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February 11th, 2019:

Equality Texas poll on non-discrimination laws

From the inbox:

New data released by national polling organization Public Religion Research Institute (PRRI) shows majority support from every major demographic group for laws to protect LGBTQ Texans from discrimination.

“This poll shows that Texas has turned the corner, and equality for LGBTQ Texans is solidly a mainstream Texas value. The majority of Texans of every region, religion and major ethnic group–including white evangelical Protestants–support legal protections against discrimination.

“Despite overwhelming support for these laws, most Texans don’t know that in Texas you can still legally be fired for who you are or who you love. It’s time to change that by passing comprehensive non-discrimination protections this year,” said Samantha Smoot, Interim Executive Director of Equality Texas.

Comprehensive non-discrimination bills have been filed by Senator Rodriguez (SB 151) Rep. Farrar (HB 244) and Rep. Bernal (HB 254).

The new, in-depth analysis comes from nationally recognized polling firm PRRI, a non-profit, non-partisan organization that conducts independent research at the intersection of religion, culture, and public policy. PRRI’s sample size includes nearly 3000 Texas interviews.

64% of all Texans oppose discrimination against LGBTQ Texans, including majority support from white evangelical Protestants, 54% of whom oppose discrimination. In a breakdown by region of the state, the numbers are highest in Austin, El Paso and the Dallas/Ft. Worth metroplex.

  • Austin/Round Rock 78%
  • El Paso 73%
  • Dallas/Ft. Worth/ Arlington 68%
  • Houston/Woodlands/Sugar Land 64%
  • San Antonio/New Braunfels 64%

The research shows support across a broad range of subgroups for laws to protect lesbian, gay, transgender, and bisexual people from discrimination in jobs, public spaces and housing. Notably, there is bipartisan and cross-denominational support among Texans for LGBTQ nondiscrimination laws, as well as majority support across five major Texas metropolitan areas.

The new analysis also finds that 57% of all Texans oppose allowing a small business owner to refuse to provide products or services to gay or lesbian people based on the owner’s religious beliefs. To date, three bills (HB 1035 by Zedler, SB 444 by Perry and SB 85 by Hall) have been filed in the Texas legislature that would create a license to discriminate against LGBTQ Texans for special groups.

You can see the poll data here. For marriage equality, the numbers are 55% favor, 34% oppose. This is a poll of adults, not registered voters and thus certainly not actual voters, a bit of skepticism on top of the usual amount given for an individual poll is called for. It also helps to have other poll results to compare to, so I went looking and found this from 2017, when the entire state was being held hostage by Dan Patrick’s desire to be the potty police.

Some voters like the [proposed “bathroom bill”] more than others. Overall, 44 percent consider it important and 47 percent do not. Among all Republicans — including those who identify with the Tea Party and those who don’t — 57 percent said such a bill is important, and among Tea Party Republicans, 70 percent said so. Democrats are on the other side of this one, with 53 percent saying the legislation is either “not very important” or “not important at all.”

[…]

That was one of several cultural questions in the June UT/TT Poll. A majority of voters — 55 percent — say gays and lesbians should have the right to marry, a view shared by 77 percent of Democrats, but rejected by 52 percent of Republicans. Across those and most other subgroups in the poll, opposition to same-sex marriage in Texas is softening and support is growing. In June 2015, 66 percent of Democrats approved of same-sex marriages and 60 percent of Republicans did not. Overall, 44 percent of Texans were supportive while 41 percent were not. The U.S. Supreme Court ruled two years ago that gay marriage bans are unconstitutional.

“It’s going to take time,” said Daron Shaw, who co-directs the poll and teaches government at UT-Austin. “But there’s a broader push to inclusivity and diversity, particularly among young people.”

Click through to the poll summary, and you see that support for marriage equality was 55% in favor, and 32% oppose. Which is to say, right in line with this EqTX poll. That’s encouraging, but also a reminder that Texas isn’t quite voting in line with those numbers yet. 2018 was a big step in that direction, and with a slate of candidates that were up front about their support for LGBT equality, but still short of winning. What we should take from these numbers is that we truly are in the majority, and we need to keep pushing. We didn’t win last time, but we’re on our way.

Time again to talk judicial elections

Here we go again, like it or not.

In the wake of a midterm election that swept some 20 Republican appellate judges out of office, Texas Supreme Court Chief Justice Nathan Hecht called on the Texas Legislature to reform a system he called “among the very worst methods of judicial selection.”

“When partisan politics is the driving force and the political climate is as harsh as ours has become, judicial elections make judges more political, and judicial independence is the casualty,” Hecht told both chambers of the Legislature on Wednesday morning in his biennial address, a wide-ranging speech that touched on judicial salaries, technology and bail reform. “Make no mistake: A judicial selection system that continues to sow the political wind will reap the whirlwind.”

In recent history, partisan judicial elections have played well for Texas’ majority party; the state’s two high courts, in which justices run statewide, comprise all Republicans, as they have for two decades. But last year, as turnout surged in urban areas and voters leaned heavily toward the straight-ticket voting option, Democratic judges were swept onto the bench on the coattails of candidates like Beto O’Rourke. All told, Hecht said, in the last election, Texas’ district and appellate courts “lost seven centuries of judicial experience at a single stroke.”

“Qualifications did not drive their election,” Hecht said. “Partisan politics did.”

It wasn’t a new criticism, nor was it the first time Hecht has made such a call. Justices on Texas’ two high courts have been among the most vocal critics of a system that requires justices to run as partisan figures but rule as impartial arbiters, and the state has been challenged in court over the practice. But the call took on new significance after a shattering judicial election for Texas Republicans, who lost control of four major state appeals courts based in Austin, Houston and Dallas. Judges and lawyers who practice before those courts have fretted not just about the startling shift in judicial philosophy, but also the abrupt loss of judicial experience.

Hecht called on lawmakers to consider shifting to a system of merit selection and retention elections — or to at least pass legislative proposals that would increase the qualification requirements for judicial candidates.

You know how I feel about this, so I won’t belabor the point. I don’t doubt that Justice Hecht is sincere But:

1. Republicans have had complete control of Texas government since 2003. That’s eight regular sessions, and however many special sessions, in which they could have addressed this but chose not to.

2. Hecht and former Justice Wallace Jefferson have spoken about this before, but if anyone was talking about it before 2008, when Democrats first started winning judicial races in Harris County, I’m not aware of it.

3. The judges who were voted out may well have been experienced, but that doesn’t mean they’d make better judges than the candidates who replaced them. And the main consideration people had was voting for change. Maybe as part of the party in power, Hecht should given that a little more consideration.

Anyway. Until someone proposes an actual system to replace the one we have, one that takes into account the inherent politics of the process and deals with it in a way that truly enables merit and produces a judiciary that reflects the population it judges, it’s all just noise to me.

(Justice Hecht also had some loud and laudable words in favor of bail reform, which I appreciate. Go read the rest of the story for that.)

From the “Elections have consequences”, Metro referendum edition

Sometimes, consequences are good things.

Rep. Lizzie Fletcher

METRO will get more federal support for public transportation projects if Congresswoman Lizzie Fletcher has anything to say about it. The freshman lawmaker wants to use her new seat on the House Transportation and Infrastructure Committee to back METRO’s Regional Transit Plan.

Fletcher says she learned during last year’s campaign just how frustrated her constituents are about their lack of transit options. “I want to be a partner with METRO,” she told Houston Matters Monday. “And looking at their plan, I know it’s undergoing input right now, community input, through all these town halls they’re doing. But I think it’s really important to be a partner and try to help in all the ways that you can in the federal government [to] implement and get funding for those plans.”

Fletcher frequently attacked Congressman John Culberson during the 2018 campaign for blocking METRO’s efforts to build a light rail line along Richmond Avenue. She stopped short of endorsing the project herself on Houston Matters, but indicated she’ll follow METRO’s lead.

The full interview with Rep. Fletcher is embedded in the story, so go give it a listen. Having her fight for funds for Metro doesn’t mean Metro will get them – we all know how challenging it is to get anything done these days. But having someone in Congress fighting for Metro instead of against it will surely help.