Texas legislature dances a little sidestep

Timothy Kincaid

June 2nd, 2015

Fellow Texans, I am proudly standing here to humbly see.
I assure you, and I mean it – Now, who says I don’t speak out as plain as day?
And, fellow Texans, I’m for progress and the flag – long may it fly.
I’m a poor boy, come to greatness. So, it follows that I cannot tell a lie.

Ooh I love to dance a little sidestep, now they see me now they don’t –
I’ve come and gone and, ooh I love to sweep around the wide step,
Cut a little swathe and lead the people on.

The musical Best Little Whorehouse in Texas parodied the Texas style politician as a good ol’ country boy with the skill of bamboozling the public with words but never quite saying or doing anything concrete. And this past month, life has mirrored art.

For much of May, the legislature in Texas has been in a whirl of rhetoric about the Lone Star State’s autonomy, upstanding morals, and objection to them gays ruining the sanctity of marriage. No less than 23 bills were presented all designed to either hinder gay marriage, derail gay rights, or just insult gay people. But other than one bill, no legislation seemed to get passed.

First there was a big show of whether Republicans could rush through the pile of bills before the deadline or if Democrats could run out the clock before a bill could be passed that would block funds for the issuance of marriage licenses to same-sex couples. And, whew, it was a squeaker but the clock ran out.

But boy-oh-boy did those Republicans take a stance after the fact. They issued a letter telling the public in no uncertain terms that they pledged to continue to support traditional marriage and the flag and apple pie. A strongly worded letter, mind you.

And there there was the scare that the Republicans in the Senate would revive that bill or some other bill to stick it to the gays. And, by golly, they found the perfect vehicle on which to attach an amendment protecting the sanctity of marriage: some House bill having to do with county administration.

But, darn it, it turns out to everyone’s surprise that the author of the bill in the House was a Democrat and a firm supporter of marriage equality. And he let it be known that he’d pull the bill if they did. So that just didn’t work out.

Well! Gosh! What a disappointment!

But let it be known that they did get one bill passed. And it was a real crowd-pleaser. Senate Bill 2065

A religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief.

Whew, what a victory. Now pastors don’t have to conduct gay marriages. And if the First Amendment to the US Constitution is ever repealed, Texas will have this bill right here protecting pastors from conducting sacraments contrary to their faith.

Of course, it’s all just window dressing. Meaningless gestures designed to keep the anti-gay rabble happy.

For, as we now know, the Texas Republicans in the legislature never intended to pass anti-gay legislation. Because as much as they love to wave the Lone Star Flag and quote the Bible, the legislators in Texas don’t answer to the religious right. They have an entirely different constituency.

Mark McKinnon, chairman of the GOP group Texas Wins, has a piece today in Politico Magazine explaining how Big Business in Texas came down squarely on the side of their gay employees. And no one can run for office these days without either Big Business or Big Union money.

The Lone Star State just wrapped its legislative session, which included two “religious freedom” constitutional amendments. Learning from what happened in the above states, industry groups and major businesses went out pre-emptively — let me say that again: pre-emptively — before such bills made it too far in the Legislature. The conservative state chamber of commerce, the Texas Association of Business, took the lead.

The amendments “would devastate economic development, tourism and the convention business,” said Bill Hammond, TAB’s CEO. “One has to look no further than Indiana to realize what a detriment this would be, and how hard it would be to sell Texas to the rest of the country. The Super Bowl [in Houston in 2017], the Final Four, all those things would be at risk in Texas if this were to become part of our Constitution.”

More than 250 Texas companies — American Airlines, Dell, Texas Instruments, Dow Chemical, the Dallas Mavericks — went on record with a general pledge in support of treating gay and transgender Texans fairly and equally under the law — and that welcoming and inclusive communities are essential to their bottom line.

Both amendments in the Texas Legislature died a quick death.

But boy has it been fun watching them all dancing a little sidestep and all the activist, right and left, swaying along to the music.

Hyhybt

June 2nd, 2015

Thanks, now I’ve got “Texas has a whorehouse in it” stuck in my head, and I don’t even know but a few lines.

Mark F.

June 3rd, 2015

The left has always mocked libertarians for the view that the market tends to minimize anti-gay discrimination, and we are DOOMED unless we pass some law. This is Exhibit A in favor of libertarians. Unless it’s important to you that every last business in Texas is compelled to be nice to gay people, including every homophobic Christian cake baker, ENDA just is not that significant anymore.

Priya Lynn

June 3rd, 2015

The idea that greed will significantly overcome the tribalism inherent in human nature was long ago proven false by the treatment of black people in the U.S. under Jim Crow.

Priya Lynn

June 3rd, 2015

And let’s not pretend human nature has changed between then and now.

mikeksf

June 4th, 2015

Mark F. Yes, it is important to me that every last business in Texas, including every last homophobic pizza parlor or baker or jeweler or florist is compelled to treat gay people the same way they must treat every other citizen. That is why we need laws and why EDNA is still significant.

Priya Lynn

June 4th, 2015

Hear Hear.

Priya Lynn

June 4th, 2015

And of course while the very large companies may generally be gay friendly, if I remember correctly, half of all employment is made by small companies which are generally not nearly so advanced. There’s a lot of homophobia in small companies and an LGBT person still has a high probability of not being hired, or of being fired, for who they are in a small company so ENDA is absolutely still necessary.

Timothy Kincaid

June 4th, 2015

I’m not a huge fan of compelling, coercing, or forcing in general.

Priya Lynn

June 4th, 2015

Like almost everything else, whether or not it is justified depends on the situation.

MattNYC

June 4th, 2015

Timothy,

It’s spelled “BIDNESS” in Texas.

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