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Yahoo
6 hours ago
- Politics
- Yahoo
Trans Texans brace for life under strict sex definition law
It was in a San Antonio courtroom in 2015 that Leo Tyler felt he became who he was always meant to be. The 17-year-old had long known he was trans, but it didn't feel real until a judge agreed to change the name and gender on his government documents. 'It was euphoric,' Tyler, now 27, recalls. 'Walking out of that courtroom, I felt so seen.' Tyler was the youngest in a group of people changing their gender markers that day. On the steps of the courthouse, they all embraced him, crying tears of joy over the idea that he'd get to live his whole adult life on his own terms. ''This is something no one can ever take away from me,'' he remembers thinking. But now, just a decade later, Tyler finds himself in limbo, waiting to see whether the state of Texas will require him and other trans people to live as the sex they were assigned at birth, rather than the gender they identify as. House Bill 229, which the governor is expected to sign into law, enforces a definition of sex based on the reproductive system someone was born with — women produce ova, men fertilize them. This definition could now be applied across state statute, leaving trans people and lawyers rushing to understand what exactly will change as a result of this law. 'The question of the hour is how will [HB] 229 be enforced and applied,' said Sarah Corning, a legal fellow at the ACLU of Texas. 'What we do know is that it's incredibly disrespectful to so many Texans the Legislature represents, and completely disregards their identity.' Compared to past legislative sessions, where battles over bathrooms, drag shows and gender-affirming care sparked dramatic showdowns between lawmakers and community members, the 2025 session was remarkably quiet. But HB 229 and the handful of other bills that passed may end up having even more significant consequences for LGBTQ people than many people realize, Corning said. The ripple effect will likely take years to sort out. Tyler, who works at a shelter for LGBTQ youth and runs support groups for trans people, is struggling to provide his community with answers he himself doesn't have. Carrying a driver's license that says he's a woman would 'be like I'm carrying an ID of some random person,' Tyler said. 'That name, that photo, that doesn't reflect who I am. I could just see it causing a lot of confusion, and for what?' LGBTQ advocates went into this legislative session unsure of what to expect. It had been a bruising few years, with Texas lawmakers pushing more, and more aggressive bills than any other state. In 2023, they banned trans athletes from playing college sports, as they'd done for K-12, prohibited children at drag shows and banned certain gender-affirming medical care for minors. Protesters turned out in full force, leading to arrests in the House chamber. The issue only became more prominent during the 2024 presidential election, where Republicans spent more than $200 million on round-the-clock anti-trans ads hammering Vice President Kamala Harris and other Democratic candidates. Immediately after entering office, President Donald Trump signed an executive order asserting there are only two sexes, male and female. Texas Governor Greg Abbott followed with a similar order for Texas, and the Texas Department of Public Safety began refusing to change gender markers on drivers' licenses, even with court orders. Amid all this upheaval, it wasn't immediately clear what Texas legislators' next priorities would be on this front, Jonathan Gooch, communications director at Equality Texas, said in April. 'Having had such an aggressively anti-trans legislative session in 2023, they accomplished a lot of things they wanted to do, and now the federal government is doing a lot of what they'd hoped,' he said. 'That's left Texas [lawmakers] to dig into some of the finer details, which are less obvious to most people.' The bills that gained traction this session were more nuanced and harder to understand, which Brad Pritchett, CEO of Equality Texas, said was intentional. 'This year, they have tried to hide the discrimination in bills that are more and more complicated,' he said at a rally, adding that legislators were hoping people's 'eyes glaze over' as they chipped away at health insurance and discrimination protections for trans people. One new law will require health insurers that cover gender-affirming care to also cover all costs related to detransitioning or any adverse effects. Or, as bill sponsor Rep. Jeff Leach, R-Allen, summarized it, 'if you take somebody to the dance and they want to go home, then you have to take them home.' Democrats argued that this would disincentivize health insurers from covering gender-affirming care by significantly raising the costs, and filed more than half a dozen amendments to narrow the scope of the bill, to no avail. A related bill that passed will require medical records to list someone's birth sex, even if they've transitioned, which advocates worry will lead to discrimination. 'However you couch it, [this legislation] is about eliminating the existence of trans individuals in Texas,' Rep. Ann Johnson, a Democrat from Houston, said during the debate. 'Stop pretending that you're for freedom. Stop pretending that this is about the kids." The most high-impact bill, though, was HB 229, the 'sex definition' bill. The preface to the bill said this strict sex definition would be applied across bathrooms, prisons, shelters and sports teams, although legal experts say it is likely contained to anywhere sex is already explicitly mentioned in statute. Supporters call it the 'Women's Bill of Rights,' and said it was necessary to protect women-only spaces from the intrusion of men. 'If we can no longer define what a woman is, we cannot defend what women have won,' Rep. Ellen Troxclair, an Austin Republican, said on the floor. 'We cannot protect what we cannot define.' But for trans people, this strict definition leaves them in purgatory, unsure what exactly will change and where exactly they belong. Ian Pittman, an attorney who has helped dozens of trans people change their gender markers, said it's hard to imagine the state combing back through every individual drivers' license and birth certificate to find ones where the gender marker was changed. He anticipates this might come up when people renew their licenses, but it would depend on each individual case. He's more worried about the 'butterfly effect' of how this definition will come to be used across state and local laws, whether or not HB 229 actually applies to that particular statute. While many trans people celebrated the fact that a 'bathroom bill,' which requires people to use the bathroom that aligns with the sex they were assigned at birth, didn't pass this session, Pittman said the sex definition law could potentially end up having the same impact on the ground. 'There may not be a bathroom ban, but someone might say, since we have 'woman' defined in the government code, this courthouse bathroom is now only for people who are women by the government code definition,' he said. 'It's going to be used as a sword, not a shield.' For trans people like Tyler, who are living fully as the gender they identify with, carrying documents that say they're a different sex would require outing themselves anytime they fly, apply for a job, try to get a loan, are pulled over, or go to a bar, he said. 'I feel like, this is me, and I just want to have a job, and put food on the table, and pay bills, and it's very upsetting that they just threw this bill … down and now it could impact all of that,' he said. 'I've had to take time away just to cry because it gets very depleting.' Ryan McBride has been on testosterone and living as a man for two years. But he hadn't yet changed his gender marker, in part due to fear that he would face discrimination at the doctor's office. Now, he worries that he missed the window. He watched the Legislature closely this session, refreshing its website multiple times a day to see what bills were passing, and what they might mean for him and his community. When lawmakers gaveled out on June 1, he breathed a sigh of relief, taking a moment to celebrate that they didn't go further than they did. 'Weird start to Pride Month,' he said wryly. But even before any bills have gone into effect, living as a trans person in Texas has already become harder, he said. He's faced an uptick in unwanted attention, which he attributes to everyday people who previously had no awareness of, let alone opinion on, trans people suddenly becoming hyper-aware of any gender diversity. 'I've been ma'am-ed a lot more, and I was worried I'm not passing as well anymore, but I've heard this from other trans people that they're getting it too,' he said. 'No one is neutral anymore, it seems like, everyone is either really supportive or really opposed,' This is part of the long-term goal of all the bills that passed this session, Pittman said. Even if they don't change everything overnight, it's part of a campaign to make Texas inhospitable to trans people, to make them move, or live as the sex they were assigned at birth. 'It's more about creating confusion and it's meant to foment a divisive atmosphere and just make people wonder, do I really want to live in Texas as a trans person, where everything is becoming so hostile?' he said. Disclosure: Equality Texas 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.
Yahoo
01-05-2025
- Politics
- Yahoo
Governor Abbott in Houston pushing for bail reform
HOUSTON - The governor says this proposed change to the Texas Constitution will save lives. Critics say it will keep more defendants awaiting trial in an already overcrowded jail. In a press news conference, Abbott pointed out in the Houston area alone, there's been more than 200 cases of dangerous offenders free from jail on bond killing innocent Texans. For five years, FOX 26 has reported on the issue of repeat violent offenders free from jail on multiple felony bonds committing even more crimes in our ongoing series, "Breaking Bond." A bill, being called a priority by the governor, would change the Texas constitution giving felony court judges more discretion. Currently, all defendants charged with felonies can bond out of jail except for capital murder. Under the purposed amendment, judges could deny bond for other violent crimes, like murder, aggravated kidnapping, and aggravated assault with a deadly weapon. It would also make judges more accountable to voters. The Harris County Criminal Lawyers Association says less than one-tenth of a percent of defendants on bond commit new crimes. The ACLU of Texas says it fears defendants will lose due process rights. If lawmakers pass the change, voters will make the ultimate decision. The Source FOX 26 Reporter Randy Wallace attended Texas Governor Greg Abbott's news conference on Wednesday in Houston.
Axios
23-04-2025
- Politics
- Axios
Texas bill would criminalize wearing masks at protests
Texas lawmakers are trying to ban the use of face masks during protests. Why it matters: Authorities at the local and national levels have cracked down on protests over the past year, from mass arrests at student encampments last April to Houston officials pushing to restrict residential demonstrations. State of play: Senate Bill 2876 would increase the criminal penalty for participating in a riot while wearing a mask or other face covering. The bill states that it would be a misdemeanor crime if a person were masked with the intent to conceal their identity. Between the lines: Demonstrators in politically charged protests say they're frequently labeled as rioters even when gatherings remain peaceful. What they're saying: Bill sponsor Sen. Bryan Hughes (R-Mineola) wrote in a description of the bill that the use of face coverings "during incidents of disorderly conduct" has become increasingly common and claimed that protesters "wear masks with the specific intent to cause harm and chaos while avoiding accountability." "Face coverings present a major obstacle to law enforcement, making it difficult to identify suspects in large crowds," he added. Flashback: Protesters began wearing masks more frequently during the 2020 uprisings following George Floyd's murder, both as a public health measure and as a shield against retaliation. Today, demonstrators still wear masks for public health reasons but also to protect against surveillance, doxxing, and long-term consequences — concerns that remain acute for students and immigrants. The latest: The bill passed unanimously in a committee last week and could soon head to the Senate floor. This week, the bill was placed on the local and uncontested calendar — typically reserved for legislation with broad support — which suggests it's likely to pass the Senate. The other side: It seems "impossible to prove" intent when someone wears a mask at a protest, Brian Klosterboer, senior staff attorney at the ACLU of Texas, tells Axios. He calls the bill vague and says it would be "based entirely on speculation." It would be hard to tell if someone was masking to conceal their identity, protecting themself from COVID, or just wearing a motorcycle helmet for safety near a rally, Klosterboer adds. He says the bill is "unnecessary," noting that under existing Texas law, police can already demand identification from anyone causing damage or destruction. "There's no real reason for this increased penalty just for wearing a mask. People wear masks for all different reasons, including the police. We've seen videos recently of ICE agents, they often wear masks," Klosterboer said.
Yahoo
14-03-2025
- Politics
- Yahoo
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
