School districts in other parts of Texas also told the Tribune that elementary school students are not informed about LGBTQ issues or identities. Following Obergefell v. Hodges, which mandates recognition of same-sex marriage in all states, legally married couples, whether of the same or opposite sex, also have the right to be considered adoptive parents, and the ban on issuing supplemental birth certificates showing two men or two women as parents ended on June 26, 2015. [42] [43] The bill states that students enrolled in public schools may only participate in sports competitions in the gender (or “gender”) category assigned to them at birth. This means that if the sex officially registered at birth differs from a person`s gender identity and expression, a person cannot participate in events or teams of that gender identity, but only those of their “original” gender. [152] The restriction applies to all K-12 public schools in Texas. The following universities have non-discrimination policies for students and staff based on sexual orientation, gender identity and gender expression. NOTE: Only jurisdictions with orders prohibiting discrimination in private employment are listed. Other places may have orders that apply to government employees and these are not listed. The degree of enforcement of these regulations may vary from one province or territory to another. This information is constantly changing, and we welcome suggestions for additions or changes.
If you have any questions about regulations or other aspects of the state profile, please contact MAP at info@lgbtmap.org. On June 26, 2015, the United States legalized same-sex marriage nationwide following the U.S. Supreme Court`s decision in Obergefell v. Hodges. [11] Since then, same-sex marriage has been legal in the state of Texas. In September 2015, it was reported that 2,500 same-sex marriage licenses had been issued in the state since June. [12] The HB25 bill is broader than the existing rules of the University Interschool League (UIL), which have a similar requirement that students can only participate in sports competitions with the same assigned sex group. However, the UIL rule accepts amended birth certificates that allow transgender people to participate with the opposite sex if this has changed in their official certificate. [156] HB25 does not have written guidance on how schools should implement and enforce the law, but the wording of the bill directs UIL to create this process.
[157] UIL`s language upholds Title IX, the federal law prohibiting discrimination on the basis of sex. [158] Lesbian, gay, bisexual, and transgender (LGBT) people in Texas enjoy some protection under state law, but may face legal and social challenges that others do not face. Same-sex sexual activity was decriminalized in the state in 2003 by Lawrence v. Texas. 26. In June 2015, the U.S. Supreme Court declared the ban on same-sex marriage unconstitutional in Obergefell v. Hodges. Texas has a hate crimes law that toughens penalties for certain crimes motivated by a victim`s sexual orientation, though it is rarely invoked. [4] Gender identity is not included in the Hate Crimes Act.
Texas did not have a statewide law prohibiting discrimination against LGBT people before the federal ban on discrimination based on sexual orientation or gender identity. However, some places in Texas have ordinances that offer LGBT people a variety of legal protections and benefits. In February 2022, Texas Attorney General Ken Paxton issued a legal opinion that sex-selective care for transgender youth under state law constitutes child abuse. [143] After that, Texas Governor Greg Abbott called on medical professionals and members of the public to report all transgender youth who received such care, and asked the Texas Department of Protective and Family Services to investigate parents for child abuse if they were helping their children receive gender-based care. [144] The ACLU filed a lawsuit on behalf of a family under investigation. [145] In March 2021, Texas courts fully recognized that LGBT people enjoy employment protections, based on the 2020 precedent of Bostock v. Clayton County Supreme Court of the United States (SCOTUS). [50] More recently, Texas was a plaintiff in a federal lawsuit seeking to speal certain LGBT protections on constitutional grounds.
[51] An estimated 429,000 LGBT workers in Texas face discrimination in the workplace without explicit statewide legal protection, according to a 2015 report co-authored by Christy Mallory, senior counsel, and Brad Sears, executive director of the Williams Institute at UCLA School of Law. Currently, some places in Texas prohibit discrimination based on sexual orientation and gender identity in employment in the public and private sectors, while others protect local government employees or employees of local government contractors from such discrimination. However, about 86% of Texas` workforce is not covered by these laws. [132] “Politicians who interfere with education, ban books, and target students because of their race, gender, or religion really have a direct impact on the bullying, harassment, and violence we see every day in our communities,” Martinez said. “Last year — from January 1 to January 31, 2021, there were over 10,800 Texan student [contacts] at Project Trevor because they were in crisis. And part of the reason they were in crisis was because their humanity was being debated on Capitol Hill. In April 2013, Texas Attorney General Greg Abbott, in response to a lawmaker`s request, issued his legal opinion that the Texas Constitution prohibits a political division of the state from providing benefits on the basis of a status such as “domestic partnership.” Because it`s “similar to marriage.” [35] In response, Travis County and Fort Worth officials defended the legality of their domestic partnership benefits,[36] as well as those of other jurisdictions that downplayed the significance of the statement. [37] [38] The Austin Independent School District decided in June 2013 not to provide health services to its employees` domestic partners,[39] but changed its position in August 2013.
[40] “Part of the strategy is to be so ambiguous that no one really understands the law. The effect is that teachers are silenced by the discussions,” said Paul Castillo, senior lawyer and student rights strategist for Lambda Legal, an organization that advocates for the civil rights of LGBTQ people. Nguyen added that for students in the district, Pride Week is more about activities than lessons. For example, students participated in community circles “where they could talk about what their family was like” or, for some campuses, watch a slideshow in the school canteens of different student families.