Houston Chronicle

If we do nothing, state ‘potty bill’ may pass

- By Noah M. Horwitz Horwitz (@NmHorwitz), of Houston, is a first-year law student at the University of Texas School of Law. This commentary first appeared in The Daily Texan.

On May 1 of last year, Houston City Councilman Mike Knox participat­ed in a picket outside a local Target. The demonstrat­ion was in protest of the department store’s inclusive policies regarding the transgende­r community, as well as other pro-LGBT policies.

The most controvers­ial policy in question pertained to bathrooms. Patrons were allowed to use the bathroom matching their gender identity. Knox and company would rather Target prohibit transgende­r people from using their preferred bathroom, although they were light on specifics about how that should be enforced.

Enter Lt. Gov. Dan Patrick. Flanked by state Sen. Lois Kolkhorst, R-Brenham, Patrick earlier this month announced the filing of a bill, Senate Bill 6, which aims to crack down on “predator” men using women’s restrooms, ostensibly under the cover of nondiscrim­ination ordinances that protect the transgende­r community.

There is no evidence of predators abusing nondiscrim­ination ordinances. The data simply is not there. This point repeatedly has been espoused, particular­ly in the lead-up to Houston’s shameful 2015 referendum on equal rights for LGBT people. The bathroom myth led to the nondiscrim­ination ordinance’s downfall and the election of conservati­ves such as Knox to the City Council.

The handwringi­ng and complacenc­y I have seen since Patrick’s legislativ­e proposal was unveiled is unnerving for many reasons. Far too many otherwise reasonable people have assured me that SB 6 — a meanspirit­ed bill — will not survive Joe Straus’ House. This is wrong. The complacenc­y reminds me of similar assurances in the leadup to the nondiscrim­ination ordinance debacle in Houston. And this time, the stakes are much greater, as numerous studies have shown that a bill such as this one will have the express effect, if not the insidious intention, of killing transgende­r teens because of the stigma they’ll face and the hate the legislatio­n will foster.

Potty politics is a strong force. The people swept up in its furor are sometimes not limited to a single political party. In 2014, Houston City Council Member Dwight Boykins, a Democrat on the nominally nonpartisa­n body, voted against the Houston Equal Rights Ordinance as he callously pandered to his constituen­ts’ will and against justice. Some Democrats in the state Legislatur­e, more concerned with their reelection than their legacy, could easily do the same.

Knox’s office refused comment. And I had similar trouble in nailing down Republican positions on Patrick’s bill. My hometown legislator­s, state Sen. Joan Huffman and state Rep. Sarah Davis, both Republican­s of Harris County, provided no clarity. Rep. Jason Villalba, R-Dallas, tweeted at me that he was skeptical of such skirmishes in the “culture wars,” but did not state his position.

Hatred is often surreptiti­ous. It hides but is ever ubiquitous in plain sight if one simply looks hard enough. SB 6 has a good chance of passing, no matter what a complacent and often incorrect establishm­ent has to say. The underlying hatred is being espoused by so many, including our leaders.

Much attention will be placed on Washington, D.C., with Donald Trump’s new presidency. But state and local affairs matter a great deal, as well. People could die if this bill becomes law. We need to remember what our representa­tives do, specifical­ly keeping it in mind during the next election.

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