While many national media outlets are focused on the soap-operatic drama of Democrat lawmakers fleeing the state of Texas to deny a quorum to conduct business, one plotline is being overlooked.
Those lawmakers are ostensibly abandoning their posts to prevent what they deem to be “gerrymandering” of U.S. House districts. Unencumbered by self-awareness or any sense of irony, some chose to visit Illinois, the home of some of the most absurdly gerrymandered congressional districts in America, as at least some have noted. Missing from the media coverage and the public’s attention, though, is the fact that the fleeing lawmakers are jeopardizing two much-needed legislative efforts to protect women and young girls.
The first is HB 32 and its Senate companion, SB 7. These bills protect the privacy of women and young girls in intimate female spaces. The bill is a commonsense solution to the growing problem of men who assert a female identity demanding access to spaces where women change clothes, shower, sleep, and use the restroom. The Texas Legislature should join other states in ensuring that the law reflects reality: we are created male and female. And dignity for all means respecting this fact.
Our sex is immutable and written into every cell of our body. And the differences between the two sexes necessitate separate restrooms, changing areas, and sleeping quarters to protect the safety and privacy of young girls and women. Yet the proposals also accommodate anyone who feels uncomfortable using multi-user facilities consistent with their sex by encouraging the creation of single-user spaces.
Without action, the Texas Legislature is sacrificing the safety and dignity of women and young girls in their most vulnerable spaces. This is an urgent issue, especially in prisons and shelters that house many women who have endured terrible abuse. Due to its size and population, Texas is an important “laboratory of democracy.” Other states can observe policy decisions made in Texas and their impact, to inform policy decisions around the country. This is an important responsibility for Texas and a reason for all Americans to pay attention.
Texas lawmakers and parents would never look their daughters in the eyes and tell them that they must expose themselves and be exposed to a man against their will. Yet failure to act on this bill would do just that. Texas strives to be a leader on the national stage on a host of issues but currently lags woefully behind on protecting women’s privacy. Nineteen states have laws similar to the proposed legislation in Texas—including Arkansas, Louisiana, Mississippi, and Florida. Even the left-leaning U.S. Court of Appeals for the 9th Circuit upheld the constitutionality of Idaho’s girls’ privacy law. It is past time for Texas to take action on this issue.
The second bill pending in the special session that would protect the safety of women and girls is the Mother and Child Protection Act, which addresses the well-documented dangers of abortion drugs. Despite strong pro-life laws, out-of-state abortionists are flooding Texas with abortion pills, exploiting loopholes in federal and state law to bypass our protections. According to a recent study by the Ethics and Public Policy Center, one in 10 women who take mifepristone (one of the two drugs used for chemical abortions that would be regulated by the bill) experience serious adverse effects. Those who do have little to no legal recourse.
This bill creates robust legal remedies for every child and mother injured by abortion drugs and extends liability across state lines to overcome out-of-state laws that “shield” abortion drug providers who unlawfully ship these compounds into Texas.
The measure imposes strict liability on every abortion drug distributor in the chain of distribution, including the drug manufacturers, but also provides an affirmative defense for those who unknowingly distributed the drugs and took reasonable precautions to avoid doing so. And women who take abortion drugs are exempted from liability.
In the rough and tumble world of Texas politics, partisan gamesmanship can often distract public attention and legislative action from issues with real-world impact. This special session is no exception. Texas lawmakers have a short window of opportunity to act on legislation to protect the health, safety, and privacy of women and girls. And that’s exactly what they should do.
Lathan Watts is the vice president of public affairs for Alliance Defending Freedom (@ADFLegal) and its sister organization ADF Action. He earned his juris doctor degree from the University of Mississippi.
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