Advocates for transgender Texans hold rally against private spaces ban bill
AUSTIN (KXAN) — Representatives of several activist groups will hold a press conference Wednesday to oppose a special session bill, which they say would create an “unenforceable” ban on transgender women’s use of restrooms and shelters.
“Women and survivors of violence have been repeatedly used as justification to exclude trans women from public restrooms. Now, women from all walks of life are coming together to say, ‘not in my name,'” reads a Tuesday press release from liberal advocacy group Equality Texas.
The rally will include speakers from Texas AFL-CIO, Black Freedom Factory, Austin LGBTQ Chamber, Human Rights Campaign, Democrasexy, the Transgender Education Network of Texas, Texas Freedom Network and Equality Texas. Former candidate for Texas governor Wendy Davis is also scheduled to speak.
“We know that trans women are four times more likely than cisgender women to be the victims of violent crimes,” the release reads. “There is no way to police bathrooms without subjecting women and girls to invasive investigations demanding ‘proof’ of gender.”
The press conference will begin at 10 a.m. outside of the Texas Capitol and will be livestreamed, the release said.
What’s in the bill
House Bill 32, filed by Rep. Valoree Swanson, R-Spring, is titled the “Texas Women’s Privacy Act.”
It would require the state’s political subdivisions to prevent people from using sex-segregated “multiple-occupancy private spaces” that don’t align with their sex assigned at birth. The law would apply to restrooms in government buildings and public schools, as well as jails and prisons.
“A political subdivision or state agency shall ensure each multiple-occupancy private space in a building the political subdivision or state agency owns, operates, or controls is designated for and used only by individuals of the same biological sex,” HB 32 reads. “A political subdivision or state agency shall take every reasonable step to ensure an individual whose biological sex is
opposite to the biological sex designated … does not enter the private space.”
The bill would allow Texas’s Attorney General to investigate and fine any political subdivision for violations. As introduced, HB 32 wouldn’t allow for fines or legal actions against individual persons.
Lt. Gov. Dan Patrick announced this week that Senate Bill 7 will be his chamber’s companion to the bill. It hasn’t been filed yet. Both bills fall under Gov. Greg Abbott’s special session topic of “legislation protecting women’s privacy in sex-segregated spaces.”
HB 32 was one of the first bills filed ahead of the session.
Prior attempts ended in failure, lacked evidence
The text is near-identical to SB 240, which Sen. Mayes Middleton, R-Galveston, filed during the regular session of the legislature. It passed in the Texas Senate but died in the Texas House.
During floor debate, Democratic senators asked for evidence supporting his bill’s necessity. Middleton didn’t provide any and instead repeatedly called it “common sense.” He also pushed back against the idea of commissioning a study related to the topic.
A bill with a similar goal failed during the 2017 regular session of the state legislature. Abbott called a special session in 2017 that included the topic; it also failed to pass.
The 2017 bill was filed by Sen. Lois Kolkhorst, R-Brenham. It was also met with requests for her to provide data or evidence of a problem.
“In the crimes that I’ve looked at, in the most intimate settings, none have identified as a transgender,” Kolkorst said during a 2017 committee hearing on her bill.
