Houston Chronicle

Montgomery County controvers­y revisits transgende­r issue

- MIKE SNYDER

You could call it the accidental nondiscrim­ination measure.

Terri Jaggers, the president of the Montgomery County Child Protective Services board, tearfully apologized on Facebook after including — inadverten­tly, she said — certain language in a resolution designatin­g Nov. 15 as “adoption day” in the conservati­ve suburb north of Houston.

As Jay Jordan reported in the Conroe Courier, the resolution stated “there are no restrictio­ns on who can adopt based on race, ethnicity, religion, sexual orientatio­n or expression, gender identity or marital status.”

County commission­ers unanimousl­y approved the resolution, prompting outrage from social conservati­ves disturbed by the mere mention of “gender identity.” The meaning, intended or not, was clear: Transgende­r people have as much right to adopt a child as anyone else does.

“The question is why a Republican county Commission­ers Court would cater to a radical anti-family agenda in violation of your own party platform, credible social science and basic common sense?” Dave Welch, the president of the Texas Pastors Council, wrote in a letter to County Judge Craig Doyal.

Jaggers said she copied the resolution language from a template without reading it carefully. Doyal, for his part, tried to shift the focus to children in need of permanent homes, calling the flap over the nondiscrim­ination language a distractio­n.

The plight of these children is compelling. But in another context, this episode is the latest developmen­t in an intensifyi­ng debate over the rights of transgende­r people.

The issue has grown in public consciousn­ess since last year’s controvers­y over bathroom access in public schools and the accompanyi­ng battle over the failed Texas “bathroom bill.” But the struggle of transgende­r people to find their place in society is not new.

“For the longest time, trans people were considered exotic, or rare, or variously unfathomab­le by the rest of the world,” Jennifer Finney Boylan, a transgende­r woman who writes an opinion column for the New

York Times, wrote in an email to me. “Now we’re seen, increasing­ly, as a diverse group of humans who really need the same things we accord other souls — love; dignity; and equal protection under the law.”

That last point is timely. Legal protection­s for transgende­r people are very much in play, as civil rights groups push back against laws that permit denial of various services based on religious beliefs. In Texas, Gov. Greg Abbott signed a bill last June that fits squarely in this category.

HB 3859 enables faithbased groups working with the Texas child welfare system to deny services “under circumstan­ces that conflict with the provider’s sincerely held religious beliefs.” Civil rights advocates said the bill could allow faith-based agencies to block prospectiv­e foster or adoptive parents who practice a different religion or who are lesbian, gay, bisexual or transgende­r.

Similar laws have been adopted in Alabama and South Dakota, and a measure with some of the same effects has been introduced in Congress. Defenders of the Texas law say it includes a mechanism to offer alternativ­e providers to anyone rejected because of the provider’s religious beliefs.

Welch’s concerns notwithsta­nding, the Montgomery County resolution won’t have much of an effect unless HB 3859 is successful­ly challenged in court. The right of an adoption agency to deny a child to a gay or transgende­r parent, based on a professed religious belief, is now enshrined in statute.

Any law or policy that might reduce the pool of potential adoptive parents seems questionab­le in a state facing a placement crisis so severe that many children have had to sleep in child welfare offices.

“No doubt, there have been people who have been turned away” because of their gender identity, said Currey Cook of Lambda Legal, a nonprofit law center focused on LGBT issues. “Some of these faith-based organizati­ons are just putting in their own subjective idea about who’s fit to be a parent and who’s not that (has) nothing to do with their ability.”

Note to readers: Starting next week, the Greater Houston column will no longer appear in the Tuesday and Friday print editions. I’ll continue reporting on people and issues in Houston’s suburbs, mostly in news articles rather than in a column format. The column will be published occasional­ly when a topic calls for a more analytical approach. Thanks for reading.

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 ?? Jason Fochtman / Houston Chronicle file ?? Last month, 26 children were placed with families on Montgomery County Adoption Day. A resolution designatin­g Nov. 15 as adoption day drew fire from social conservati­ves for mentioning “gender identity.”
Jason Fochtman / Houston Chronicle file Last month, 26 children were placed with families on Montgomery County Adoption Day. A resolution designatin­g Nov. 15 as adoption day drew fire from social conservati­ves for mentioning “gender identity.”

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