Texas Bill Would Make Identifying as Transgender a Crime
A proposed law in Texas could jail trans individuals who attempt to be recognized by their gender identity under the provision of "fraud."
A newly introduced Republican bill in Texas seeks to criminalize anyone who identifies as transgender.
Introduced by State Rep. Tom Oliverson (R-Cypress), the bill would amend the Texas Penal Code to create a new form of fraud known as “gender identity fraud.”
Under the bill, if a person makes a “false or misleading verbal or written statement” to a government entity or a private employer asserting that their gender is the opposite of the biological sex assigned to the person at birth, that person could be charged with a felony, could serve up to two years in prison, and be fined $10,000.
Oliverson’s bill echoes a recent directive from Secretary of State Marco Rubio that would permanently ban transgender athletes from entering the United States for athletic competitions if they have identity documents with a gender marker that does not align with their assigned sex at birth.
It also aligns with an executive order from President Donald Trump declaring that the federal government will only recognize two sexes — male and female — based on a person’s assigned sex at birth.
It comes on the heels of a bill introduced last year that banned transgender residents from changing the gender marker on their drivers licenses or birth certificates to align with their gender identity.
This year, Republican lawmakers have introduced a separate bill to ban gender-affirming care for all individuals, including adults, after successfully passing a ban on gender-affirming care for transgender youth two years ago.
If passed, the bill could prove problematic for transgender individuals who have had some of their identity documents changed to reflect their gender identity.
Moreover, regarding private employers, anybody seeking to have their gender identity recognized at work could be prosecuted under the law.
Callie Butcher, the founder of Butcher Legal Group, a Dallas law firm that serves the LGBTQ community, told the Houston Chronicle that while she doesn’t believe Oliverson’s bill will pass, it is consistent with other bills introduced in Texas seeking to erase transgender identity and restrict freedom of expression.
“This fits right along with the agenda that we’ve been seeing pushed, for the past several sessions, specifically around policing of people’s gender and how they’re able to identify themselves on documents and in sports leagues,” Butcher said.
She also said the bill disparages transgender people by making them seem deceitful by allegedly misrepresenting their gender identity, echoing talking points used by opponents of transgender equality.
Sadie Hernandez, a spokesperson for the Transgender Education Network of Texas, told the Chronicle in a statement that while legislation like Oliverson’s bill is concerning, many anti-LGBTQ bills that are filed each session never pass.
She noted, however, that it is crucial for LGBTQ people, especially trans people, to remain vigilant about potential threats to their rights.
“Bills like this are likely to cause distress and anxiety in the trans community, especially now when we are facing threats at all levels of government,” Hernandez said. “We are monitoring all bills relating to trans rights and will keep the community updated with bills that are at the alarming part of the legislative process. We do not want trans and gender-expansive Texans to be exhausted before it’s time to hit the ground running at the Capitol.”
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