Call your TX Senator and ask them to vote NO on SB 723 #SB723
Texas Senator Williams (R –Woodlands) has made it clear that he is an extremist who believes that politicians should get to decide what sex you are. If your child is intersex, he believes that his opinion counts more than the informed counsel of medical, psychological and/or genetic specialists. He thinks he knows what legal sex an intersex child must be better than the child’s own parents. In complex cases where a child is intersex, Williams wants to take away the power of a parent as well as Texas judges to make informed decisions based upon expert testimony.
In 1999, the Texas 4th circuit court of appeals used a 40 year old defunct non-American law as guidance to conclude that God made 2 immutable sexes which relegated all the Texas children and adults who undergo genital corrective surgery into a legal limbo.
“The deeper philosophical (and now legal) question is: can a physician change the gender of a person with a scalpel, drugs and counseling, or is a person’s gender immutably fixed by our Creator at birth?” – Chief Justice Phil Hardberger, Littleton v Prange, 1999
In support of Justice Hardberger’s logic, Justice Karen Angelini recognized the fact that Littleton v Prange is problematic for intersex people, saying:
“[Because] we lack statutory guidance at this time, we must instead be guided by biological factors such as chromosomes, gonads, and genitalia at birth. […] such biological considerations are preferable to psychological factors as tools for making the decision we must make. I note, however, that ‘real difficulties … will occur if these three criteria [chromosomal, gonadal and genital tests] are not congruent.’ We must recognize the fact that, even when biological factors are considered, there are those individuals whose sex may be ambiguous. Having recognized this fact, I express no opinion as to how the law would view such individuals with regard to marriage. We are, however, not presented with such a case at this time.” – Justice Karen Angelini, (Concurring Opinion) Littleton v Prange, 1999
In other words, they knew Littleton v Prange would be problematic for intersex Texans, but they just didn’t care. Under Littleton v Prange case law, everyone is whatever your doctor said you were on your birth certificate and that can never be challenged no matter what gonads, chromosomes or natural gender you are later found to have.
SB 723 was resurrected Monday because Senate Democrat Carlos Uresti was persuaded to support it. Sen. Uresti comes from San Antonio and San Antonio is where Littleton case law comes from.
We beat SB 723 once before and we can do it again!
All we need do is what we did last time… with one small difference: If you know of anyone living in San Antonio, get them to call the turncoat Sen. Uresti and demand that he vote AGAINST SB 723. He needs to hear from his constituents!
Priority One: Contact Sen. Uresti
Phone: (512) 463-0119
Fax: (512) 463-1017
Web Mail: http://www.senate.state.tx.us/75r/senate/members/dist19/dist19.htm#form
Demand that he VOTE and that he VOTES AGAINST SB 723!
Afterwards, call the rest of the Democratic Senators and tell them to VOTE AGAINST SB 723:
Mario Gallegos (512) 463-0106
Wendy Davis (512) 463-0110
Rodney G. Ellis (512) 463-0113
Kirk Watson (512) 463-0114
John Whitmire (512) 463-0115
Juan “Chuy” Hinojosa (512) 463-0120
Judith Zaffirini (512) 463-0121
Royce West (512) 463-0123
Leticia R. Van de Putte (512) 463-0126
Eduardo A. (Eddie) Lucio, Jr. (512) 463-0127
José R. Rodríguez (512) 463-0129
You can call day or night!
This is one of those majorly important things that will impact the lives of the people you care about. Take the 10 minutes and make the calls. PLEASE!
Most of the media has reported that this is an anti-trans/anti-gay marriage bill. What they don’t seem to understand is the a bill has 2 pieces: the bill text and the bill intent. The intent is what gives any law context. Legislative intent is the thing that judges look at when trying to make a legal decisions.
It is the legislative intent of SB 723 to ensure that Littleton case law logic becomes the context through which the State of Texas views the process of defining legal sex. Littleton case law states that whatever sex the doctor puts on your birth certificate is infallible and can never be changed no matter what. Should this become the context through which the Sate of Texas MUST view legal sex, it will ruin the lives of thousands of Texans. To be blunt, men will be forced to assume a legal female sex and women will be forced to assume a legal male sex. From the use of official Texas identification to the use of restrooms, SB 723 can purposefully cripple the lives of thousands of Texans who suffer from a valid medical condition.
SB 723 is a cancer that will undermine the ability of transgender person to function in society. SB 723 will do what it seems to be intended to do: single out and wreak havoc in the lives of trans people.