Transgender Education Network of Texas
Transgender Education Network of TexasAction Alert
ACT NOW! 

Senate Bill 723 would disallow proof of sex change as appropriate documentation for marriage
  
Austin, TX - March 22, 2011 - Texas Family code as amended in 2009 currently allows the use of an original or certified court order of name change or sex change for purposes of marriage in the state of Texas. Senator Tommy Williams (R-Woodlands) has authored a bill that would disallow such proof, effective September 1, 2011.
  
This legislation is a direct attack on civil rights garnered by transgender Texans in 2009 and effectively erases gender diversity from legal protection and public discourse. 
What does Senate Bill 723 do: 
 
This bill effectively makes "law of the land" the precedent set in the 1999 Littleton v Prange case where Christie Lee Littleton of San Antonio was denied the right to sue her husband's doctor for malpractice because, in the eyes of the judge, Christie Lee Littleton  - a vaginated woman of many years - was a male and therefore not the legal spouse with right to sue.
  
From the Senate Research Center Bill Analysis of SB 723
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT  

 

 

H.B. 3666, 81st Legislature, Regular Session, 2009, allowed applicants for a marriage license to use an original or certified copy of a court order relating to the applicant's name change or sex change.

 

In a 1999 decision, Littleton v Prange, by the Fourth Texas Court of Appeals in San Antonio, Chief Justice Phil Hardberger concluded that an individual's sex is decided by biological factors at birth, as indicated on a birth certificate. In Chief Justice Hardberger's opinion regarding the transsexual marriage between two male born men, he stated, "We hold, as a matter of law, that Christie Littleton is a male. As a male, Christie cannot be married to another male. Her marriage to Jonathon was invalid...".

 

S.B. 723 amends Section 2.005(b), Family Code, by removing "or sex change" in reference to documents acceptable in proving an applicant's identity for obtaining a marriage license.

 

As proposed, S.B. 723 amends current law relating to the proof of an applicant's identity and age required for the issuance of a marriage license.

 

 
What are some things you can do? 
  
In the Austin area: Go by the Senate Committee on Jurisprudence meeting on Tuesday, March 22, 2011 at 1:30 pm room 2E.20 (Betty King Cmte. Rm.) of the Capitol and submit a testimony card AGAINST SB 723.
  
Everyone can: Call the members of the Senate Committee on Jurisprudence and urge the committee members to kill this bill in committee, do not allow it to see "the light of day"
To do this:
Call: 512-463-4630
Ask for one of the members of the Senate Jurisprudence Committee (listed below):
When connected:
  • IDENTIFY: yourself by name, any organization you represent, and town from which you are calling
  • EXPLAIN: "I am calling to oppose Senate Bill: SB 723 as it is an injustice to trans identified people in the state of Texas" Be polite and concise, concentrate on 1 or 2 talking points you wish to make.
  • REQUEST: A written response to your phone call.
  • THANK: the person who took the phone call for their time and consideration.

Repeat for each member of the committee

 

Senate Jurisprudence Committee Members:

 

PositionMember
Chair:Sen. Chris Harris
Vice Chair:Sen. Jose R. Rodriguez
Members:Sen. John Carona
Sen. Robert Duncan
Sen. Mario Gallegos, Jr.
Sen. Joan Huffman
Sen. Carlos Uresti

 

 

For more information on this bill:

http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB00723I.htm

http://www.legis.state.tx.us/tlodocs/82R/analysis/pdf/SB00723I.pdf#navpanes=0

 

Transgender Education Network of Texas is a 501c3 Non Profit Organization
  

Our Mission

Transgender Education Network of Texas is dedicated to furthering the cause of Gender Diverse people in Texas.  We will accomplish this through education in both public and private forums.  Through our efforts we will strive to halt discrimination through social, legal, legislative, and corporate education.

Our Vision

Transgender Education Network of Texas envisions a Texas where all gender expressions are respected and treated with equality.

Our Values

Transgender Education Network of Texas is an intentionally inclusive organization that fosters community by providing support and respect to all.

 

Special Thanks to: 
 
Lou Weaver, President of Transgender Foundation of America
Lisa Scheps 
Cristan Williams
Daniel Williams
  
Transgender Education Network of Texas
PO Box 2602
Austin, TX 78768
877.532.6789
Katy Stewart
Chair, Board of Directors
Transgender Education Network of Texas