The City of Austin recently passed a resolution underscoring its support for transgender residents in their quest to seek healthcare. After a particularly brutal year where the state of Texas continued attacking access to evidence-based, life-saving healthcare with a barrage of legislation that dismisses science, discounts medical experts, and effectively erases the experiences of transgender people, this resolution was a welcome change of pace for LGBTQIA+ Texans.
After the resolution passed, Attorney General Ken Paxton and a cadre of Republican legislators immediately entered chest-pounding mode––a performance typical of firebrand conservatives. Paxton has now threatened to sue the city of Austin. As part of his statement, he insists that, “municipalities do not have the authority to pick and choose which state laws they will or will not abide by.” That’s rich coming from Ken Paxton who, only a week earlier was issuing statements declaring that Texas should defy the updates to Title IX issued by the Federal Department of Education because it includes updated protections for LGBTQIA+ students and faculty.
Enforcement for SB14, Texas’ now infamous ban on health care for transgender youth, relies on the Attorney General and the Texas Medical Board. Neither of those are under the purview of the Austin City Council. So, when the council says that it will not use city resources to target transgender young people, they are neither skirting an obligation nor breaking the law. Just as any employee with a long to-do list knows, the longer the list, the more important it is to hash out priorities. Cities across the state regularly establish priorities for economic or public policy reasons. In this case, the City of Austin made that decision based on values.
The City of Austin’s resolution does not defy state law at all, which anyone can see if they bother to read the text of the resolution. “Except to the extent required by law” is repeated so many times it is almost monotonous. Paxton’s statement on Title IX and Governor Abbott’s subsequent direction to Texas agencies to defy it, if enacted into policy, would be a direct violation of the Constitution. Federal laws trump state laws––there’s never been a question about that.
The current leadership of Texas seems to have adopted the motto, “Do as I say, not as I do.” Texas defies Federal law, while declaring municipalities cannot defy Texas law. Texas falsely argues that its law on banning healthcare for transgender youth “protects children” while it continues to ignore the crisis impacting children within the Texas CPS system. Texas says its outright abortion ban is about “saving lives” while simultaneously rejecting Medicaid expansion that would provide healthcare to those in need.
Texas spends its time attacking drag performers under the guise that they pose a risk to children, while we mourn mass shooting after mass shooting in our public schools without any serious policy proposals to stop it. Texas will decry ‘government overreach’ while simultaneously passing laws that insert the state government into your private medical decisions. Texas will pass laws that uplift free speech on college campuses for conservative messengers and then send state police to those same college campuses to attack peaceful protesters because state leadership disagrees with their political positions.
Texans deserve better than an attorney general who has spent more time in a courtroom supporting Donald Trump than he did at his own impeachment trial. Texans deserve better than a governor who spends all his time trying to elevate his national profile rather than leading one of the most diverse states in the country.
In Texas, hypocrisy is what passes for leadership. Luckily, the residents of Austin are getting something better.
Pritchett is deputy director of Equality Texas and a longtime advocate for LGBTQIA+ rights in Texas.
This article originally appeared on Austin American-Statesman: Ken Paxton says cities can’t pick laws they’ll abide by. That’s rich.
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