LCR Texas Statement & FAQs HB 4042/SB 29

On April 20, 2021, LCR Texas offered the following testimony at the Texas State capitol regarding Texas House Bill 4042, and issued a public statement. We understand the highly sensitive and emotionally-charged nature for persons on both sides of this issue, and understand why so many choose to evade the questions increasingly being brought to the public square. Therefore, we strongly believe in the need to fully and carefully address every serious question or concern raised regarding this issue.

The following policy position was adopted unanimously by the representatives of all LCR chapters in Texas.[1

Log Cabin Republicans of Texas supports House Bill 4042, and its companion Senate Bill 29.  While we may have reservations about the bills’ lack of nuance allowing schools latitude to address very unique situations, and about the issues it leaves unresolved that will certainly arise if this bill becomes law,[2] we nonetheless believe this law takes a necessary step in protecting interscholastic athletic activities that are currently segregated by biological sex for the benefit and safety of both girls and boys.[3]

There is a reason why Title IX was added to the Education Act of 1972, to specifically exempt segregation by sex in sports from the broader prohibitions against discriminatory segregation found elsewhere in the act.[4] This was based then on the widespread recognition of the scientific reality of two sexes[5] with significant and consequential physical differences, a reality recognized throughout history by every culture, and repeatedly confirmed by modern science.[6]  This allowance for sports segregation by ‘sex’ has always been understood as biological sex.  The reason for the division of sports between girls and boys, and not some other criteria based on cultural difference, religious beliefs, or any other kind of social identification, was plain and simple: the two sexes are physically built very differently, from the cosmetic level down to the chromosomal level.  These differences are easily evident from statistics of events at all levels, from high schools to the Olympics, where the different levels of performance between the two sexes are plainly evident (save for where biological males are allowed to compete against females).[7]

Erasing the distinction in sports based on sex, and replacing it with a distinction based merely on a personal declaration, turns on its head the very purpose of having separate athletics for boys and girls, not to mention men and women, and would harm nearly all girls looking to compete in sports, and potentially also many young boys competing against a person under a steady regimen of testosterone – though that is yet to be determined.  Aside from scholarships, erasing the biological distinctions could also affect young biological girls’ perception of their future role in athletics, with many potential ramifications for women down the line.

Truly transsexual individuals deserve our compassion and understanding, and the equal protection and affirmation of all their due rights under our US and Texas constitutions, just as any human being with a set of circumstances that vary from the general norm,[8] and we at LCR Texas are determined to find ways to affirm and protect those rights.  But, this cannot mean we have to sacrifice the rights also due to all young women who are not trans.

Therefore, we will stand with the many friends and allies who have long supported and stood with us at LCR Texas in our mission that includes the advance and protection of the rights of trans people, and support along with them this step towards the return to common sense.

ADDITIONAL NOTES – Updated 4-22-21; 2:15 PM CDST

We at LCR for decades have explained to the world that being gay or bisexual is not a choice.  We do not challenge nature or the science of our biology, nor millennia of human history’s distinctions and separations of the two sexes. We are not now going to say that how you were born can now be ‘changed,’ and everything regarding sex and gender is simply a ‘choice.’

We do believe that truly transsexual or transgender individuals, individuals with very specific set of uncommon circumstances that science is still only beginning to understand, are human beings that should treated with equal rights under our laws just as all persons, including those that vary from norms in different ways, and should be protected from unfair discrimination in housing, employment, and provided fair access to public accommodations as defined in the original Civil Rights Act of 1964 for the last 56 years (NOT the Equality Act, which is opposed by LCR at the national level and in Texas).

As questions are posed to us, we will be posting our answers on this page. Questions may be made to 713-380-1607 or emailed to chairman@logcabintexas.us.

QUESTIONS ANSWERED

Won’t passing this bill cause economic harm to Texas? Posted 4-20-21; 5:20 PM CDST.

We recognize concerns or even threats of boycotts and economic impact to our state by large corporations.  However, we object on principle and on a practical basis to surrendering the right of Texans to define their own laws to unelected corporate executives.  In addition, it’s worth noting the report by the Texas Young Republicans released in 2017 debunking the substance of the Texas Association of Business arguments of corporate threats on similar matters: “The Human Rights Campaign is a powerful and highly active left-progressive organization that is currently heavily invested on driving a very specific agenda, …in the TAB ‘report’, it is cited as a source for what constitutes anti-‘LGBT’, without explaining what that really means.”  A column authored by the now current LCR Texas chairman Marco Roberts and now current Texas GOP General Counsel Susanna Dokupil, published in 2019 in the Texas Tribune, provided similar evidence: “The Greater Houston Partnership similarly warned that repeal of the Houston Equal Rights Ordinance [which was positioned by the Left and the media as ‘pro-LGBT’], or HERO, in 2015 would spell doom for Houston’s businesses, but as Texas Monthly reported, the impact was ‘nothing, nada, zilch.'” (You can search for ‘Texas Young Republicans TAB Report’, or ‘Texas Tribune Protecting Freedom and Business).[9]

https://texasyr.gop/news/texas-young-republicans-respond-tabktob-report-economic-impact-discrimination-legislation-texas/

https://www.tribtalk.org/2019/05/20/protecting-freedom-and-protecting-business/

Why do you say ‘unfair’ discrimination? Posted 4-20-21; 5:25 PM CDST.

‘Discrimination’ merely means discernment of difference.  The law provides for many kinds of lawful ‘discrimination’ as with the two sexes when allowing separate, segregated sports or changing facilities.  It allows for favorable discrimination in some cases, as with persons with disabilities or military veterans qualifying for benefits or treatment not available to the general population, hence, our reference to unfair or illegal discrimination. In the current debate, the issue is NOT the elimination or imposition of discrimination, but rather the replacement of discrimination/segregation by sex to discrimination/segregation by self-declaration of gender identity.

In response to the reference made to the famed trans athlete Rene Richards, the first male to female trans person to be allowed to compete as a woman in women’s teams. Posted 4-20-21; 5:54 PM CDST.

Rene Richards reversed her position on transwomen being allowed to compete against other women, quoted on Slate.com on October 25, 2012:

“Having lived for the past 30 years, I know if I’d had surgery at the age of 22, and then at 24 went on the tour, no genetic woman in the world would have been able to come close to me. And so I’ve reconsidered my opinion.” She added, “There is one thing that a transsexual woman unfortunately cannot expect to be allowed to do, and that is to play professional sports in her chosen field. She can get married, live as woman, do all of those other things, and no one should ever be allowed to take them away from her. But this limitation—that’s just life. I know because I lived it.”

Why do you refer to transsexuals? Posted 4-22-21; 2:40 PM CDST.

From a 2015 study published online by the National Center for Biotechnology Information under the National Institutes of Health:

“Since the 1990’s the word transgender has been used primarily as an umbrella term to describe those people who defy societal expectations and assumptions regarding gender (e.g., Lev, 2004; American Psychological Association, 2009a). It includes people who are transsexual and intersex, but also those who identify outside the female/male binary and those whose gender expression and behavior differs from social expectations. As in the case of sexual orientation, people perceived or described by others as transgender – including transsexual men and women – may identify in various ways (e.g., Pinto and Moleiro, 2015).”

‘Transgender’ therefore is not the most accurate and precise word to explain what the issue is in this case. We are not referring to persons who merely do not conform to social expectations to a specific gender or sex, yet do not identify with the opposite sex, but still consider themselves transgender. Therefore, while it is true that most persons who identify as trans prefer the term ‘transgender’ to the older term ‘transsexual’, and the term ‘transsexual’ does not always apply to transgender, there are those who are transsexual who do prefer the term transsexual to the term transgender, and this is the most accurate and precise term for this policy discussion. In purely social circumstances, care should be taken to avoid offense, and to use words that make others in our presence most comfortable. However, in policy discussions, clarity and accuracy in words is important, regardless of political interests that may favor obfuscation.

Equality Texas claims HB 4042 would “ban transgender” youth from participating in school sports. Is that True? Posted 4-24-21; 11:35 PM CDST

It is not true. HB 4042 only preserves the current policies already in place in most schools in Texas, though challenged in other states. There are trans youth participating in school sports today in Texas. HB 4042 does not “ban” anyone from participating in school sports. It only defines the terms of permissible segregation of school sports as primarily between two sexes, with some exceptions. That essentially means segregation of sports by race, ethnicity, religion, or gender identity is not permitted – not that anyone is banned. While we acknowledge some deficiencies in HB 4042, we maintain it is far better than the chaos that has been brought to school sports in other states.

END NOTES 

[1] Houston, Dallas, San Antonio and Austin.

[2] Example-bill does not address what to do with a transboy (a biological girl identifying as a boy who is on a regimen of male hormones that would make competing with other girls an equally problematic situation.  It does not address how to accommodate children that do experience a legitimately diagnosed, deep-seated gender dysphoria.  It does not address how to account for new developments in science.  These are some examples.  How to address?  That is a sensitive and complex subject that LCR Texas is ready and willing to take on in a different forum.

[3] Various studies, including one by the US Marines completed in 2016 in its assessment on the consequences on integration of the female sex into combat units found that female bones break more easily, in addition to susceptibility to other injuries .

[4] Federal law as passed by Congress, in Title IX of the Education Act of 1972, allows (but does not require) segregation of bathrooms, locker rooms, and such, as well as team sports, by “sex” (it does not refer to ‘gender’ or ‘gender-identity’).  In Title IX, discriminatory segregation based on sex is permitted under the CRA, as detailed in the Code of Federal Regulations (CFR) Title 34, Subtitle B, Section 106.33 (toilets, locker rooms, and shower facilities) and in Section 106.41 (team sports, and contact sports). Court rulings have ignored it, or have reinterpreted ‘sex’ to mean ‘gender identity.’

[5] The existence of intersexuals (statistically rare persons with both male and female sexual characteristics) does not contradict, but rather affirms the reality of two opposite sexes.

[6] National Institute of Mental Health – July 20, 2020 • Press Release -A scientific analysis of more than 2,000 brain scans found evidence for highly reproducible sex differences in the volume of certain regions in the human brain. This pattern of sex-based differences in brain volume corresponds with patterns of sex-chromosome gene expression observed in postmortem samples from the brain’s cortex, suggesting that sex chromosomes may play a role in the development or maintenance of sex differences in brain anatomy. The study, led by researchers at the National Institute of Mental Health (NIMH), part of the National Institutes of Health, is published in Proceedings of the National Academy of Sciences.

[7] Differences in winning records between males and females are beginning to disappear in locations where biological males are allowed to compete against biological females, where the biological males easily defeat all biological females and set new records and future female students have little chance of breaking.  Two transgender athletes (male to female) —Terry Miller and Andraya Yearwood —amassed all 15 different Connecticut state championship titles in 2019 that were once held by nine different girls across the state.

[8] Persons who are hearing or sight impaired, persons with absence of pigment in the skin, person who are unusually tall or short.  With each of these, accommodations can and should be made, but we do not deny everyone else access to say, movies or radios, or activities in the sun, simply because these cannot be equally enjoyed by persons with highly uncommon situations.

[9] The Texas Young Republicans note that the TAB report arguing economic boycotts (and others like it) is actually backed by left-wing progressive groups.  The Texas Tribune article notes additional stats.