Southern Queer Newsroom
Texas Senate Passes Bathroom Ban With Massive Penalties Along Party Lines
In the previous special session called by Governor Greg Abbott, Texas Democrats by and large fled the state to Illinois and other blue strongholds to protest new gerrymandered district maps that would have reduced the number of Democratic seats in the U.S. House by 5. By leaving, they also prevented necessary flood disaster relief and an even worse bathroom ban than was already implemented by the state.
Previously designated SB7, Senate Bill 8 is exactly the same legislation, laying out $5,000 fines against "political subdivisions or state agencies" (including schools, universities, and county buildings) for first-time offenses of a transgender person using a bathroom the state has decided is off-limits, $25,000 fines for repeat offenses, and allows individuals to sue if they believe any person has violated this ban. Testimony from people opposed to this legislation cited the ease with which the bill could be abused, and gave multiple instances where cisgender women were harassed by security guards and random people for not appearing feminine enough while using the women's restroom.
"Current assault laws protect women in restrooms. This bill does not make them safer," said Oxford while testifying before the State Affairs committee on Friday. "It opens them up to harassment – or worse – from presumptious, incorrect, natal males." Osford cited multiple instances of this harassment within this year alone, including the recent alleged harassment a cis black lesbian experienced in a Buffalo Wild Wings bathroom.
The bill went to a full Senate vote on Tuesday, August 19, and Democratic lawmakers where uniform in their denouncement of the bill. "This bill raises serious concerns about protecting the rights and dignity of every Texas," said Sen. Judith Zaffirini, who also criticized the bill's strict definitions of sex, which erases all intersex development and identity as "congenital anomal[ies]."
"I have never, never heard a complaint about this issue existing in our public schools. Never," said Sen. Juan Hinajosa, accusing Texas Senate Republicans of "creating a solution for a problem that does not exist." Sen. José Menéndez echoed this in his own speech.
All four senators who spoke on the bill—Zaffirini, Hinajosa, Menéndez, and Molly Cook—are Democrats and spoke against the legislation. "Trans people have always existed, they will continue to exist after this ban, and they are not a threat to my or your public safety," said Sen. Cook.
No Republicans spoke in favor of the ban on the Senate floor except to move for final passage, as Sen. Mayes Middleton invoked "common sense," a recurring phrase used by opponents of transgender Americans in their campaign for human rights.
When the votes came in, the tally was 19 ayes, 11 nays. Every Texas Senate Democrat opposed this bill. The bill is currently waiting to be heard by the House State Affairs Committee, which has not scheduled a hearing for this bill on their website.
You can find the full Senate Committee on State Affairs hearing on SB 8 here, and the Senate debate and vote here, from 16:30 to 30:11.