Judges Body-Slammed These 3 GOP-Backed Laws This Week

Texas Republicans dominated the past legislative session, making gains in red-meaty areas including, but not limited to, banning books, infusing religion into schools and targeting the LGBTQ+ community.

It turns out some of the GOP’s ultraconservative bills have inspired blowback in court.

On Thursday, one controversial law embroiled in legal kerfuffles was allowed to proceed as planned thanks to the state’s Supreme Court. Senate Bill 14, which bans gender-affirming care for trans minors, went into effect the next day — despite opposition from myriad medical experts and rights groups.

In a post on X Thursday, the American Civil Liberties Union of Texas vowed to continue fighting.

“Let’s be clear: Trans youth are loved and belong in Texas,” the group wrote. “We won’t stop until this cruel ban is struck down.”

At that, the Texas Family Project nonprofit replied: “Cry harder and get used to it. You will not win.”

Cry harder and get used to it.

You will not win.

— Texas Family Project (@FamilyProjectTX) August 31, 2023

Republicans may have scored in that round, but several other GOP-backed bills have hit turbulence in recent days. Here’s the status of three of the most defining bills from the 88th Legislature.

House Bill 2127: ‘Death Star’ Bill

Filed by Republican state Rep. Dustin Burrows of Lubbock, HB 2127 would effectively hamstring urban areas' ability to make their own rules. The sweeping “Death Star” bill is aimed at preventing cities and counties from enacting ordinances that go beyond what’s already laid out in state law.

Well, opponents of the law rejoiced after a Travis County judge ruled it unconstitutional.

On Wednesday, The Texas Tribune reported that although HB 2127 was still expected to take effect Sept. 1, the judge’s ruling “gives cities fodder to counter any lawsuit against local ordinances challenged under the umbrella of HB 2127.” The Texas Attorney General’s Office promptly appealed.

Last week, officials in Denton, Plano, Arlington and Waco locked arms in filing an amicus brief in support of Houston’s lawsuit over HB 2127.

The law’s proponents argue that it will help smooth out uneven business regulations statewide. Critics note that it will squelch mandated water breaks for construction workers in Dallas and Austin — a serious concern given the punishing, relentless heat.

“We're just getting into the summer heat season, when people really do need those kind of opportunities to survive,” Louis Luckhardt with the Dallas AFL-CIO told the Observer in May. “What they're doing is stepping back from what we fought hard to get in the safety standards. … I mean, this is a horrible grab for power from the state level.”

Senate Bill 12: Drag Ban

The anti-drag show law, Senate Bill 12, was dealt a blow on Thursday.

“BREAKING: A federal judge just granted our request to temporarily block Texas’ drag ban from taking effect Sept. 1,” the ACLU of Texas wrote in a post on X. “Drag performers and LGBTQIA+ allied businesses belong in our state — and Texas politicians have no right to censor our free expression.”

BREAKING: A federal judge just granted our request to temporarily block Texas’ drag ban from taking effect Sept. 1.

Drag performers and LGBTQIA+ allied businesses belong in our state — and Texas politicians have no right to censor our free expression.

— ACLU of Texas (@ACLUTx) August 31, 2023

Lawmakers had removed specific “drag” verbiage from the bill when it was still working its way through the state Legislature. SB 12 does, however, seek to ban “sexually oriented performances” in front of minors.

Earlier this week, a drag queen and business owners testified before a U.S. district judge, ABC News reported.

Trey Stewart, owner of Dallas gay bar Mr. Misster, told the Observer in May that drag doesn’t fit into the “sexually oriented performance” category. Rather, it’s a kind of artistic expression that works to lift people’s spirits.

“Drag queens are there to brighten your day,” he said at the time, “so to try to weaponize that is just mind-boggling.”

House Bill 900: READER Act

The paranoia surrounding school library books spun out of control over the past couple of years before forming into the tornado that is HB 900, the so-called READER Act. But on Thursday, a federal judge hit pause on HB 900’s enforcement.

The law by state Rep. Jared Patterson, a Frisco Republican, is geared toward removing “sexually explicit” books from school shelves.

Yet many opponents have argued that the “unconstitutional” law would completely overwhelm book vendors, who’d be required to rate each title they sell to school districts. Other naysayers also point out that it could serve as a pretext to strip shelves of titles related to gender, sexuality or race.

“I don’t care if you’re a small business or a big business; if you’re selling something that’s going to be in the hands of children, you should know whether or not it’s safe for that child to consume,” Patterson told the Observer in a statement last month. “The book vendor is the one with the financial relationship with the school district and, so they’re the ones that can most easily be held accountable for this.”

The ACLU of Texas celebrated the judge’s move on X: “When students are denied access to books, they’re denied the opportunity to learn about themselves and the world around them. This is a major win for students’ futures.”

GOOD NEWS: Texas’ book ban #HB900 targeting LGBTQIA+ and BIPOC stories will NOT take effect Sept. 1.

When students are denied access to books, they’re denied the opportunity to learn about themselves and the world around them.

This is a major win for students’ futures. https://t.co/5cONDaGubj

— ACLU of Texas (@ACLUTx) August 31, 2023