Texas officials reversed their decision to implement a homophobic and discriminatory rule for social workers on Tuesday. Passed Oct. 12 with a unanimous vote by the Texas State Board of Social Worker Examiners, the rule came as an amendment to the board’s code of conduct section, which established when a social worker has the right to refuse service and allowed social workers the ability to deny clients service on the basis of disability, sexual orientation, or gender identity. The decision to undo the rule change came two weeks after its implementation following backlash from both advocates and lawmakers, who were angry that protections against the disabled and LGBTQ community had been removed.
The original decision to vote on the rule followed recommendations from the office of Texas Gov. Greg Abbott to remove protections in place for gender orientation, expression, and identity. Multiple advocacy groups quickly came together against the rule, deeming it “incredibly disheartening.” Not only did the rule rescind protections put in place by the state before, but it gave the impression that people with disabilities can be discriminated against despite federal regulations in place. Additionally, it had the potential to create a further barrier to keep the LGBTQ and disabled community from accessing already limited healthcare resources.
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Yet Abbott’s office refused to acknowledge the rule’s discriminatory nature, claiming that a change was needed on the basis that "the code [of conduct's] nondiscrimination protections went beyond protections laid out in the state law that governs how and when the state may discipline social workers."
But while Abbott’s office stood its ground in believing their rule was justified, members of the health council expressed regret that the original change was “perceived as hostile to the LGBTQ+ community or to disabled persons,” The Texas Tribune reported. “At every opportunity our intent is to prohibit discrimination against any person for any reason,” said Gloria Canseco, who was appointed to the board by Abbott. “We’re deeply thankful to those who listened, heard and supported our intent to rectify the issue that people brought forward, despite the media distortion that followed,” she added.
Other members reiterated the statement and said that they are opposed to all forms of discrimination. However, it is important to note that the board did not open comments or feedback for the rule change to social workers or the public until after the change was made.
Prior to the board’s vote to rescind the changes Tuesday, both advocates and Democratic state lawmakers had urged the board to reconsider its decision to implement the new discriminatory rule. “Sometimes when you’re put in a position of leadership, it can be a very lonely place, and at times you’re being put in a position where you’re being asked to do something that you have to push back” against, State Sen. José Menéndez, D-San Antonio, told the board according to The Texas Tribune. In addition to reversing the rule, the board sought an opinion from Texas Attorney General Ken Paxton’s office about the legality of its rule change.
Advocates were delighted to see that the rule was undone. “It would not have happened without the collective strength and unity of voices from social workers across the state and nation, countless advocacy groups, federal and state legislators, and all others voicing their grave concern against the changes,” The Texas chapter of the National Association of Social Workers said in a statement. The organization’s executive director, Will Francis, added: "This is a recognition of the key principle that a social worker’s personal beliefs must never impede a person’s right to self-determination or access to services."
At this time it is unclear whether Abbot or other conservative lawmakers will challenge the council’s decision. Texas has had a long history of creating discriminatory policies against the LGBTQ community. Advocates have fought against legislation that has not only discriminated against the LGBTQ community in mental health initiatives, but in housing, employment, and other state laws.