Momentum grows against Texas decision to strike protections for LGBTQ and disabled people from social work code of conduct

Calls for action from lawmakers and advocates are gaining momentum since a state regulatory board that oversees social workers in Texas stripped protections for LGBTQ and disabled people from the social work code of conduct at the recommendation of Gov. Greg Abbott’s office.

In a Friday news conference, legislators and advocates representing the groups that were struck from the code on Oct. 12 by the Texas State Board of Social Work Examiners urged the board to reverse the decision. The group raised concerns that the move will increase the possibility of discrimination by social workers assisting the groups. They also allege that the rushed action to make the change violated the Texas Open Meetings Act and is illegal.

Members of Congress have written letters calling for a reversal from the board, a petition to overturn the decision had more than 22,000 signatures as of Friday afternoon and former Democratic presidential candidate Pete Buttigieg called the change “disturbing.”

“As a member of the LGBTQ community, this is the latest reminder of a series of reminders that unfortunately I know all too well,” said state Rep. Jessica González, D-Dallas and vice chair of the Texas House LGBTQ caucus. “It’s about reminding those of us that have never belonged not to get too comfortable, because despite our achievements, our character, our contributions to our families and our communities, there are people in power who want us to know that at any time, someone can refuse to serve us and someone can refuse to see us.”

Abbott’s office said the change was made simply to align the rules with the state’s Occupations Code, which determines what discriminatory actions social workers can be disciplined for.

But social workers and legislators have disputed the office’s claim, pointing out that the language protecting LGBTQ and disabled people has been in the social work code of conduct for years without anyone raising concerns.

“Why now? The rule has been on the books … for 10 years and no social worker requested that the language be removed, and why would they?” Equality Texas CEO Ricardo Martinez said during the news conference. “It is in opposite of what they do, which is to help people function their best in society.”

Abbott’s office did not respond to a request for comment Friday about the continuing controversy.

The change was also approved unanimously by the board despite its failure to post the action in the Texas Register in advance of the meeting or to provide adequate time for the public to comment on it. Abbott’s office recommended the change to the board the Friday before the Monday meeting, catching social workers off guard.

“As a person who is a Governor Abbott appointee and a Governor [Rick] Perry appointee to a regulatory board that oversees three practices, I can tell you this would have had red flags all over it if we would have received something on a late Friday afternoon to discuss on a Monday,” said Chase Bearden, deputy executive director of the Coalition for Texans with Disabilities and member of the Texas Board of Architectural Examiners.

“The board should stand up and have a discussion about how things are being run on their end,” Bearden said.

Avery Belyeu, south central regional director for Lambda Legal, said the groups were considering a legal challenge to the change on the basis that it violated the Texas Open Meetings Act, but they would wait to file such a challenge until the board has been given a chance to reverse the decision on its own.

The group encouraged Texans to attend a meeting Tuesday of the social work board where the issue will be revisited.

The legislators at the news conference also called on the Texas Legislature to pass a comprehensive nondiscrimination bill that would include employment protections for LGBTQ people and guarantee equal access to housing and health care.

González announced the bill in May and is spearheading the fight ahead of the 87th legislative session beginning in early 2021. She’s already secured support from Republican state Reps. Sarah Davis of West University Place and Todd Hunter of Corpus Christi and said Friday that she expects the bill to pass the House but face an uphill battle in the Senate.

“It’s the right thing to do,” state Sen. José Menéndez said during the news conference when asked about support for such a bill in the Texas Senate. “At the end of the day, I would hope people will not make this a partisan issue. You either believe discrimination is right or it’s wrong, and I believe discrimination for any reason is wrong.”