Texas AG says courts can't force state agencies to update trans people's IDs
Texas Attorney General Ken Paxton declared Friday that state court orders to change the sex markers on Texas birth certificates, driver's licenses and other state-issued IDs are no longer valid.
State agencies have already prohibited transgender people from changing the sex markers on their birth certificates and driver's licenses through internal policy changes last year. Paxton's new directive requires them to go further and revert back any sex marker changes that were the result of court orders. The directive is the first of its kind nationwide and marks yet another escalation in the state's nearly decadelong effort to restrict the rights of trans people.
'There are only two sexes, and that is determined not by feelings or 'gender theory' but by biology at conception,' Paxton said in a statement Friday. 'Radical left-wing judges do not have jurisdiction to order agencies to violate the law nor do they have the authority to overrule reality. In Texas, we will follow common sense and restore any documents that were wrongfully changed to be consistent with biology.'
Paxton's directive came via a nonbinding legal opinion in response to a request from Steven McCraw, director of the Texas Department of Public Safety (DPS), in September. McCraw asked the attorney general whether Texas courts have the authority to order state agencies to change a person's sex designation on government documents. If they don't, McCraw continued, do agencies like DPS have the authority to revert back sex markers for trans Texans whose documents were changed by court orders?
McCraw said in his request that there has been a 'years-long and state-wide effort to alter government records to reflect gender identity.' He added that judges who approve sex-marker changes on documents 'may do so with no scrutiny whatsoever,' citing local news reports about lawyers helping trans clients update their Texas documents.
Transgender advocates say IDs that accurately reflect a trans person's gender identity are critical to their safety. Documents that show their birth sex and not their lived gender, they say, can cause problems while going through airport security and traveling, starting a new job — where their ID could out them as trans to an employer — voting in elections or interacting with law enforcement.
However, McCraw said state documents are required to reflect sex, which he defined as 'a binary and fixed biological fact' referring to the presence of two X chromosomes or the presence of a Y chromosome, and that accurate identification 'has obvious implications for public safety.' Conservative officials have often cited a similar definition of sex, even though scientists estimate that 1.7% of people are born intersex, meaning they have sex characteristics that don't fit typical definitions of male or female.
Ash Hall, an LGBTQ policy and advocacy strategist for the ACLU of Texas, said nonbinding legal opinions, like Paxton's, cannot supersede court orders.
'State agencies have no authority to retroactively change anyone's valid legal documents,' Hall said in a statement. 'If state agencies attempt to implement this non-binding opinion, it would be an unlawful waste of resources that will not hold up in court nor stand the test of time. We should all have identity documents that match who we are as a matter of basic safety and Paxton cannot erase transgender Texans' right to exist.'
McCraw's letter and Paxton's legal opinion are the latest efforts from Texas officials to roll back the rights of trans Texans.
In 2023, the state enacted legislation that prohibits transition-related care for minors and barred trans student athletes from playing on school sports teams that align with their gender identities.
Many of the state's policy changes targeting trans people have circumvented the legislature, by agencies choosing to change their policies internally or by Paxton issuing legal directives for them to do so. In March 2022, after state lawmakers failed to pass a bill restricting transition-related care for minors, Paxton issued a legal opinion and directive that resulted in the Texas Department of Family and Protective Services opening child abuse investigations into parents who were suspected of having provided such care to their minor children, though the directive was later blocked by a judge.
The Texas Department of Public Safety and Department of State Health Services also both quietly prohibited trans people from updating the sex markers on their driver's licenses and birth certificates in August and September. The state justified those changes earlier this year citing an executive order signed by President Donald Trump that declares the federal government will recognize only two, unchangeable sexes.
So far this year, Texas lawmakers have introduced nearly 200 bills targeting LGBTQ people, according to Equality Texas, a state LGBTQ advocacy group.
Last week, Republican state Rep. Tom Oliverson filed a bill that could charge trans people with a state jail felony — punishable by up to two years in jail and a fine of up to $10,000 — if they identify their birth sex incorrectly on state documents or to employers. The bill doesn't have any other sponsors and is unlikely to pass, but it's the first of its kind in the nation.
Texas isn't alone in its efforts to restrict IDs for trans people. Florida agencies rolled out similar policies last year, and, as a result, the Florida Department of Highway Safety and Motor Vehicles has started invalidating drivers licenses it issued to trans people with updated sex markers and issuing them new licenses showing their birth sex.
This article was originally published on NBCNews.com
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Fox News
2 hours ago
- Fox News
USA Fencing changes policies that prioritized LGBTQ-friendly states, prevented playing of national anthem
USA Fencing's board of directors voted to amend its current policy that prioritized states with LGBTQ-friendly laws for host sites for competitions and a policy that prevented the playing of the national anthem at some events. The decision comes after months of criticism for punishing a woman fencer who refused to fence a trans opponent, which included scrutiny from federal lawmakers at a congressional hearing in early May. The changes were voted into effect at a board of directors meeting on Saturday. An official announcement states that USA Fencing "adopted a streamlined policy that applies criteria prioritizing cost, safety and convenience to every national-event bid across all 50 states." The new policy "ensures host cities meet stringent member-safety and cost-efficiency standards." Meanwhile, the board's new national anthem policy will go into effect at the 2025 Summer Nationals and will be reviewed annually by the tournament committee. "On recommendation of the tournament committee, the board adopted a uniform national anthem policy governing all USA Fencing national events," the announcement said, adding that the new policy will "provide consistent, respectful minimum guidance for honoring the flag and anthem across nine annual tournaments." Back in December, the board held a vote to play the national anthem at the start of tournaments before "all NACs and National Championships," but it was voted against 8-2 with one abstention. The previous host site policy, which was announced in November 2022, gave preference when selecting host cities for national tournaments to states without laws that "harm members of LGBTQ communities" and states that do not "have laws undermining the reproductive health of women." That policy went into effect in the 2023 season, the same year it changed its gender policy. It later released a list of states that it intended to "avoid where possible" and the states that it flat out would not allow hosting major events. The states on the "do not allow" list were Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee and Texas. The states on its "avoid where possible" list included Alaska, Arizona, Georgia, Idaho, Kansas, Kentucky, Nebraska, North Carolina, North Dakota, Ohio, Utah, West Virginia, Wyoming, Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas and West Virginia. The previous policy became one of the organization's biggest points of criticism after fencer Stephanie Turner ignited global backlash against the organization when she recorded a video of her kneeling in protest of a trans opponent during a competition in Maryland in late March. The footage went viral amid news that Turner was disqualified from the event and dealt a black card for refusing to fence. The controversy was then the subject of a federal hearing on May 7. The Department of Government Efficiency (DOGE) Subcommittee's "Unfair Play: Keeping Men Out of Women's Sports" saw Turner testify against USA Fencing chair Damien Lehfeldt. Lehfeldt took harsh criticism from Republican lawmakers for the organization's transgender inclusion and host site selection policies. DOGE Subcommittee Chairwoman Rep. Marjorie Taylor Greene, R-Ga., called out the organization for its host city policy. "In selecting sites for its national fencing events, for instance, the board policy is to avoid states whose laws and policies on LGBTQ rights and abortion it opposes. It uses 'Equality Maps' to determine which states to blacklist from its competitions, and which to favor," Greene said. "This ends up favoring a lot of blue states and harming a lot of red ones. So, it creates politically-determined winners and losers — but it has absolutely nothing to do with fencing. And it contradicts USA Fencing's statutory duty as an NGB to 'develop interest and participation throughout the United States' in fencing." USA Fencing also announced that it is preparing to change its current policy that allows trans athletes to compete in the women's category back in April. "In the event that USA Fencing is forced to change its current stance in accordance with oversight bodies or federal legislation, the new policy states athletes competing in USA Fencing-sanctioned tournaments must compete according to their biological sex," the announcement read. The proposed updated policy ensures that the women's category "will be open exclusively to athletes of the female sex." The men's category "will be open to all other athletes who are otherwise eligible for competition." Follow Fox News Digital's sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
Miami Herald
5 hours ago
- Miami Herald
In Trump's America, Wilton Manors Pride learns who its real allies are
Backstage at Georgie's Alibi Monkey Bar, a popular LGBTQ club in Wilton Manors, Jacob Smith carefully removed his gravity-defying, bejeweled blonde wig and light pink costume. The 29-year-old dabbed sweat from his forehead and tried to catch his breath after lip syncing to the Black Eyed Peas. He moved to South Florida from Iowa six months ago and is still getting used to the heat. Smith, also known as drag queen Barbie D., quit his corporate job, packed up his wig business and drove 23 hours straight down to South Florida where — unlike in Iowa — the local LGBTQ community is 'so alive and fearless and proud.' But while Smith has been chasing his dreams performing at local bars and selling custom-made wigs, he said President Donald Trump's policies and 'anti-woke' agenda have really taken a toll on him, his business and his community. 'It's sort of like a deer in headlights,' Smith said backstage as the crowd cheered for a performer in the bar. 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The governor faced backlash on Thursday when his statement on the anniversary of the Pulse nightclub shooting did not mention LGBTQ and Hispanic communities, despite the fact that the shooter targeted the gay nightclub during 'Latin Night.' Pride Month, which commemorates the 1969 Stonewall riots in New York City, is typically marked by parties, festivals, parades and drag shows. But this year, as Wilton Manors prepares for its 25th annual Pride parade and festival on Saturday, organizers and community members say the celebration has taken on a whole new meaning. 'I'm really hearing from the community how much more significant these celebrations are,' said Jameer Baptiste, the Wilton Manors Stonewall Pride Parade and Street Festival president. 'Throughout the years, you notice that people are here to celebrate and have fun, and the message that was once the prominent understanding of why [Pride] started gets lost in the fun and celebration of it all. But this year, you're hearing that this is more than just a celebration. This is a moment of solidarity and a show of unity to the public.' Serving the community despite setbacks More than 50,000 people are expected at the Wilton Manors Pride block party, filling six Wilton Manor city blocks with vendors, food and entertainment from 3 to 11 p.m. on Saturday. At 8 p.m., the Glow Night Parade will feature glow-in-the-dark floats and vehicles lighting up the streets. The festivities, which cost $1 million, are funded by a number of sponsors, like the AIDS Healthcare Foundation and Absolut. But this year, Baptiste said, the event lost about a third of its typical corporate sponsors. The lack of support is significant, he said, especially when the security bill alone is six figures. Trump signed an executive order the day after he was sworn into office that rescinded the federal government's DEI policies and encouraged the private sector to do the same. LGBTQ advocates say the Trump administration's anti-DEI stance has deterred some corporations and brands from recognizing Pride month. 'To see corporations that once were excited to be part of our experience and our celebration are no longer part of that does leave a bitter taste in the mouth,' Baptiste said. Corporate support at Pride events has been a hot button issue in years past, with some community members arguing against the commercialization of Pride given its origins as a protest. Others warned that corporate support of LGBTQ rights may be superficial and purely for financial gain. 'Some of those individuals feel validated now,' Baptiste said. 'Was it a good thing that [corporations] are coming in or are they just coming in for the rainbow dollars? You're actually seeing that play out in front of your eyes,' Baptiste said. 'Because of what's going on, there are some corporations that are like, 'No, our commitment to the LGBT community is solid, regardless what may come out of it.' And then there's other ones that are like, 'We can't take the risk.'' SunServe, a Wilton Manors LGBTQ non-profit that offers free mental health and social services, is in the same boat, said CEO Tony Lima. Traditional corporate support for the organization dropped by 40 percent this year. And if the president's sweeping 'big beautiful bill' comes to fruition, SunServe will 'lose our housing focus completely,' Lima said. About 1,000 South Floridians benefit from SunServe's housing services. Now, Lima said he and his team have to get creative to ensure its services for the 4,000 clients SunServe aids each year. Need for the group's mental health services increased 'exponentially' in the last six months because of anti-LGBTQ rhetoric and political policies, Lima said. 'What in the past has been political rhetoric is becoming real life, palpable attacks on our community,' Lima said. 'There's 100 people walking with us or on our [Pride] float that are really interested in not only celebrating Pride, but also showing that we're here and we're not going anywhere. We're not scurrying away because this administration doesn't have a tolerance for us.' Other local LGBTQ cultural institutions and non-profits have had to lean in on community support as corporate funding dries up. Earlier this year, the Stonewall National Museum, Archives & Library in Fort Lauderdale was abandoned by its usual corporate sponsors leading up to its fundraising gala on March 1. The museum had also lost state funding when Gov. Ron DeSantis cut all arts and culture grants last year and support from federally-funded foundations. After news reports of the museum's woes, individual donors sold out tickets to the gala. 'Lots of organizations are hurting for money, but they're still going to come out big for Pride,' said Robert Kesten, the Stonewall Museum executive director. 'I think that people are very excited about Pride, but people are tentative. There's so much uncertainty.' Kesten said his main concern this Pride Month is 'preserving our democracy' to safeguard the rights of all marginalized groups. He's heard a lot of talk among the LGBTQ community about next year's midterm elections and serious concerns over the safety of transgender people, especially transgender women of color. 'You're only as safe as your weakest link,' he said. Parties and protests On the first Sunday of every month at Georgie's Alibi a new party encourages South Florida's transgender community to leave their problems at the door — at least for a couple hours. 'When we leave this club, when we leave this show, we're all going to worry about if you can get your documents updated, if you can access your hormones, if you'll still be able to do this, do that,' said Ariesela Diaz, a transgender woman, Miami drag performer and producer of Transtasy, a monthly drag show featuring transgender performers. 'But for right now, for these two hours, we're going to enjoy each other's company and be a family.' Diaz, 25, said her life is a testament to the power of community in hard times. Born and raised in Miami, Diaz started doing drag when she was 21 and living with her grandmother. But after her grandmother's death, she couldn't afford rent and became homeless. She performed in drag to survive, eventually moving into a spare room with friends she considers her chosen family. With hard work and community support, Diaz and her drag sister were able to get their own apartment and car. Now, Diaz is producing two regular shows: Doll Linkup in at Villain Theater in Little Haiti every Friday and Transtasy, the first show of its kind in Wilton Manors. Both shows have been a success, she said. Even when Transtasy falls on the first of the month when rent is due, supporters still show up to party. The drag shows have also been an opportunity for transgender folks to find nonprofits and resources may they need, Diaz said. The Transtasy and Doll Link Up performers often text each other information on everything from free food to clothing. 'You never know what girl needs what,' Diaz said. 'What I've learned is the importance of trans visibility. We share our stories to create understanding,' Diaz said. 'Dolls can do anything. We're not going anywhere. Sharing my experiences and my struggles and my wins with everybody has really gotten me into new spaces I've never been before.' Sin Silva, the Alibi show producer, said that while LGBTQ community members feel frustrated with the Trump administration, Wilton Manors Pride is an opportunity to uplift each other. 'With us queer people, we are always going to fight. We're always going to push and shove and make sure that we are celebrating each other and who we are,' Silva said. 'And we should always be doing that, with or without Trump, we need to be strong together and taking care of each other.' Standing backstage at Georgie's Alibi, finally catching his breath after performing as Barbie D., Smith agreed. 'Don't forget why we have Pride, because the previous generation before us fought for this, and it wasn't pretty,' he said. 'We have to be ready to do that at any moment. That moment may be now.' Smith won't be able to make it to the festival in Wilton Manors, though. He'll be at an anti-Trump protest instead. If you go What: Wilton Manors Stonewall Pride Parade and Street Festival When: 3 p.m. - 11 p.m. June 14. Parade starts at 8 p.m. Tickets: $13 at door. $10 for pre-sale available online at Info:
Yahoo
11 hours ago
- Yahoo
A $20 billion effort to avoid calamity: Here's what Texas lawmakers did to save the state's water supply
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'One of the great things about the legislative session around water is it is more of a bipartisan issue,' said Jennifer Walker, director for the Texas Coast and Water program with the National Wildlife Federation. 'And there's a great community of folks working together to find solutions.' Here's a look at some of the actions lawmakers took on water. A significant victory was House Bill 29 by Rep. Stan Gerdes, R-Smithville, which targets water loss in large utilities with over 150,000 service connections. The bill requires regular water loss audits, external validation of the data, and the development of mitigation plans. Utilities that fail to comply face administrative fees. 'We need to make sure that we are using the water supplies that we already have as efficiently as possible,' Walker said. A recent report by the National Wildlife Federation found that 516 water utilities plan to save over 270,000 acre-feet of water per year by 2034 — enough water to meet the annual water needs of 1.7 million Texans — through conservation strategies like leak detection and minimizing water loss. Another bill, House Bill 517 by Rep. Caroline Harris Davila, R-Round Rock, prohibits homeowners' associations from penalizing residents for having brown or dormant lawns when water use is restricted. This bill would ensure that homeowner associations participate in water conservation measures. It was signed by the governor and goes into effect Sept. 1. One bill by Sen. Juan 'Chuy' Hinojosa seeks to address flood mitigation and drought concerns. Senate Bill 1967 expands what kinds of projects that can be awarded money from the flood infrastructure fund. 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Lawmakers approved $7.5 million to support groundwater conservation districts in collecting better data and conducting scientific research. Groundwater — water that is trapped between rock formations under ground — makes up more than half of Texas' overall water supply. The state water plan projects a decline by 32% by 2070, which will make water even more scarce for communities that depend on groundwater. The Texas Water Development Board, the state agency that oversees Texas' water supply and funding, will administer grants to local groundwater districts — particularly those with limited budgets — to carry out projects focused on groundwater modeling, data collection, and science-based planning. Vanessa Puig-Williams, senior director of climate resilient water systems at Environmental Defense Fund, said Texas lacks localized data that helps groundwater districts understand how to manage and plan. 'This kind of information would allow them to make better permitting decisions, better planning decisions as part of the desired future condition process, and helps to improve our regional water planning process,' Puig-Williams said. She added that 68% of Texas' groundwater conservation districts operate on annual budgets under $500,000 and have struggled to fund robust scientific research. In a related move, the Legislature also included a provision in the new infrastructure package that restricts public funds from being used to export fresh groundwater from rural areas — aimed at protecting local aquifers and the communities that depend on them. Lawmakers also took strides toward ensuring the quality of Texas' water is protected. House Bill 3333 by state Rep. Eddie Morales prohibits the Texas Commission on Environmental Quality from issuing new wastewater discharge permits into The Devils River in Val Verde County. The river contributes 30% to Lake Amistad, which supplies water to the Rio Grande River. Senate Bill 1302, by Sen. Lois Kolkhorst, R-Brenham, brings more changes for the state's environmental agency. Currently, if a facility or entity has its permit to dispose of wastewater suspended due to violations, they can later reapply through the system and get an automated approval. Kolkhorst called it a loophole. Beginning Sept. 1, Texas law will prohibit these facilities from obtaining a discharge permit until it is actively authorized by the TCEQ executive director. The bill also prohibits the executive director from using an automatic process to authorize the use of a general permit. Kolkhorst referenced a sand mine discharging waste into the water at Cook's Conservatory and how the permit was denied. However, it was later secured through the same process. Even as lawmakers showed interest in solutions for the water crisis, several bills researching different methods died in the legislative process. One is House Bill 1501 by state Rep. Tony Tinderholt, R-Arlington. The bill would have instructed the Texas State University Meadows Center for Water and the Environment to study the feasibility of seawater desalination processes. House Bill 3728 by Rep. Penny Morales Shaw, D-Houston, which would have required salinity studies and standards to protect coastal bays and estuaries from seawater desalination, failed to pass. Walker said it highlighted growing concerns about the environmental impacts of desalination. 'It's a delicate balance,' Walker said. 'If we screw it up, we risk having problems with the habitat for the plants and animals that are there — and it may be difficult or expensive or impossible to fix. We need to go in with our eyes wide open and make good choices so we can have water for our communities without damaging our coastal ecosystems.' Disclosure: Environmental Defense Fund has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. Big news: 20 more speakers join the TribFest lineup! New additions include Margaret Spellings, former U.S. secretary of education and CEO of the Bipartisan Policy Center; Michael Curry, former presiding bishop and primate of The Episcopal Church; Beto O'Rourke, former U.S. Representative, D-El Paso; Joe Lonsdale, entrepreneur, founder and managing partner at 8VC; and Katie Phang, journalist and trial lawyer. Get tickets. TribFest 2025 is presented by JPMorganChase.
