Bills would protect parents who misgender their kids, require biological sex in state data

AUSTIN — The Texas Senate passed a pair of bills in the wee hours Wednesday that would protect parents who misgender their children and require state government data to reflect people’s biological sex.

Both proposals now head to Gov. Greg Abbott’s desk to be signed into law.

The misgendering legislation exempts from state definitions of abuse a parent’s refusal to affirm their child’s gender identity or sexual orientation. That includes not using the child’s preferred name or pronoun, regardless of whether the child’s name was legally changed.

“There, unfortunately, have been many instances where abuse was alleged against parents on this basis,” Sen. Bob Hall, R-Edgewood, said Tuesday. “When abuse is alleged against parents, subsequent trauma and cost is inflicted upon the family by the state and the court system. While this is sadly warranted in cases where there is abuse — and it’s legitimate — we are not in the business of allowing this to happen unnecessarily.”

Sen. Molly Cook, D-Houston, said expanding the definition of abuse to include exceptions is dangerous.

“No child in Texas has ever been removed because their parents … misgendered them,” she said early Wednesday morning. “This is the only instance in code of defining what is not abuse, which I think is really dangerous, because LGBTQ children complaining of abuse and neglect will be dismissed.”

The House passed the bill on May 14. In that chamber, LGBTQ Democrats shared personal recollections of abuse they endured as children, and others expressed skepticism that the legislation was about parental rights and concern that its passage could shield abuses from being investigated.

“It is important to note that this bill does not protect cases of legitimate abuse — only those where this action is the sole basis of an allegation of pronoun use,” Hall said Tuesday. “A parent choosing not to affirm their child’s chosen gender identity may be difficult for that child. However, grounds of abuse and neglect are highly serious grounds and will most surely lead to further damage for these children and their families.”

Opponents have warned that LGBTQ children whose parents reject their identity could face increased rates of suicidal thoughts, depression and homelessness, in addition to forced attempts at conversion therapy or retaliation from parents.

“This bill will hurt children,” said Sen. José Menéndez, D-San Antonio, who warned the measure would send a concerning message to the state’s LGBTQ youth. “We have to understand that we don’t get to decide how these children see themselves.”

The other bill would define what’s a boy, girl, male, female, man, woman, father and mother. That legislation requires the state government’s vital statistics data to identify individuals as male or female.

Speaking after midnight Wednesday, Sen. Mayes Middleton, R-Galveston, said the bill is necessary because it codifies a January letter from Abbott to state agencies that says Texas only recognizes two sexes — male and female.

“Across the country, we are witnessing the consequences of a radical ideology that seeks to erase the biological reality of sex,” he said. “And this bill ensures that in Texas law, that there are only two sexes — male and female — and that no amount of political pressure can change that.”

The bill, which passed the House on May 12, includes legislative findings that distinguish biological differences between men and women. For example, the bill notes only women can get pregnant, give birth and breastfeed and that men are generally bigger, faster and stronger.

One provision says “equal” doesn’t mean the same or identical in the context of biological sex and that “separate is not inherently unequal,” echoing 19th-century language from the U.S. Supreme Court that legalized racial segregation.

The bill cites sports, prisons, domestic violence shelters, locker rooms and restrooms as examples of “legitimate reasons to distinguish between the sexes” to protect the safety and privacy of biological women.

Menéndez warned language in the bill could erode women’s rights and would ignore nonbinary and transgender Texans.

“In this bill, you specifically chose to start by laying out a series of arguments, which I fear could provide a legal basis to treat women as a different class of people,” he told Middleton. “I have seen a growing concern of legislation like this, and it could be used to erase the existence of nonbinary and transgender Texans.”

Middleton countered that his bill would protect women and is a common-sense measure that reflects reality.

Cook suggested the legislation was unconstitutional, pointing to a similar law in Montana that was struck down. She echoed Menéndez in saying it would erase anyone who doesn’t conform to binary definitions of sex and gender.

“This is about freedom, safety and privacy,” Cook said. “And with all due respect, Sen. Middleton’s bill flies in the face of all those principles.”

The Senate passed both bills in a span of about 15 minutes after 1 a.m. Wednesday.