Texas’ SB 3 and the Death of Small Government Conservatism

As reported by LGBTQ Nation on Sunday:

The Senate State Affairs Committee in Texas voted 8-1 to approve a bill that would restrict transgender rights.

Senate Bill 3 would require people to use the bathroom associated with the sex on their birth certificate in government buildings and schools and ban local governments and schools from passing rules that allow transgender people to use the bathroom associated with their actual gender. …

…

The bill’s author, senator Lois Kolkhorst, opened the hearing. “We’re here today because Texas has a tradition of taking care of these issues and not being dictated to by the federal government,” she said, referring to a bill that would ban cities and school districts from passing certain laws.

The party of small government indeed.

For reference, Senate Bill 3 reads as follows:

Sec. 250.009. REGULATION OF CERTAIN FACILITIES AND ACTIVITIES

(a) Each multiple-occupancy restroom, shower, and changing facility of a political subdivision, including a public school district, or an open-enrollment charter school must be designated for and used only by persons of the same sex as stated on a person’s birth certificate.

(b) Except in accordance with federal law as enacted by Congress and interpreted in controlling federal case law and state law as enacted by the legislature and interpreted in controlling case law of this state, a political subdivision, including a public school district, or an open-enrollment charter school may not adopt or enforce an order, policy, or other measure to protect a class of persons from discrimination to the extent that the order, ordinance, policy, or other measure regulates:

(1) access to multiple-occupancy restrooms, showers, or changing facilities; or

(2) participation in athletic activities.

(c) This section may be enforced only through an action instituted by the attorney general for mandamus or injunctive relief. The attorney general may recover costs and attorney’s fees related to enforcing this section.

The entire point of section (b) is to limit the autonomy and self-governance of local governments and school districts. Senate Bill 3 is not about local control or small government; it is about curbing local control and expanding the reach and invasiveness of the state legislature.

While we’re on the subject of Sen. Kolkhorst’s comments, I feel compelled to mention that, two years ago, Rep. Dan Flynn explained his support for barring transgender individuals from public restrooms with this statement: “I think it’s unbecoming of anyone to want to make others uncomfortable.” Flynn said this without irony, seeming not to realize that being barred from using bathrooms that match their gender identity might make transgender people uncomfortable.

Conservatives say this is about small government and local control—and then expand government and bar local control. Conservatives say this is about safety and comfortability—but completely ignore the safety and comfortability of transgender individuals, who are at far greater risk in both areas than the rest of the population.

Some honesty would be nice.