The Texas Behavioral Health Executive Council is the agency that regulates social workers in the state. A few months ago, they changed their policy and allowed social workers to refuse service to a person based on their disability, sexual orientation, or gender identity.This was met with an intense backlash from some social workers, lawmakers, and advocates, so the board reversed its decision only two weeks later. But other social workers, unhappy that they couldn't use their religion to discriminate, objected -- and the board asked Texas Attorney General Paxton for a legal ruling on the matter.
AG Paxton released his ruling on Monday. He came down on the side of those who wanted to discriminate. Paxton said the board could punish social workers who refused to work with clients based on age, race, or religion -- but not disability status, sexual orientation, or gender identity.. Paxton argued that discrimination based on sexual orientation could be legal based on the First Amendment's protection of religion. In other words, if a social worker claimed that working with LGBTQ clients violated their religious freedom, then they can not be punished for refusing to serve them.
Evidently, Paxton hasn't read the Fourteenth Amendment to that same Constitution, which guarantees equal protection under the law to ALL citizens. He seems to think the term "all citizens" doesn't include the LGBTQ community or the disabled. I think he's wrong.
If a Texas social worker refuses service to any member of the LGBTQ community or a disabled citizen, that person should file suit in federal court. All means all, regardless of what Paxton and other religious bigots think!
