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Shannon McClendon

No, the bathroom bill issue hasn’t gone away

Lisa Falkenberg tries to argue that the bathroom bill issue has faded away this election, but I don’t buy it and I don’t think she does, either.

But there’s one hot-button issue that’s been notably absent: the bathroom bill.

And actually, it has been notably absent from just about every Republican primary contest this season, as the Texas Tribune reported this week.

That is interesting, seeing as how the divisive provision regulating transgender bathroom use distracted from serious legislation and even triggered a special session. I asked those closely involved in fighting the bill for a ballpark figure on the hours wasted in hearings, negotiations, stakeholder meetings and floor debate.

Hundreds, they said.

The fact that the burning issue is now a non-issue is a bit surprising, seeing as how Lt. Gov. Dan Patrick warned lawmakers who worked successfully to thwart it that they would face consequences, namely the wrath of their constituents.

“Let them go home and face the voters for the next 90 days,” Patrick was quoted saying on the last day of the special session in reference to bill opponents.

Certainly, plenty of political observers, myself included, expected that the bill that launched protests, hours of debate among lawmakers and stoked fear in the hearts of parents and transgender Texans would play a role on the stump, whether employed as a strict litmus test or a mere dog whistle.

Now, it seems all but forgotten. The question is why.

[…]

Mark Jones, political science professor at Rice University, says the issue just didn’t have the staying power among the Republican base as issues such as illegal immigration, abortion and taxes. He said most GOP primary voters have largely forgotten about the issue, which was never a priority for them anyway.

Jones says he suspects one reason that potty politics have quieted is that “even for most conservative activists the bathroom bill was something of a manufactured issue, where some members of the GOP elite converted a relatively non-issue into an issue among the base, but one that absent a constant stoking of the fire by the GOP elite has for all intents been extinguished.”

He added, “Until such time that Dan Patrick decides to pour some gasoline on the remaining embers.”

Hold that thought for a minute. The Trib had an article along the same lines a day or two before Falkenberg’s piece.

For starters, its biggest champion, Patrick, is no longer promoting it with remotely the same level of enthusiasm he did before and during the 2017 sessions. In October, he declared bathroom bill supporters had “already won” by sending a message to any school or business thinking about providing the kinds of accommodations that led to the push for the proposal in the first place.

Furthermore, the two Republicans most closely associated with the legislation’s death — Straus and state Rep. Byron Cook, R-Corsicana, the chairman of the House State Affairs Committee — are not seeking re-election, avoiding primary challenges that could have been shaped by their opposition to the proposal.

For some bathroom bill supporters, the Cook and Straus retirements are enough proof that the failure of the legislation had political consequences.

[…]

In a small number of cases, primary challengers have sought to appeal to more moderate Republican voters by providing a contrast with incumbents who supported the bathroom bill. In her debut ad, Shannon McClendon, who’s running against state Sen. Donna Campbell of New Braunfels, said the incumbent “wants the government to intrude into our bedroom, our bathrooms and our boardrooms — I want to focus on our classrooms.”

That’s about as far as it goes among Republicans who weren’t keen on the bathroom bill, though. Even the political arm of the TAB, among the legislation’s biggest opponents last year, has kept talk of the issue at a minimum as it has sought to play a more aggressive role in the primaries. It snubbed a number of bathroom bill supporters in its primary endorsements, but it also backed some who unapologetically voted for it, like Campbell.

Hey, you know who’s a big bathroom bill booster that’s being challenged over that issue in the Republican primary? Dan Patrick, that’s who. His what-used-to-be-considered-mainstream Republican opponent is Scott Milder, who has gotten support from editorial boards and not much of a hold on the news pages. One reason why the bathroom bill isn’t getting much attention is precisely because this race isn’t getting much attention. Other reasons include the departures of Joe Straus and Byron Cook, and the big focus on federal races – Congress plus Beto O’Rourke – where bathrooms take a back seat to all things Trump. At the state level, there’s more attention on the Democratic gubernatorial primary than anything else.

But look, none of this really matters. What matters is what Mark Jones said. Dan Patrick doesn’t forget, and he doesn’t give up. The fact that there weren’t high profile fights over potties in the primary will be taken by him as proof that he was right all along, that Republican voters were on his side. And when you consider that there are no Republicans of prominence on the ballot who are disputing that, and that as expected the Texas Association of Business has been as toothless as a a newborn, why should he think otherwise? Republican primary voters are gonna do what Republican primary voters do, which over the past half dozen or so cycles has meant “nominate more and more unhinged lunatics”. You want to restore a little sanity and put things like bathroom bills in the trash can where they belong, vote Democratic. That’s a message that maybe, just maybe, Dan Patrick will have to listen to.