LGBT rights in Texas

Lesbian, gay, bisexual, and transgender, queer (LGBT) people in Texas face legal and social challenges and discrimination not faced by other people. Same-sex sexual activity is legal in the state. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges. Texas has a hate crime statute that strengthens penalties for certain crimes motivated by a victim's sexual orientation, although it has never been invoked. Gender identity is not included in the hate crime law. Even though federal law prohibits employment discrimination based on sexual orientation or gender identity, there is no statewide law banning anti-LGBT discrimination. However, some localities in Texas have ordinances that provide a variety of legal protections and benefits to LGBT people.

LGBT rights in Texas
StatusLegal since 2003
Gender identityTransgender people can change gender after surgery
Discrimination protectionsNo statewide anti-discrimination laws, some city protections
Family rights
Recognition of relationshipsSame-sex marriage since 2015
AdoptionYes

Despite Texas' reputation as a socially conservative state, a majority of Texans support same-sex marriage and anti-discrimination laws for LGBT people.[1]

Laws regarding same-sex sexual activity
See also: Sodomy laws in the United States before 2003

Until the U. S. Supreme Court in 2003 declared sodomy laws unconstitutional in Lawrence v. Texas, certain sexual acts between persons of the same sex were a criminal offense in Texas, termed "deviate sexual intercourse",[2] The offense was a Class C misdemeanor, punishable by a fine not to exceed $500.[3] As of January 2018, Texas was one of the three states to still have statutes criminalizing same-sex sexual acts, alongside both Oklahoma and Kansas.[4][5] The Legislature has failed to act on several proposed bills that would repeal the Texas statute.[6]

Recognition of same-sex relationships

Marriage
Main article: Same-sex marriage in Texas

The first legal challenge to Texas' ban on marriage between two people of the same sex came in 1972 when Travis Co Attorney Ned Granger requested an opinion from Attorney General Crawford Martin on the legality of issuing such licenses. Martin issued an opinion that, despite the lack of a specific prohibition against same-sex marriage in statute, it was not legally permitted.[7] In 1973, the Texas Family Code was amended by House Bill 103 to explicitly state that a marriage license may only be issued to a man and a woman. HB 103 became effective on January 1, 1974.[8]

In 1997, Texas banned the issuance of marriage licenses to same-sex couples. Additional legislation in 2003 forbade the recognition of any same-sex marriages or civil unions. In 2005, voters approved a referendum that added those restrictions to the Texas Constitution.

On February 26, 2014, Judge Orlando Luis Garcia, of the United States District Court for the Western District of Texas, found that Texas's ban on same-sex marriage was unconstitutional.[9] On April 23, 2014, Judge Barbara Nellermoe, of the 45th Judicial District Court of Bexar County, found that Texas's ban on same-sex marriage was unconstitutional.[10] Both cases were appealed by Texas Attorney General Greg Abbott.[11][12]

In February 2015, two state judges in Travis County held the state's ban on same-sex marriage unconstitutional. One ordered the recognition of a common-law marriage between two women and the other order the county clerk to issue a marriage license to two women. They obtained their license and wed before Attorney General Ken Paxton obtained stays from the Texas Supreme Court and asked that court to void the marriage license.[13]

On June 26, 2015, the United States legalized same-sex marriage nationwide due to the U.S. Supreme Court's decision in Obergefell v. Hodges.[14] 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.[15]

Domestic partner benefits
Main article: Recognition of same-sex unions in Texas
Map of Texas counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

Austin,[16] Dallas,[17] Fort Worth,[18] El Paso,[19] Houston,[20] and San Antonio[21] provide health insurance to domestic partners of city workers. In 2001, 52% of Houston voters approved Proposition 2, an amendment to the city charter prohibiting the city from providing domestic partner benefits for city employees.[22] The amendment, however, specifically permits benefits to be provided to "legal spouses" of employees, and in November 2013, the city's legal department determined it would be unlawful to continue to deny spousal benefits for legally married same-sex couples.[23]

The Pflugerville Independent School District allows domestic partners of district workers to be included in the district's health insurance plan, although the workers must pay the entire cost of the coverage as they do for any dependent.[24][25]

Dallas County pays cash subsidies to help cover the cost of individual insurance policies purchased by the domestic partners of county employees. The amount of the subsidy is the same as the amount the county contributes to the group insurance plan that covers county employees, which in October 2012 was $300 per month. The county was unable to add the domestic partners to the group plan because the two other counties participating in the plan, Denton and Tarrant, opposed it.[26][27]

Travis County allows the domestic partners of county employees to participate as dependents in the county's group insurance plan.[28]

El Paso County provides health benefits to unmarried partners of county employees.[29]

Bexar County allows county employee benefits to be extended to domestic partners.[30]

2013 Texas Attorney General opinion
Main article: 2013 Texas attorney general opinion

In April 2013, Texas Attorney General Greg Abbott, in response to a legislator's request, provided his legal opinion that the Texas Constitution prohibits a political subdivision of the state from providing benefits based on a status like "domestic partnership" because it is "similar to marriage".[31] In response, officials in Travis County and Fort Worth defended the legality of their domestic partnership benefits,[32] as did those in other jurisdictions who minimized the significance of the opinion.[33][34] The Austin Independent School District decided in June 2013 not to offer health benefits to the domestic partners of its employees,[35] but changed its position in August 2013.[36]

Discrimination protections

State law

As of 2013, Texas state law does not protect employees from discrimination based on their sexual orientation or gender identity.[37] Since at least 1999, no bill prohibiting discrimination by employers based on sexual orientation or gender identity has made it out of the committee stage in the Texas Legislature.[38] During the Legislature's 2013 regular session, House Bill 238[39] introduced by Representative Mike Villarreal, House Bill 1146[40] introduced by Representative Eric Johnson, and Senate Bill 237[41] introduced by Senator Leticia Van de Putte would have prohibited this kind of discrimination; however, all these bills died in their respective committees.[42][43][44] Judge Lee Rosenthal of the Southern District Court of Texas has ruled that sexual orientation and gender identity fall under Federal Protections.[45] However, in April 2018, a federal judge of the U.S. District Court for the Southern District of Texas ruled that, although a woman hadn't proven she had been discriminated against for being transgender by the company Phillips 66, if that had been proven, then the woman would have "had a case" under Title VII of the Civil Rights Act of 1964.[46] The judge, who had been appointed by President George H. W. Bush in 1992, cited other recent cases as shaping the final decision.[46]

Texas state law does not protect persons from housing or public accommodations discrimination based on their sexual orientation or gender identity or expression.[47] House Bill 2215 introduced by Representative Jessica Farrar in the Legislature's 2009 regular session would have prohibited this kind of discrimination;[48] however, the bill died in the Judiciary and Civil Jurisprudence committee of the House of Representatives.[49]

Texas state law also does not protect persons from insurance discrimination based on their sexual orientation or gender identity or expression. During the Legislature's 2013 regular session, House Bill 206[50] introduced by Representative Senfronia Thompson, House Bill 541[51] introduced by Representative Robert Alonzo, and Senate Bill 73[52] introduced by Senator Rodney Ellis would have prohibited this kind of discrimination; however, all these bills died in their respective committees.[53][54][55]

Counties with LGBT protections
County Protections for Applies to
Bexar County Sexual orientation and gender identity County employment[56]
Dallas County Sexual orientation and gender identity Private employment, county employment and county contractors[57][58]
Walker County Sexual orientation and gender identity County employment[59]
Travis County Sexual orientation Housing[60]
Harris County Sexual orientation and gender identity County employment[61]

Cities with LGBT protections
See also: List of cities and counties in the United States offering an LGBT non-discrimination ordinance
Map of Texas counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment

The following Texas cities have ordinances prohibiting discrimination on the basis of sexual orientation and gender identity in housing, public accommodations, city employment, private employment and city contractors.

Austin,[62] Dallas,[63] Fort Worth,[64][65] Plano[66] and San Antonio[67][68] prohibit discrimination on the basis of sexual orientation and gender identity in private and public employment, housing and public accommodations.

Denton has protections for sexual orientation and gender identity for city employment and city contractors.

El Paso has protections based on sexual orientation and gender identity for public accommodations and city employment.

Arlington, Brownsville, Corpus Christi, Houston, Irving, Lubbock, Mesquite and Waco have protections based on sexual orientation and gender identity for city employment and/or city contractors only.

Grand Prairie,[69] McAllen, and Round Rock have a city policy prohibiting city employment discrimination on the basis of sexual orientation only.

Status of non-discrimination protections in Texas' top 20 cities
City Protections Applies to
1 Houston Sexual orientation and gender identity City employment and city contractors[70]
2 San Antonio Sexual orientation and gender identity Private employment, city employment, housing, public accommodations and city contractors[67][68]
3 Dallas Sexual orientation and gender identity Private employment, city employment, housing, public accommodations and city contractors
4 Austin Sexual orientation and gender identity Private employment, city employment, housing, public accommodations and city contractors[71]
5 Fort Worth Sexual orientation and gender identity Private employment, city employment, housing, public accommodations and city contractors
6 El Paso Sexual orientation and gender identity City employment and public accommodations[72]
7 Arlington Sexual orientation and gender identity City employment[73]
8 Corpus Christi Sexual orientation and gender identity City employment[73]
9 Plano Sexual orientation and gender identity Private employment, city employment, housing, public accommodations and city contractors[74]
10 Laredo No protections
11 Lubbock Sexual orientation and gender identity City employment[75]
12 Garland No protections
13 Irving Sexual orientation and gender identity City employment[76]
14 Amarillo No protections
15 Grand Prairie Sexual orientation City employment[77]
16 Brownsville Sexual orientation and gender identity City employment
17 Pasadena No protections
18 Mesquite Sexual orientation and gender identity City employment[73]
19 McKinney No protections
20 McAllen Sexual orientation City employment[73]

School districts with LGBT inclusive policies

The following school districts have both employee welfare and student welfare policies prohibiting discrimination based on sexual orientation, gender identity, and gender expression: Del Valle ISD,[78][79] Dallas ISD,[80][81] Fort Worth ISD,[82][83] Austin ISD,[84][85] and Houston ISD.[86][87]

El Paso ISD has similar protections, worded as "gender stereotyping and perceived sexuality."[88][89]

Cedar Hill ISD has protections for sexual orientation only.[90][91]

Pflugerville ISD has explicit protections for employees only,[92] but these same explicit protections are missing from the student non-discrimination policy.[93]

Religious freedom bills

As of May 2019, a bill is pending in the Texas Legislature which would allow state-licensed professionals to refuse to serve members of the LGBTQ community on grounds of religious objections.[94]

University LGBT non-discrimination policies

The following universities have non-discrimination policies for students and employees based on sexual orientation, gender identity and gender expression: Texas A&M Commerce, Texas A&M Corpus Christi, West Texas A&M,[95] University of Texas at Austin,[96] University of Texas at San Antonio,[97] University of Texas at Dallas, University of Texas Pan American, University of Houston (all locations), University of North Texas (all locations), Texas State University,[98] Rice University, Stephen F Austin State University,[99] Southern Methodist University, Texas Christian University, Georgetown University,[100] University of Texas Health Science Center at Houston,[101] and Our Lady of the Lake (employee protections only).

The following universities have non-discrimination policies for students and employees based on sexual orientation and gender identity: University of Texas El Paso,[102] Sam Houston State University and Lamar University.

The following universities have non-discrimination policies for students and employees based on sexual orientation only: Texas A&M International University,[103] Prairie View A&M, Texas A&M Galveston, University of Texas at Arlington,[104] University of Texas at Tyler, University of Texas Brownsville, University of Texas at Permian Basin, Texas Tech University, Texas Women's University (student protections only), Texas Southern University, Angelo State University, Midwestern State University (student protections only) and Southwestern University.

The following universities have non-discrimination statements for sexual orientation for on-campus housing: Texas A&M College Station, University of Texas at Dallas, University of North Texas (all campuses), Southern Methodist University, University of Texas El Paso, Sam Houston State University, Texas A&M International University, Texas A&M Galveston, Texas Tech University, Angelo State University, Southwestern University, Texas Women's University, Texas A&M University Kingsville, Texas A&M University Texarkana and Tarleton University.

The following universities have non-discrimination statements for roommate selection/roommate requests based on sexual orientation: Texas A&M University- Commerce, University of Texas- San Antonio, Texas State University, Georgetown University, Rice University, Lamar University and University of Texas-Tyler.

Rates of discrimination in Texas
The Basic Medical Technician and Corpsman Program choir sing during an LGBT Pride Month celebration at Joint Base San Antonio.

Overview

Approximately 429,000 LGBT workers in Texas are vulnerable to employment discrimination absent explicit statewide legal protections, according to a 2015 report co-authored by Christy Mallory, Senior Counsel, and Brad Sears, Executive Director at the UCLA School of Law's Williams Institute. Currently, some localities in Texas prohibit discrimination based on sexual orientation and gender identity in public and private sector employment, while other localities protect local government workers or employees of local government contractors from such discrimination. Approximately 86% of Texas' workforce, however, is not covered by these laws."[105]

Gender identity discrimination

In response to a national 2010 survey, 79% of Texans felt that these people were experiencing harassment or mistreatment at work, and 45% reported that they were not hired, 26% reported that they were fired, and 22% reported being denied a promotion because of their gender identity or expression.[105]

Public opinion on non-discrimination laws

Aggregated data from two large public opinion polls find that 79% of Texas residents think that LGBT people experience a moderate amount to a lot of discrimination in the state.[105]

In response to a national poll conducted in 2011, 73% of respondents from Texas said that employment discrimination based on sexual orientation and gender identity should be prohibited in the U.S.[105]

Social workers

In October 2020, a new “internal policy” and regulation within Texas allows discrimination against LGBT individuals and individuals with a disability who are clients.[106][107][108][109]

Adoption and parenting

In Texas, any adult may adopt a child without regard to the adult's sexual orientation or gender identity.[110] Lesbian couples can access IVF and assisted insemination treatment.[111]

Texas statutes do not prohibit same-sex second-parent adoptions or adoption by a same-sex couple and state courts have on occasion approved such adoptions. The Texas Courts of Appeals has not considered the question directly but has said that a lower court's approval of an adoption by a same-sex couple did not represent a "fundamental error".[112]

A court may not issue a supplemental birth certificate for a child adopted by two men or two women.[113] The primary purpose of the certificate is to prove the parent/child relationship to outside entities, such as schools, insurance companies, and passport offices.[114] On November 15, 2012, Representative Rafael Anchia introduced House Bill 201 to the Legislature's 2013 regular session.[114] The bill would have deleted the prohibition against issuing a supplemental birth certificate for a child adopted by two men or two women.[115] The bill died in the Judiciary and Civil Jurisprudence committee of the House of Representatives.[116]

Gender identity and expression
Transgender activists protest a proposed "bathroom bill" at the Texas State Capitol in 2017.

In 2009, the Texas Legislature authorized a court order relating to a person's sex change to be acceptable proof of identity for a marriage license.[117]

For geographical areas under the jurisdiction of the Texas Court of Appeals in San Antonio, the 1999 case Littleton v. Prange defined that, for purposes of determining the validity of a marriage, a person's sex is determined at birth and is not changed by surgery or drug therapy.[118] This ruling allowed a person born male who transitioned to female to marry a woman in that court's jurisdiction.[119][120] In February 2014, the Texas Court of Appeals in Corpus Christi held that state law had changed since Littleton and now recognized sex reassignment, so that parties to a lawsuit contesting whether or not a marriage was an invalid same-sex marriage or a valid different-sex marriage needed to have their dispute heard by a trial court.[121]

In order for transgender people to change their legal gender on their birth certificates, they must undergo sex reassignment surgery and a name change.[122]

In August 2017, the Texas Legislature adjourned without voting on a "transgender bathroom bill", which would have restricted transgender people's access to public bathrooms.[123] Governor Greg Abbott had made it a priority to pass the legislation.

The 2011 edition of Austin Pride

Sex education

The Texas Department of State Health Services has developed model education programs on AIDS and HIV; however, Texas law requires that the "materials in the education programs intended for persons younger than 18 years of age ... state that homosexual conduct is not an acceptable lifestyle and is a criminal offense...."[124] In practice, few school districts include that language about homosexual conduct in their sex education materials.[125] This law also has not been modified since Lawrence v. Texas.

In November 2020, the Texas Board of Education had an opportunity to update this policy, but the Republican majority voted not to in a 10-5 vote. [126] Despite this, they did vote in favor of updating the anti-bullying policy to include language about "sexual bullying", although it was unclear if this included LGBT students or not, and when the Conservative board members were questioned what the term meant, they could not give a straight definition.

As of December 2020 the Texas No promo homo law still remains on the Statute books.

Romeo and Juliet Law

Texas provides an affirmative defense to a person who has engaged in unlawful sexual contact with a child under 17 years of age, if the person is not more than three years older than the child, so long as the person is not of the child's same sex.[127] There has been no published constitutional challenge of this statute since the 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, in which the court held that same-sex marriage bans breach the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.[128][129] Texas has been the only state to maintain such a distinction on its books since the Kansas Supreme Court found a similar Kansas statute to be unconstitutional in 2005.[130] During the Legislature's 2013 regular session, House Bill 2403,[131] introduced by Representative Mary González, House Bill 3322,[132] introduced by Representative Coleman, and Senate Bill 1316,[133] introduced by Senator John Whitmire, would have repealed this distinction; however, none of these bills was passed by its chamber of origin.[134][135][136]

National Guard

Following the U.S. Supreme Court decision in United States v. Windsor in June 2013 invalidating Section 3 of the Defense of Marriage Act, the U.S. Department of Defense issued directives requiring state units of the National Guard to enroll the same-sex spouses of guard members in federal benefit programs. Texas National Guard officials initially refused to comply, instead requiring Guard members to travel to federal facilities to do so.[137] Defense Secretary Chuck Hagel on October 31 said he would insist on compliance.[138] On November 26, Texas agreed to conform with DoD policy stating that state workers would be considered federal workers while enrolling same-sex couples for benefits.[139]

Hate crime law

On May 11, 2001, Governor Rick Perry signed House Bill 587,[140] popularly but unofficially known as the James Byrd Jr. Hate Crimes Act,[141] which strengthened penalties for certain crimes motivated by a victim's race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference. This legislation did not cover gender identity.[n 1] House Bill 3324 introduced by Representative Garnet Coleman in the Legislature's 2013 regular session would have added gender identity or expression to the hate crime law;[142] however, the bill died in the Criminal Jurisprudence committee of the House of Representatives.[143]

In the first decade after the law took effect on September 1, 2001, local law enforcement agencies had reported about 200 crimes per year as hate crimes. However, fewer than one case a year on average had been successfully prosecuted in Texas as a hate crime.[144] This is among the states with the lowest percentage of prosecuted hate crimes.[144]

Politics

The Texas Republican Party holds all statewide offices in Texas, controls both houses of the Texas Legislature as well as the Governor of Texas (known as the government trifecta).[145] Its 2012 party platform contained numerous statements against LGBT rights.[146] Even the Texas Republican Party has made statement supporting the Russian gay propaganda law.[146]

Republican Governor Rick Perry signed a pledge from the National Organization for Marriage to oppose same-sex marriage;[147] Perry also dismissed the Lawrence v. Texas U. S. Supreme Court decision as the product of "nine oligarchs in robes".[148]

The Texas Democratic Party added certain LGBT rights to the party's platform in 1980,[149] and included same-sex marriage rights in its 2012 platform,[150] becoming the first Democratic state party in the southern United States to do so.[151]

Public opinion

Since 2009, Texans between the ages of 18 and 29 have increasingly supported same-sex marriage at a faster rate than that of the general population. In June 2009, the University of Texas found that 49% of that age group supported same-sex marriage as opposed to 29% of the general population. In February 2013, it found that 59% of them did so, while only 37% of the general population had the same opinion. Opposition from Texans between the ages of 18 and 29 dropped 12 points in the same period, from 28 to 16%. At the same time, opposition from the general population in Texan dropped 5 points, from 52.7% to 47.5%.[168] Glengariff Group, Inc., in conjunction with the pro-LGBT rights Equality Texas Foundation, found that support in that age group rose from 53.6% in 2010 to 67.9% in 2013, while within the general population in Texas, support rose from 42.7% to 47.9%.[169]

More recent polls have found that a majority of Texans support same-sex marriage. A 2017 Public Religion Research Institute poll, for example, showed support for same-sex marriage in Texas at 55%. 34% were opposed and 11% were unsure.[1]

Summary table
Same-sex sexual activity legal (Since 2003, not codified into law yet as of 2020)
Equal age of consent (17) / (Since 2003, although Texas Penal Code §21.11(b) excludes same-sex relationships from Texas' Romeo and Juliet law (this exclusion is yet to face a post-Obergefell constitutional challenge.)
Anti-discrimination laws in Employment (Protections for all LGBT people in Employment nation-wide since 2020)
Anti-discrimination laws in Housing / (In some cities and counties)
Anti-Discrimination laws in Public Accommodations / (In some cities and counties)
Anti-Discrimination laws in the provision of goods and services / (In some cities and counties)
LGBT people and materials free from censorship (The current No promo homo law in Texas bans the 'promotion' of homosexuality in schools)
Hate crime laws include sexual orientation
Hate crime laws include gender identity or expression
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
Access to IVF for lesbians [170]
Lesbian, Gay, and Bisexual people allowed to serve openly in the military (Since 2011)
Transgender people allowed to serve openly in the military / (Most Transgender personnel allowed to serve openly since 2021)[171]
Transvestites allowed to serve openly in the military [172]
Intersex people allowed to serve openly in the military (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)[173]
Right to change legal gender / (Some officials in Texas are refusing to amend Birth Certificates for Transgender people following Littleton v. Prange)
Third Gender option on legal documents
Gay panic defense abolished
Conversion therapy banned
Access to Transition related healthcare for people with Gender Dysphoria
Gay and Lesbian sex criminal records expunged
Same-sex marriages (since 2015)
MSMs allowed to donate blood / (Since 2020, 3 month deferral period - federal policy)[174]

Support organizations

Transgender Education Network of Texas

The Transgender Education Network of Texas (TENT) is an organization that works to further gender diversity equity in the U.S. state of Texas.[175] As of 2016, the organization was registered as a 501(c)(3) not-for-profit organization in the United States.[175]

The Transgender Education Network of Texas (TENT) was founded in 2002 as the Austin Transgender Ordinance Initiative.[176] TENT's main work is in education, advocacy, and empowerment,[175] and works in both public and private forums within each of these tiers in order to prevent discrimination against transgender, non-binary, and intersex people in Texas. It also supports pro-transgender legislation in Texas.[177]

TENT is a member of the Austin GLBT Chamber of Commerce.[178] Community advocacy work includes working in partnership with other organizations such as the American Civil Liberties Union (ACLU) of Texas, Anti-Defamation League of Central Texas, Equality Texas, Human Rights Campaign and the Texas Freedom Network.[179]

In addition to offering "cultural competency" seminars, workshops and presentations itself to a variety of organizations,[175] TENT has also collaborated with other research and education initiatives. One such research collaboration aimed to understand and improve the education of transgender-related health topics within Texas nursing programs' curricula.[180]

One of the organization's primary focuses has been collecting the testimonies of transgender, non-binary, and intersex people and their allies in Texas.[175] Many of these testimonies were collected specifically in reaction to the proposal of Texas SB6, a "bathroom bill" intending to limit bathroom access based on the sex listed on one's birth certificate. The organization maintains a record of testimony provided to the Texas State Senate's committee of State Affairs regarding SB6 by transgender, non-binary, and intersex people and their allies on its website.[181][182]

In March 2018, as part of a coalition with other Texas LGBT groups, ACLU of Texas, Equality Texas, and Lambda Legal, created an online portal called TxTransKids.org, designed to provide support network and resource center for elementary and high school transgender students and their families.[183]

See also

Notes
  1. "(a) In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed or intentionally selected property damaged or affected as a result of the offense because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference. (c) In this article, "sexual preference" has the following meaning only: a preference for heterosexuality, homosexuality, or bisexuality." "Article 42.014 of the Code of Criminal Procedure". Statutes.legis.state.tx.us. Retrieved December 5, 2013.

References
  1. Consulting, Epicenter. "PRRI – American Values Atlas". ava.prri.org.
  2. "Section 21.01(1) of the Texas Penal Code". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  3. "Section 12.23 of the Texas Penal Code". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  4. "Montana axes obsolete sodomy law". SDGLN. April 19, 2013.
  5. "Montana formally decriminalizes gay sex". Daily News. April 19, 2013.
  6. "Seven Anti-LGBT Laws That Remain on Texas' Books". The Texas Observer. December 13, 2016.
  7. "Crawford Martin Opinion 1216". Scribd. Retrieved August 13, 2015.
  8. Acts of the Texas Legislature 1973, 63rd Leg. p. 1596, ch 577
  9. Brubaker Calkins, Laurel (February 27, 2014). "Texas Gay-Marriage Ban Held Illegal as Judge Delays Order". Bloomberg News. Retrieved March 9, 2014.
  10. "Judge: Texas can't bar gay marriage — or divorce". Retrieved May 16, 2014.
  11. Snow, Justin (February 26, 2014). "Federal court finds Texas ban on same-sex marriage unconstitutional". Metro Weekly. Archived from the original on February 26, 2014. Retrieved February 26, 2014.
  12. "State Attorney General Challanges Bexar County Same-Sex Divorce". Archived from the original on May 17, 2014. Retrieved June 29, 2014.
  13. Brouillette, Julia (February 19, 2015). "Texas Attorney General Ken Paxton calls on state Supreme Court to block Travis County gay marriage ruling". The Daily Texan. Retrieved February 20, 2015.
  14. Liptak, Adam. "Same-Sex Marriage Is a Right, Supreme Court Rules, 5-4". New York Times. Retrieved June 26, 2015.
  15. Phillips, Lauren (September 14, 2015). "2,500 same-sex marriage licenses issued in Texas, state estimates". The Dallas Morning News.
  16. ""Domestic Partnership Affidavit and Agreement", City of Austin Texas" (PDF). Retrieved December 5, 2013.
  17. "AFFIDAVIT OF DOMESTIC PARTNERSHIP" (PDF). City of Dallas. August 2004. Archived from the original (PDF) on September 17, 2011. Retrieved November 25, 2012.
  18. "Employee Benefits, Human Resources, City of Fort Worth". Fortworthtexas.gov. Archived from the original on June 27, 2013. Retrieved December 5, 2013.
  19. Grissom, Brandi (October 1, 2011). "In El Paso, a Storm Over Benefits for Gay Partners" – via NYTimes.com.
  20. "Houston Mayor: Benefits will be offered to same-sex spouses of city employees". kens5.com. Archived from the original on December 3, 2013. Retrieved November 23, 2012.
  21. ""What You Need to Know", Civilian Employees, Human Resources Department, City of San Antonio". Sanantonio.gov. Retrieved December 5, 2013.
  22. ""Major Ballot Victories in Michigan and Florida; Loss in Houston", Common Dreams, November 7, 2001". Commondreams.org. November 7, 2001. Archived from the original on December 3, 2013. Retrieved December 5, 2013.
  23. Schneider, Andrew (August 10, 2017). "City Employees Sue Houston To Defend Same-Sex Spousal Benefits". Houston Public Media.
  24. Wolfson, Shannon (October 8, 2012). ""PISD offers domestic partner benefits", reported by Shannon Wolfson, KXAN.com, October 8, 2012". Kxan.com. Retrieved December 5, 2013.
  25. ""Pflugerville ISD Extends Domestic Partner Benefits to Employees", KUT News, reported by Tyler Pratt and Laurie Johnson, December 14, 2012". Kutnews.org. December 14, 2012. Retrieved June 29, 2014.
  26. ""Dallas County Approves Domestic Partner Insurance Subsidy That Includes Same-Sex Couples", The Huffington Post, filed by Curtis M. Wong, October 31, 2012". Huffingtonpost.com. October 31, 2012. Retrieved December 5, 2013.
  27. ""Dallas County Domestic Partners Program", Dallas County Human Resources". Dallascounty.org. Retrieved December 5, 2013.
  28. "Travis County Employee Benefits Guide FY 13: October 1, 2012 - September 30, 2013" (PDF). Retrieved December 5, 2013.
  29. Flores, Aileen B. ""El Paso County Commissioners Court OKs benefits for employees' partners", El Paso Times, reported by Aileen B. Flores, August 14, 2012". Elpasotimes.com. Retrieved December 5, 2013.
  30. "Domestic Partner Benefits Approved For Bexar County Employees". tpr.org. February 4, 2014. Retrieved February 4, 2014.
  31. "Opinion GA-1003, Texas Attorney General, April 29, 2013" (PDF). Archived from the original (PDF) on June 16, 2013. Retrieved December 5, 2013.
  32. Llorca, Juan Carlos (May 3, 2013). "Attorney General's same-sex opinion doesn't worry entities". Kxan.com. Retrieved January 17, 2014.
  33. Burbank, Whitney; Martinez, Leonard (April 30, 2013). "Texas AG: Domestic partner benefits unconstitutional, Bishop Tom Brown threatens city with lawsuit". Kvia.com. Archived from the original on December 2, 2013. Retrieved January 17, 2014.
  34. Ramirez, Cindy (June 27, 2013). "Justices strike down DOMA: El Paso gay groups, officials cheer shift toward equality". El Paso Times. Retrieved January 17, 2014.
  35. Taboada, Melissa B. (June 28, 2013). "AISD will not offer health benefits to domestic partners". Statesman.com. Retrieved January 17, 2014.
  36. "AG Greg Abbott: City & ISD Domestic Partner Benefits Unconstitutional". Texas Public Radio. April 30, 2013. Retrieved January 17, 2014.
  37. "Texas Labor Code sec. 21.051". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  38. ""Bill would stop Texas employers' discrimination based on sexual orientation, gender identity", The Texas Independent, reported by Patrick Brendel, January 14, 2011". Americanindependent.com. Retrieved December 5, 2013.
  39. "House Bill 238 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  40. "House Bill 1146 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  41. "Senate Bill 237 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  42. "House Bill 238 History, 83rd Legislature, Regular Session, 2013". Capitol.state.tx.us. April 24, 2013. Retrieved December 5, 2013.
  43. "House Bill 1146 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  44. "Senate Bill 237 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  45. "Texas judge rules LGBT workers have federal protection from discrimination - Dallas Voice". Dallas Voice. April 11, 2018. Retrieved April 11, 2018.
  46. Lauren McGaughy (April 10, 2018). "LGBT workers are protected from workplace discrimination, Texas judge says in 'earth-shattering' new ruling". The Dallas Morning News. Retrieved April 20, 2018.
  47. "Texas Property Code sec. 301.021(a)-(b)". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  48. "House Bill 2215 - Introduced Text, 81st Legislature, Regular Session, 2009" (PDF). Retrieved December 5, 2013.
  49. "House Bill 2215 History, 81st Legislature, Regular Session, 2009". Capitol.state.tx.us. Retrieved December 5, 2013.
  50. "House Bill 206 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  51. "House Bill 541 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  52. "Senate Bill 73 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  53. "House Bill 226 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  54. "House Bill 541 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  55. "Senate Bill 73 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. January 28, 2013. Retrieved December 5, 2013.
  56. Sanchez, Sam (February 27, 2018). "Bexar County Adds LGBT Protections to EEO Policy". Out in SA.
  57. "Dallas County adds protections for transgender employees".
  58. "The State of LGBTQ Non-Discrimination Protections in Texas".
  59. "Walker County Employment Application" (PDF).
  60. Austin City Code Sec. 5-1-1(B)
  61. "Harris County and Harris County Flood Control District Personnel Policies & Procedures" (PDF).
  62. "Chapters 5.1, 5.2, 5.3, and 5.4 of the Austin City Code". Amlegal.com. Retrieved December 5, 2013.
  63. "Dallas, Texas Code of Ordinances, Chapter 46, Article II". Amlegal.com. Retrieved December 5, 2013.
  64. "Fort Worth City Ordinance, Chapter 17, Article 1, Sec. 17-1" (PDF). Retrieved December 5, 2013.
  65. "Fort Worth City Council Ordinance 18909-11-2009, adopted November 10, 2009" (PDF). Retrieved December 5, 2013.
  66. Cummings, Kevin (December 9, 2014). "Plano passes equal rights ordinance". Plano Star Courier. Retrieved December 11, 2014.
  67. "UPDATED: San Antonio Passes LGBT Non-Discrimination Ordinance". The Texas Observer. September 5, 2013.
  68. ARTICLE X. - NON-DISCRIMINATION POLICIES It shall be the general policy of the city to prohibit discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, veteran status, age or disability
  69. "Municipal Equality Index" (PDF). Human Rights Campaign. Retrieved November 21, 2013.
  70. Shay, Miya (April 2, 2010). "Mayor extends city's non-discrimination policy". KTRK-TV. Retrieved February 28, 2012.
  71. "Municode Library". library.municode.com.
  72. "Municode Library". library.municode.com.
  73. "Municipal Equality Index 2016" (PDF).
  74. "Municode Library". library.municode.com.
  75. "LUBBOCK, TEXAS 2018 MUNICIPAL EQUALITY INDEX SCORECARD" (PDF).
  76. "IRVING, TEXAS 2018 MUNICIPAL EQUALITY INDEX SCORECARD" (PDF).
  77. "Human Resources | City of Grand Prairie". www.gptx.org.
  78. "Del Valle ISD Employee Welfare Policy" (PDF).
  79. "Del Valle ISD Student Welfare Policy" (PDF).
  80. "Employee Welfare Policy Dallas ISD" (PDF).
  81. "Student Welfare Policy Dallas ISD" (PDF).
  82. "Employee Welfare Policy Ft. Worth ISD" (PDF).
  83. "Student Welfare Policy Ft. Worth ISD" (PDF).
  84. "Employee Welfare Policy Austin ISD" (PDF).
  85. "Student Welfare Policy Austin ISD" (PDF).
  86. Employee Welfare Policy Houston ISD,
  87. Student Welfare Policy Houston ISD,
  88. "El Paso ISD Employee Welfare Policy" (PDF).
  89. "El Paso ISD Student Welfare Policy" (PDF).
  90. Cedar Hill ISD Employee Welfare Policy,
  91. "El Paso Student Welfare Policy" (PDF).
  92. "Pflugerville ISD Employee Welfare Policy" (PDF).
  93. "Pflugerville ISD Student Welfare Policy" (PDF).
  94. Goodwyn, Wade (May 6, 2019). "Business Leaders Oppose 'license To Discriminate' Against Lgbt Texans". Archived from the original on July 19, 2019. Retrieved July 19, 2019.
  95. "What is Diversity and Inclusion?".
  96. "Nondiscrimination Policy | University Policy Office". policies.utexas.edu.
  97. "Section 9.01, Nondiscrimination | Handbook of Operating Procedures | UTSA | The University of Texas at San Antonio". www.utsa.edu.
  98. "UPPS 04.04.46 - Prohibition of Discrimination". policies.txstate.edu. July 2, 2019.
  99. "SFA Non-Discrimination Statement". Stephen F. Austin State University.
  100. "Graduate Bulletin 2019-20 (ver. 8/14/2019 A) - IX. OTHER UNIVERSITY & MAIN CAMPUS POLICIES". sites.google.com.
  101. "Policy". www.uth.edu.
  102. "The University of Texas at El Paso - UTEP". www.utep.edu.
  103. "Reaffirmation of Commitment to Equal Opportunity, Access, and Affirmative Action" (PDF).
  104. "Non-Discrimination Policy on Sexual Orientation".
  105. Employment Discrimination Based on Sexual Orientation and Gender Identity in Texas
  110. "Texas Family Code sec. 162.001". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  111. "Texas Fertility Center Specializes in Family Building Options for Lesbian Couples". Texas Fertility Center. Retrieved November 11, 2017.
  112. "Texas Adoption Law". State Laws & Legislation. Human Rights Campaign. Retrieved January 15, 2014.
  113. "Texas Health and Safety Code sec. 192.008(a) requires that a supplemental birth certificate "be in the names of the adoptive parents, one of whom must be a female, named as the mother, and the other of whom must be a male, named as the father."". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  114. John Wright (November 15, 2012). "Rep. Anchia files that gay adoption bill that Sen. Carona said he would support". Dallas Voice. Retrieved November 19, 2012.
  115. "House Bill 201 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  116. "House Bill 201 History, 83rd Legislature, Regular Session, 2013". Capitol.state.tx.us. Retrieved December 5, 2013.
  117. "Texas Family Code sec. 2.005(b)(8)". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  118. "Littleton v. Prange, 9 S.W.3d 223, 231 (Tex. App. − San Antonio 1999, pet. denied)". Retrieved December 5, 2013.
  119. "Lesbian Couple Get License to Wed; Transsexual Ruling Clears the Way", Adolfo Pesquera, San Antonio Express-News, September 7, 2000
  120. ""Abbott Declines Transgender Marriage Question", reported by Chuck Lindell, Austin American-Statesman, August 10, 2010". Statesman.com. August 10, 2010. Archived from the original on July 16, 2011. Retrieved December 5, 2013.
  121. Equality Texas Foundation In the estate of Thomas Trevino Araguez II, Deceased], accessed February 13, 2014
  122. Texas National Center for Transgender Equality
  123. "Transgender 'bathroom bill' fails again in Texas as special session ends". Washington Post.
  124. "Texas Health and Safety Code sec. 85.007(b)". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  125. ""Crime of 'homosexual conduct' still on the books in Texas", The Washington Independent, January 13, 2011". Washingtonindependent.com. January 13, 2011. Retrieved December 5, 2013.
  126. https://www.youtube.com/watch?v=536k0abeoT8
  127. Tex. Penal Code § 21.11(b)
  128. Obergefell v. Hodges, 135 S. Ct. 2584 (2015)
  129. "Texas Penal Code sec. 21.11(b)". Statutes.legis.state.tx.us. Retrieved December 5, 2013.
  130. ""Bias Ruled in Law On Same-Sex Rape", The Washington Post, reported by Charles Lane, October 22, 2005". Washingtonpost.com. October 22, 2005. Retrieved December 5, 2013.
  131. "House Bill 2403 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  132. "House Bill 3322 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  133. "Senate Bill 1316 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  134. "House Bill 2403 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  135. "House Bill 3322 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  136. "Senate Bill 1316 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  137. Oppel Jr., Richard A. (November 10, 2013). "Texas and 5 Other States Resist Processing Benefits for Gay Couples". New York Times. Retrieved December 8, 2013.
  138. Johnson, Chris (October 31, 2013). "Hagel to direct nat'l guards to offer same-sex benefits". Washington Blade. Retrieved December 3, 2013.
  139. Zimmerman, Ann; Campoy, Ana (November 27, 2013). "Texas National Guard to begin letting same-sex couples register for benefits". Fox News. Retrieved December 3, 2013.
  140. "Enrolled version of House Bill 587, 77th Texas Legislature, Regular Session, 2001". Legis.state.tx.us. Retrieved December 5, 2013.
  141. "Texas Governor Signs Hate Crimes Bill", (May 12, 2001). ''Associated Press'&#39
  142. "House Bill 3324 - Introduced Text, 83rd Legislature, Regular Session, 2013" (PDF). Retrieved December 5, 2013.
  143. "House Bill 3324 History, 83rd Legislature, Regular Session, 2013". Legis.state.tx.us. Retrieved December 5, 2013.
  144. ""Texas hate crime law has little effect", Austin American-Statesman, reported by Eric Dexheimer, January 21, 2012". Statesman.com. January 24, 2012. Retrieved December 5, 2013.
  145. ""History of the Republican Party of Texas", Republic Party of Texas, 2011, last accessed January 19, 2011". Archived from the original on November 30, 2010.
  146. "2012 Texas Republican Party Platform" (PDF). Retrieved December 5, 2013.
  147. Cover, Matt (August 30, 2011). "Presidential Candidate Rick Perry Signs Pledge Opposing Same-Sex Marriage". Catholic.org. Retrieved December 5, 2013.
  148. Murphy, Tim (April 19, 2011). "MAP: Has Your State Banned Sodomy?". Mother Jones. Retrieved December 5, 2013.
  149. "Texas Democrats OK Gay Rights Plank". EBSCOhost Connection. November 13, 1980. Archived from the original on July 5, 2013. Retrieved January 21, 2013.
  150. Guo, Angela (June 11, 2012). "Three State Democratic Parties Add Marriage Equality To Their 2012 Platform". Think Progress. Retrieved January 21, 2013.
  151. Lindell, Chuck (September 3, 2012). "Platform vote on same-sex marriage at Democratic convention called historic". Austin American-Statesman. Retrieved January 22, 2013.
  152. "LGBTQ TEXAS ISSUES SURVEY" (PDF). Glengariff Group, Inc. Archived from the original (PDF) on January 31, 2012. Retrieved March 15, 2013.
  153. "Texas Survey Results, Public Policy Polling, Question 2, September 15-18, 2011" (PDF). Retrieved December 5, 2013.
  154. "Clinton could win Texas in 2016" (PDF). Public Policy Polling. Retrieved January 31, 2013.
  155. "LGBTQ TEXAS ISSUES SURVEY" (PDF). Glengariff Group, Inc. Retrieved March 15, 2013.
  156. "Cornyn favored for reelection despite low approval" (PDF). Public Policy Polling. July 3, 2013. Retrieved July 3, 2013.
  157. "A Decade of Change in American Attitudes about Same-Sex Marriage and LGBTQ Issues" (PDF). Retrieved March 4, 2014.
  158. "University of Texas, Government Department, Texas Statewide Survey, Field Dates: June 11-22, 2009, Question 38, page 12" (PDF). Retrieved December 5, 2013.
  159. "Texas Lyceum Poll, Spring 2009, Texas Statewide Survey, Field Dates: June 5-12, 2009, Question 55, page 11" (PDF). Archived from the original (PDF) on March 13, 2012. Retrieved December 5, 2013.
  160. "University of Texas / Texas Tribune, Texas Statewide Survey, Field Dates: February 1-7, 2010, Question 41, page 11" (PDF). Retrieved December 5, 2013.
  161. "Texas Lyceum Poll, Fall 2010, Texas Statewide Survey, Field Dates: September 22-30, 2010, Question 27, page 11" (PDF). Retrieved December 5, 2013.
  162. "University of Texas / Texas Tribune, Texas Statewide Survey, Field Dates: May 11-18, 2011, Question 24, page 7" (PDF). Retrieved December 5, 2013.
  163. "University of Texas / Texas Tribune, Texas Statewide Survey, Field Dates: February 8-15, 2012, Question 43, page 14" (PDF). Retrieved December 5, 2013.
  164. "University of Texas / Texas Tribune, Texas Statewide Survey". Laits.utexas.edu. Retrieved December 5, 2013.
  165. "University of Texas / Texas Tribune, Texas Statewide Survey". Laits.utexas.edu. Retrieved December 5, 2013.
  166. "UT/TT Poll: Partisan Splits on Guns in Texas". The Texas Tribune. June 21, 2013. Retrieved June 24, 2013.
  167. Sullivan, Sean. "How a gay marriage ban was just struck down in one of the most conservative states". Washingtonpost.com. Retrieved June 29, 2014.
  168. "The Polling Center: Texans' View of Gay Marriage Shifts". Texas Tribune. March 26, 2013. Retrieved April 6, 2013.
  169. "LGBTQ TEXAS ISSUES SURVEY" (PDF). Glengariff Group, Inc. Retrieved July 4, 2013.
  170. https://www.texasobserver.org/seven-anti-lgbt-laws-that-remain-on-texas-books/
  171. https://apnews.com/article/biden-reverse-ban-transgender-military-f0ace4f9866e0ca0df021eba75b3af20
  172. https://www.military.com/join-armed-forces/disqualifiers-medical-conditions.html
  173. https://www.military.com/join-armed-forces/disqualifiers-medical-conditions.html
  175. "Transgender Education Network of Texas". Transgender Education Network of Texas. Retrieved March 14, 2018.
  176. Marloff, Sarah (April 14, 2017). "The State of Trans Health Care". Austin Chronicle. Retrieved April 11, 2018.
  177. Auping, Alicia (July 19, 2013). "Eleven Dallas LGBTQ Movers and Shakers". Dallas Observer. Retrieved May 22, 2018.
  178. "Transgender Education Network of Texas". Austin LGBTQ Chamber of Commerce. Retrieved May 22, 2018.
  179. "Broad Coalition of Policy Experts, Advocates Warn of Consequences of Anti-LGBTQ Bills in Texas". ACLU of Texas. ACLU of Texas. January 19, 2017. Retrieved March 17, 2018.
  180. Walsh, David; Hendrickson, Sherry Garrett (June 1, 2015). "Focusing on the "T" in LGBTQ: An Online Survey of Related Content in Texas Nursing Programs". Journal of Nursing Education. 54 (6): 347–351. doi:10.3928/01484834-20150515-07. PMID 26057430.
  181. "Stop SB6". Transgender Education Network of Texas. Retrieved March 14, 2018.
  182. Planas, Roque (July 26, 2017). "Texas Senate OKs Trans Bathroom Restrictions". Huffington Post. Retrieved March 17, 2018.
  183. American Civil Liberties Union of Texas (March 29, 2018). "LGBTQ Rights Groups Launch Resource Hub for Transgender Youth". Targeted News Service. Retrieved April 11, 2018.
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