During the 88th Texas legislative session, Safara Malone, who identifies as a transgender woman, was a senior in high school. She said the discussion of legislation was constantly on her mind, like it is for other transgender and queer people. However, having a community of other queer people who supported her saved her a lot of heartache.
Malone now works as a policy intern for the Transgender Education Network of Texas, where she advocated for the trans community during this past legislative session. This session saw over 200 anti-LGBTQ+ bills filed, with a majority of them explicitly targeting the trans community, according to the Transgender Education Network of Texas.
On June 20, Gov. Greg Abbott signed Texas House Bill 229 into law, which establishes general definitions for the terms “male” and “female” and instructs governmental information to regard biological sex only.
“In Texas, we only recognize two sexes, male and female, and House Bill 229 ensures that our state speaks with clarity and consistency when collecting data related to sex,” said Rep. Mayes Middleton (R-Galveston), who sponsored the bill, during a Senate Committee on State Affairs. “HB 229 defines ‘male’ and ‘female’ based on immutable biological characteristics — reproductive anatomy, rather than subjective identity.”
Ash Hall, a policy and advocacy strategist for the American Civil Liberties Union of Texas, said the written language of bills passed this session largely erased trans and intersex people. Theoretically, under HB 229, people who are not able to reproduce now exist in a gray space where they are not considered either sex, they said.
“If a woman has had to have her ovaries removed, under this particular bill, she’s no longer clearly a woman,” Hall said. “It really doesn’t make a lot of sense.”
When laying out the bill, Middleton said that the terms “man” and “woman” are increasingly interpreted in conflicting ways. This creates confusion and inconsistent application of laws, which can jeopardize the integrity of single-sex spaces and programs, he said.
Advocates say that because of the bill’s vague language, there will likely be significant confusion between individual state agencies on what policies to adopt and how to implement them, according to the Transgender Education Network of Texas. This confusion will specifically affect how agencies handle people’s existing documents.
In comparison to other groups, Hall said transgender and intersex Texans especially need documents that reflect their true identity, as there are many scenarios where someone may have to show a form of identification, such as entering a club or applying for college. Having a difference between someone’s outward appearance and their documents can cause harassment or discrimination, Hall said.
“It’s really, really important for not just the trans community, but also the government to grasp that the average person does not wish harm on their trans neighbor,” Hall said. “That’s not in line with Texas values.”
Editor’s note: A previous version of this article stated that Safara Malone was a high school senior during the 89th Texas legislative session. Malone was a senior during the 88th legislative session, not the 89th. The Texan regrets this error.
