, House Bill 2403 introduced by Mary Representative GonzÃÆ'¡ lez, House Bill 3322 introduced by Coleman Representative, and Senate Bill 1316 introduced by Senator John Whitmire will revoke this distinction; However, no bills are authorized by the original room.
National Guard
Following the decision of the US Supreme Court in United States v. Windsor in June 2013 canceled Section 3 of the Defense of Marriage Act, the US Department of Defense issued a directive requiring state units of the National Guard to register same-sex couples of guard members in the federal benefits program. The Texas National Guard officials initially refused to comply, instead requiring members of Guard to travel to a federal facility to do so. Defense Secretary Chuck Hagel on Oct. 31 said he would demand compliance. On November 26, Texas agreed to comply with the DoD policy stating that state workers would be considered federal workers when enrolling same-sex couples to make a profit.
Hate legal crime
On May 11, 2001, Governor Rick Perry signed the House Bill 587 , popular but unofficially known as James Byrd, Jr. Hate Crimes Act , which reinforces penalties for certain motivated crimes. by race, color, disability, religion, national origin or ancestry, age, sex, or sexual preference. This law does not cover gender identity. House Bill 3324 introduced by Representative Garnet Coleman at the regular session of the Legislative 2013 will add a gender identity or expression of hate crime law; However, the bill died at the Criminal Jurisprudence committee of the House of Representatives.
In the first decade after the law came into effect on September 1, 2001, local law enforcement agencies have reported about 200 crimes per year as a hate crime. However, less than one case per year on average has been successfully prosecuted in Texas as a hate crime.
Politics
The Republic of Texas party holds all statewide offices in Texas and controls both houses in the Texas Legislature. The 2012 party platform contains many statements against LGBT rights.
Republican Governor Rick Perry signed the promise of the National Organization for Marriage to oppose same-sex marriage; Perry also rejected the decision of Lawrence v. Texas U. S. Supreme Court as a product of "nine oligarchs in robes".
The Texas Democratic Party added certain LGBT rights to the party platform in 1980, and incorporated same-sex marriage rights in the 2012 platform, becoming the first Democratic country's party in the southern United States to do so.
Public opinion
Since 2009, Texans between the ages of 18 and 29 have increasingly supported same-sex marriage at a faster rate than the general population. In June 2009, the University of Texas found that 49% of the age group supported same-sex marriage compared to 29% of the general population. In February 2013, it was found that 59% of them did so while only 37% of the general population had the same opinion. The opposition of the Texans between the ages of 18 and 29 fell 12 points in the same period, from 28 to 16%. At the same time, the opposition of the general population in Texan fell 5 points, from 52.7% to 47.5%. Glengariff Group, Inc., along with the rights of pro-LGBT Equality Texas Foundation, found that support in this age group increased from 53.6% in 2010 to 67.9% in 2013 while in the general population in Texas, support increased from 42.7% to 47.9%.
The latest poll found that the majority of Texans support same-sex marriage. The Religious Research Institute poll, 2017, for example, showed support for same-sex marriage in Texas at 55%. 34% opposed and 11% unsure.
Summary table
Supporting organizations
Texas Transgender Education Network
The Texas Transgender Education Network (TENT) is an organization working to improve gender equality in the US state of Texas. By 2016, the organization is listed as a 501 (c) (3) nonprofit organization in the United States.
The Texas Transgender Education Network (TENT) was founded in 2002 as the Austin Transgender Ordinance Initiative. TENT's main works are education, advocacy and empowerment, and work in public and private forums at each of these levels to prevent transgender, non-binary, and intersex discrimination in Texas. It also supports pro-transgender legislation in Texas.
TENT is a member of Austin GLBT Austin Chamber of Commerce. Community advocacy work includes working in partnership with other organizations such as the American Civil Liberties Union (ACLU) of Texas, the League of Anti-Defamation of Central Texas, Texas Equality, Human Rights Campaign and Texas Network of Independence.
In addition to offering "cultural competence" seminars, workshops and presentations themselves to various organizations, TENT also collaborates with research and other educational initiatives. One such research collaboration aims to understand and improve the education of transgender-related health topics in the Texas nursing program curriculum.
One of the main focuses of the organization is to collect testimonies of transgender, non-binary, and intersex people and their allies in Texas. Many of these testimonies were specifically collected in reaction to the proposed Texas SB6, a "bathroom bill" intending to limit the access of the bathroom to the sex of a person's birth certificate. This organization keeps a record of testimony given to the State Senate State Senate committee on SB6 by transgender, non-binary, and intersex people and their allies on its website.
In March 2018, as part of a coalition with other LGBTQ Texas groups, ACLU Texas, Equality Texas and Lambda Legal, created an online portal called TxTransKids.org, designed to provide support networks and resource centers for transgender students of elementary and secondary schools and their families.
Nashville controversy
On May 21, 2018, TENT members and the Transgender Law Center were "rejected" at Elliston Place IHOP in Nashville, Tennessee. IHOP issued an apology.
See also
Note
References
External links
- Texas Equality
- Texas Wins Campaign
- Texas Transgender Education Network
- Stonewall Democrats - Texas
- "Understanding Transgender Marriage in Texas Law", Politics ONTD , August 19, 2010
- "Will Texas Allow Transgender Marriage?", Family Law Blog of Houston , written by Laura Fishman, May 7, 2010
- "Texas and the Hate Crimes Act", Kos Daily , October 28, 2009
- Sensibilities of Our Forefathers: History of Sodomy Law in the United States - Texas, by George Painter
Source of the article : Wikipedia
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