First vote to happen on Austin transgender protections measure

AUSTIN (KXAN) — An effort to extend some protections to transgender Austinites and their ability to seek gender-affirming medical care will receive its first vote Monday evening.

The City of Austin’s LGBTQIA+ Quality of Life Advisory Commission is set to consider a resolution during its meeting, which will also include a town hall about an LGBTQIA+ Cultural Center and a discussion about the potential need for one.

The meeting began at 6 p.m. at the city’s Permitting and Development Center located at 6310 Wilhelmina Delco Dr. in north Austin.

Council Member Chito Vela of District 4 is introducing the transgender protections resolution. If the advisory commission votes Monday in support of it, then Vela said the full council will take it up at a later date. He expects it to clear all these hurdles and send a message to the LGBTQ+ community.

“That we have their back, that we will be there for them, that we are concerned about them and what they’re going through,” Vela said Monday. “We’re concerned about what the Texas legislature is doing, and that in every way possible within the laws that we have to follow, we will support them. We will be there for them, and we understand what they’re going through, and we want to help as much as we possibly can.”

The approach to the resolution is similar to what Vela did two years ago when he put forward the GRACE Act, a series of resolutions aimed at protecting reproductive rights after the Supreme Court overturned Roe v. Wade. One of those measures deprioritized enforcement of criminal laws surrounding abortion, and that’s reflected in the latest proposal for the transgender community.

“We are deprioritizing the prosecution of anybody seeking the gender-affirming treatment for a minor child,” Vela explained. “So as to the extent possible, we want the Austin Police Department to put any kind of prosecution for the gender-affirming treatment for a minor child at the lowest priority level. We don’t want to be using city resources. We don’t want to be using our officers’ time to go after these alleged crimes, and then to the extent that other jurisdictions are looking to prosecute or investigate these folks, we also only want to cooperate, again, to the extent required by law, which would be of course if there is a warrant or a subpoena. We will absolutely cooperate, but to the extent that we’re not required to cooperate, we choose not to.”

The resolution would not, though, designate Austin as a “transgender sanctuary city,” which will undoubtedly disappoint the activists who began pushing for that last year if it’s ultimately approved. Vela responded Monday to the possible criticism that his measure does not do enough. He admitted he wishes he could do more, but he said city leaders have to move forward carefully given the scrutiny this will likely bring by state Republican lawmakers.

“I understand that folks want us to go farther and want us to really kind of, you know, fight,” Vela said, “but I don’t want to overplay our hand, get struck down by the courts and then kind of be back at the place that we started with nothing to show for it. So we want to be very careful and very strategic, and we want to make sure that the protections that we’re instituting are going to survive and are going to last.”

Lorén Perkins, an Austin activist, said they’re disappointed to hear this more cautious approach.

“I do want them to do more, and the reality is, you know, the people who are trying to limit our rights and limit our access are doing more,” Perkins said Monday. “It’s maddening to see these politicians who claim to be on our side not doing what needs to be done.”

Perkins also said they hope other communities throughout Texas will take similar steps, though, especially ahead of another regular legislative session starting in January.

“As activists are very often fond of saying, this isn’t a sprint. This is a marathon,” Perkins said, “so where we can find wins, we’ll take those wins. And we’ll keep working and pushing towards more robust protections.”

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