Nondiscrimination

Health care literally saves lives. That’s the point. The care that trans people require should be available and accessible. We know that when trans youth receive care, their mental health is better well into adulthood. Health care should be available to all people in the state of Texas, and not restricted for any group.

In 2023, the Texas Legislature banned health care for trans youth driving doctors and families with trans kids out of the state. In 2024, the Texas Health and Human Services Commission excluded trans care from medicaid coverage. All people deserve to access essential health care without government intrusion.

If you are struggling to access care in the State of Texas the Trans Youth Emergency Project may be able to help.

If a business or space is open to the public, that means it is open to everyone—no exceptions. No one should be turned away from a bathroom or a business because of the way they look or act. Yet, in recent years trans people have faced increasing discrimination across the state. Seventy one percent of Texans support a statewide nondiscrimination law that protects public accommodation for everyone. 

Everyone deserves to work without fear of being fired just because of their gender identity or sexual orientation. While there are no laws in Texas explicitly protecting LGBTQIA+ individuals from discrimination, there are federal protections. In Bostock v. Clayton County, the US Supreme Court ruled that both “sexual orientation” and “gender identity” constitute a protected class under Title VII of the Civil Rights Act of 1964. That means that all trans, nonbinary, gay, and lesbian employees are protected from discrimination under federal law. The President cannot change these protections with an executive order.

Without a statewide law protecting LGBTQIA+ people from discrimination, queer and trans Texans often face trouble accessing housing. Many local and municipal governments have implemented local nondiscrimination ordinances that do provide a degree of protection; however, a law passed in 2023 (popularly known as the Death Star Act) undercuts the authority of local governments to implement these protections.

The first amendment guarantees the freedom of speech and the freedom of religion. Specifically, the Constitution promises not to establish a state religion. That means that the government must allow for all forms of religious expression (within reason). Where is the line between protecting an individual’s right to self-expression (ex: being openly trans/gay/bi/etc) and an individual’s right to their religion? The answer is simple, your freedoms are bound by your own body. Each person is entitled to exercise their religion as they see fit, up until the point at which it encroaches on another person’s freedom.

In recent years, there has been an attempt to blur the line between religious freedom and individual liberties. A person’s religion does not give them the right to discriminate against anyone. While the 2023 Supreme Court case, 303 Creative v. Elenis, muddied the waters, these freedoms remain. In 303 Creative, the Supreme Court ruled that if a service constitutes “speech” under first amendment jurisprudence, then the provider cannot be compelled to provide that service in a manner that violates their religious or moral beliefs. For example, a painter cannot be compelled to paint a violent scene, if violence and expressions of violence are opposed to their moral perspective. It is worth noting that most commercial interactions (buying, selling, etc.) do not constitute “speech” under the first amendment.