Texas Tribune
Supreme Court case on trans youth could impact Texas
by By Eleanor Klibanoff, The Texas Tribune – 2024-06-24 13:00:48
SUMMARY: The U.S. Supreme Court will hear arguments over a Tennessee law banning gender-affirming care for minors, its first involvement in trans health care issues. Tennessee's law, challenged by the Biden administration and trans teens, prohibits hormone therapies and puberty blockers for minors. Texas has enacted a similar law, currently under review by the Texas Supreme Court following a lawsuit arguing it violates parental rights. Federal courts have issued mixed rulings on such laws across states. The Supreme Court's decision will set a national precedent impacting future trans health care access. The court's conservative majority is poised to address this contentious issue.
—————-
FULL ARTICLE:
Sign up for The Brief, The Texas Tribune's daily newsletter that keeps readers up to speed on the most essential Texas news.
The U.S. Supreme Court has agreed to hear arguments over a Tennessee law that bans gender-affirming care for minors, wading into the issue of trans health care for the first time.
Tennessee's law prohibits doctors from prescribing medical treatments, like hormone therapies and puberty blockers, to help a minor transition from the sex they were assigned at birth to the gender they identify as. The Biden administration, along with trans teens in Tennessee, challenged the law, alleging it violates the equal protection clause of the 14th amendment.
Texas passed a similar law last legislative session, prohibiting doctors from using puberty blockers and hormone therapy to help a minor gender transition. The law went into effect Sept. 1, despite an ongoing legal challenge before the Supreme Court of Texas.
Texas' high court is expected to rule this year, long before the Tennessee case gets resolved next summer. But by setting a national precedent and signaling how it intends to handle these cases, the U.S. Supreme Court's ruling will inevitably have ripple effects in Texas and foreshadow how future fights over trans health care access may play out.
Where the Texas case stands
In 2023, Texas legislators joined their colleagues in other red states in passing a slate of anti-LGBTQ+ bills. The highlight was Senate Bill 14, authored by New Braunfels Republican Sen. Donna Campbell and sponsored in the House by Rep. Tom Oliverson, a Cypress Republican.
The law effectively bans transition-related health care for anyone under 18 years old by threatening to revoke the licenses of doctors who prescribe puberty blockers, hormone therapy or other medical care specifically for the purpose of transitioning. Teens who are already receiving this care were required to be weaned off of it by their doctors.
In July 2023, before the law went into effect, several families sued to block the law from going into effect, saying it violates their parental rights. Several doctors also joined the lawsuit, saying the law interferes with their ability to practice medicine.
While other states saw their laws challenged in federal court, advocates in Texas chose the state court path in large part because of Texas' robust protections for parental rights.
“The Texas Constitution provides stronger rights for parents, stronger rights in the guarantees of equality … and much stronger rights with respect to the individual rights of autonomy,” Lambda Legal senior counsel Paul Castillo said when the lawsuit was filed. “Those decisions that rest with parents are at their apex when they are made in consultation with physicians who recommend this medically necessary care.”
In August 2023, state District Judge Maria Cantú Hexsel in Austin agreed that Texas had violated these parents' rights. She wrote in her ruling that SB 14 “interferes with Texas families' private decisions and strips Texas parents … of the right to seek, direct, and provide medical care for their children.”
The Texas Attorney General's office immediately appealed to the Texas Supreme Court, a legal move that allowed the law to go into effect Sept. 1.
The Texas Supreme Court, made up entirely of elected Republicans and considered one of the most conservative state supreme courts in the country, heard arguments in January.
Lawyers representing the families pointed to the fact that every major medical association in the United States endorses gender-affirming care as a treatment for gender dysphoria, the distress someone can feel when the sex they were assigned at birth doesn't align with the gender they identify as.
While the state has the right to regulate medicine, the law goes too far in infringing on a parent's constitutional right to direct a child's care, Kennon Wooten, a partner with Scott, Douglass & McConnico who argued on behalf of the families, said at the hearing.
The state, meanwhile, argued that this law is about protecting the well-being of Texas' kids, arguing the medical associations have been “ideologically captured.” Natalie Thompson, then an assistant solicitor general for the state, said the law doesn't violate parental rights because it is removing certain medical treatment options entirely, not governing how and when a parent can provide their child with access to it.
It was not immediately clear from the hearing whether the justices intended to rule that the law was constitutional, as the state wanted them to, or send the case back to a lower court for further scrutiny.
“It seems to be what the court is really asked to do is resolve what is ultimately a moral and philosophical question as opposed to a scientific question about the nature of men and women,” Justice Jimmy Blacklock, Gov. Greg Abbott's former general counsel, said at the hearing.
How other courts have ruled
While Texas' case is proceeding in state courts, federal judges have issued scattershot rulings on similar laws across conservative states.
In Tennessee, U.S. District Judge Eli Richardson, a Trump appointee, ruled that the state's new law violated the Equal Protection Clause of the U.S. Constitution's 14th Amendment by prohibiting treatments for trans teens that it would allow for other teenagers.
In an aspect of his ruling that is especially relevant in Texas, Richardson ruled that “parents have a fundamental right to direct the medical care of their children, which naturally includes the right of parents to request certain medical treatments on behalf of their children.”
The 6th U.S. Circuit Court of Appeals preliminarily sided with Tennessee and allowed that law to go into effect in July.
A federal judge in Kentucky originally blocked that state's ban from going into effect, but after the 6th Circuit ruling, reversed course and allowed it to proceed.
In September, the 6th Circuit ruled on both Tennessee and Kentucky's laws, saying restrictions on gender-affirming care do not discriminate on the basis of sex, and both states' bans can remain in place while lawsuits proceed.
In April, the U.S. Supreme Court allowed an Idaho law to go into effect banning gender-affirming care for minors. Since that ruling was in response to an emergency application, it did not include the justices' full thoughts on the merits of these cases, but the decision was sharply split along ideological lines, foreshadowing how future cases might unfold.
The U.S. Supreme Court has yet to take on the thorny legal questions bubbling up in lower courts about trans rights, sidestepping controversial cases about bathroom access, discrimination and youth athletics.
By taking on this case, the conservative-majority court is showing a readiness to wade into this legal morass, which could have massive implications for the laws already on the books — and future efforts to restrict health care access for trans people.
“The future of countless transgender youth in this and future generations rests on this Court adhering to the facts, the Constitution, and its own modern precedent,” Chase Strangio, deputy director for transgender justice at the ACLU's LGBTQ & HIV Project, said in a statement.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post Supreme Court case on trans youth could impact Texas appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
UT-Austin offers probation to students arrested in protests
by By Asad Jung, The Texas Tribune – 2024-07-05 17:44:44
SUMMARY: The University of Texas at Austin is disciplining students arrested during pro-Palestinian protests in April by offering “deferred suspension,” allowing students to avoid suspension by proving educational growth. Deferred suspension requires students to take an exam on university rules and avoid appealing the decision. Some students, like Ari Lenahan, see this as a relief compared to harsher penalties faced by peers at other universities. Over 130 protesters were arrested, but Travis County Attorney Delia Garza declined to pursue criminal trespassing charges. The university's heavy-handed response has sparked criticism from students, faculty, and free speech advocates.
—————-
FULL ARTICLE:
Sign up for The Brief, The Texas Tribune's daily newsletter that keeps readers up to speed on the most essential Texas news.
The University of Texas at Austin has begun disciplining students who were arrested in pro-Palestinian demonstrations in April, scolding them for their actions but offering them a path to avoid suspension.
In letters sent out to students this week, first reported by KUT, university officials said it would be appropriate to suspend them for their actions during the protests but would give them the option to take “deferred suspension” instead, a form of probation that would allow students to remain in class and keep the disciplinary action from appearing on their final transcripts.
“Recognizing our commitment to educational growth, we want to offer you an alternative path to avoid suspension by proving that you have learned from this experience,” reads one of the letters obtained by The Texas Tribune.
Students who choose deferred suspension must agree to take an exam testing their knowledge of the university's rules and agree not to appeal the decision. The status would be active until July 7, 2025.
Those who decline that option would be suspended, the letter says. Students may also appeal the disciplinary sanctions through a university hearing.
Ari Lenahan, a UT-Austin student set to graduate in December, said he was relieved the university offered him deferred suspension since students at other universities across the country are facing harsher punishments after participating in pro-Palestinian demonstrations. He said it may be the best choice for him since he aims to graduate this year.
“It's a lot clearer where I stand now, at least in the university's eyes,” he said.
Lenahan still has a hold on his account preventing him from registering for classes in the fall but said the letter he received Wednesday states any holds will be removed once his case is resolved.
Anne-Marie Jardine, a recent graduate, received a sanction letter concerning her involvement in an April 24 pro-Palestinian demonstration. Jardine was told she would be under deferred suspension for one year if she were to re-enroll at UT-Austin. Jardine said she hasn't received her official diploma from the university yet.
Many other students under investigation have not yet been informed about how the university plans to move forward with their cases. Sam Law, a PhD candidate who was arrested on April 29, said that he expects the university will contact him soon.
More than 130 protesters were arrested at pro-Palestinian demonstrations on UT-Austin's campus in late April. In resolute efforts to dispel the protesters, law enforcement at the time deployed pepper spray and flash-bang explosives and charged students with horses. State troopers were deployed by Gov. Greg Abbott to help quash the protests and had a hand in the arrests.
Those arrested were charged with criminal trespassing but Travis County Attorney Delia Garza declined to pursue those charges.
In the aftermath of the protest, many students, faculty and free speech advocates questioned UT-Austin's heavy-handed response to the protests and criticized state GOP leaders' support of the arrests. Just a few years ago, Abbott had championed state legislation that protected free speech on college campuses, leading free speech advocates to ask who gets to enjoy free speech protections in Texas.
UT-Austin leaders, meanwhile, have vowed to carry out discipline against students who violated campus policies. Seniors in the class of 2024 were afraid their diplomas would be withheld, though they were permitted to join graduation ceremonies in the spring.
Sneha Dey contributed to this story.
Disclosure: University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post UT-Austin offers probation to students arrested in protests appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Hurricane Beryl likely to hit Texas coast Monday
by By Emily Foxhall, Berenice Garcia and Stephen Simpson, The Texas Tribune – 2024-07-05 16:47:07
SUMMARY: Texans are being urged to prepare for Hurricane Beryl, expected to make landfall as a Category 1 or 2 storm along the Texas coast on Monday. Currently crossing Mexico's Yucatan Peninsula, Beryl could hit anywhere from northern Mexico to the mid-Texas coast. Officials stress vigilance and preparation, especially for those along the Gulf coast, and advise stocking up on essentials like food and water. Emergency measures include distributing sandbags and readying evacuation plans. Beryl, an unusually strong early-season storm, has already caused significant Caribbean damage, with forecasters predicting a highly active hurricane season exacerbated by climate change.
—————-
FULL ARTICLE:
Sign up for The Brief, The Texas Tribune's daily newsletter that keeps readers up to speed on the most essential Texas news.
Texans need to prepare for Hurricane Beryl, which is likely to make landfall on the state's coast as a Category 1 or 2 storm on Monday, state emergency officials said.
The record-setting storm was moving across Mexico's Yucatan Peninsula on Friday, leaving forecasters still unsure exactly where along the Texas coast will see the worst rainfall and wind.
As Beryl left behind a trail of destruction across Caribbean islands, state officials urged Texans along the entire Gulf coast to pay close attention and prepare for a dangerous storm, particularly people vacationing during the July 4 holiday weekend.
“Everyone along the coast should be paying attention to this storm,” Lt. Gov. Dan Patrick said at a news conference in Austin. Patrick is serving as acting governor as Gov. Greg Abbott travels in Asia on an economic development trip.
Residents should be gassing up their vehicles and making sure they have food and water for themselves and their pets, Texas Division of Emergency Management Chief Nim Kidd said.
“A lot of people are out having fun right now, and that's a good thing, and we want them to continue to do that, but we also want them to prepare,” Kidd said. “We need a prepared community, not a panicked community.”
Boarded windows at the H-E-B Plus! grocery store in Brownsville on July 5, 2024.
Credit:
Michael Gonzalez for The Texas Tribune
Officials in the Rio Grande Valley and Corpus Christi have been distributing thousands of sandbags to help people prepare for potential flooding. South Texans have been eager for rain because the two major reservoirs on the Rio Grande have reached near or record lows in June.
Forecasters on Friday expected Beryl to make landfall anywhere from northern Mexico to the mid-Texas coast. The storm appeared likely aimed for South Texas but experts warned its path could shift north to Corpus Christi or Matagorda Bay.
Tropical storm-level winds would likely arrive Sunday night, according to the National Hurricane Center. Areas from Brownsville to Corpus Christi faced the greatest wind threat under the current forecast.
Heavy rain could begin Sunday and last through Tuesday. The National Hurricane Center predicted four to eight inches to fall along the South Texas coastline, with higher amounts in some spots, and up to six inches from Corpus Christi to Matagorda Bay. Forecasters expected the storm to slow over land, which would increase the risk of flooding.
Rip currents and high seas starting late Friday will make coastal conditions dangerous.
In the Rio Grande Valley, officials were preparing for possible flooding.
The eastern part of Hidalgo County tends to be hit the hardest during heavy rains, but the county was taking steps to mitigate flooding there, said Ricardo Saldaña, Hidalgo County's emergency management coordinator. Officials have placed water pumps near flood-prone areas and worked with contractors to prevent flooding at drainage project sites by covering up excavation holes.
Saldaña warned residents to make their own preparations by stocking up on food and water, preparing an emergency kit, and making arrangements with friends and family to relocate if necessary.
Sandbags at a county facility in Brownsville on July 5, 2024.
Credit:
Michael Gonzalez for The Texas Tribune
Cameron County Judge Eddie Treviño, Jr. recommended that people in recreational vehicles leave county parks.
“If you don't feel safe, evacuate,” said Tom Hushen, Cameron County's emergency management coordinator.
If there is flooding, Hushen said they were prepared to mobilize fire trucks and ambulances to help people evacuate. But high winds could pose another threat. Winds of more than 90 miles per hour could cause those vehicles to topple over. In that scenario, county officials would have to deploy larger vehicles like dump trucks.
Hushen said any power outages would prompt the opening of emergency shelters. He also advised residents to tie down any loose items in their yards and to bring in all patio furniture because high winds could turn those objects into projectiles.
“Listen to the warnings,” Hushen advised residents. “Things could change at a moment's notice.”
Beryl has astounded meteorologists with its strength so early in the summer. Warmer-than-normal ocean temperatures helped Beryl rapidly strengthen into a Category 4 storm in late June — becoming the first recorded Category 4 storm to form in June, according to the National Oceanic and Atmospheric Administration.
Beryl strengthened into a Category 5 and tore across the Caribbean, causing devastation in Grenada and Jamaica. It pushed onto the Yucatan Peninsula early Friday as a Category 2 storm.
“Beryl is so out of place historically given how early in the season it is and how strong it got,” said Houston-based meteorologist Matt Lanza, who helps write a blog on tropical weather called The Eyewall. “Typically you don't see that sort of thing until August — not the end of June, beginning of July.”
Federal forecasters expect this hurricane season, which began June 1, to be a bad one. They predicted to see 17 to 25 named storms form, which was more than they had ever forecast before a season's start. They believed four to seven of those would be Category 3 storms or stronger.
Climate change driven by people burning fossil fuels is causing oceans to warm and makes hurricanes more likely to be stronger. Scientists also say climate change may make rapid intensification of storms more likely — as happened with Beryl.
“To look at a satellite on June the 30th or July the 1st and to see a storm of Beryl's magnitude is almost unbelievable,” said Michael Lowry, a hurricane expert for WPLG TV in Miami.
Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post Hurricane Beryl likely to hit Texas coast Monday appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Texas cities lost 88 billion gallons of water in 2023
by By Juan Salinas II, The Texas Tribune – 2024-07-05 05:00:00
SUMMARY: Texas' major cities reported losing approximately 88 billion gallons of water in 2023 due to aging infrastructure and extreme heat, leading to substantial financial losses and strained water supplies. The largest losses were in Houston (31.8 billion gallons), San Antonio, and Dallas, attributed mainly to leaks and main breaks. Efforts to address this include Houston Public Works' pursuit of funding, Fort Worth's advanced metering and water management, and San Antonio Water System's new conservation plan. The state now has a $1 billion Water Fund for infrastructure, though experts like Jennifer Walker argue that significantly more investment is needed.
—————-
FULL ARTICLE:
Sign up for The Brief, The Texas Tribune's daily newsletter that keeps readers up to speed on the most essential Texas news.
Texas' most populous cities lost roughly 88 billion gallons of water last year because of aging water infrastructure and extreme heat, costing them millions of dollars and straining the state's water supply, according to self-reported water loss audits.
The documents show that bigger municipalities are not immune to water issues often seen in smaller, less-resourced communities around the state. All but one big city saw increased water loss from last year's audits.
While cities are losing water because of inaccurate meters or other data issues, the main factors are leaks and main breaks.
Here's how much each of Texas' biggest cities lost last year, according to their self-reported audits:
- Houston: 31.8 billion
- San Antonio: 19.5 billion
- Dallas: 17.6 billion
- Austin: 7.1 billion
- Fort Worth: 5.9 billion
- El Paso: 4.8 billion
Houston, San Antonio, Dallas, Austin, Fort Worth and El Paso must submit water loss audits to the Texas Water Development Board yearly. Other water agencies must do audits only every five years, unless the city has over 3,300 connections or receives money from the board.
“What we have right now is not sustainable [or] tenable,” said Jennifer Walker, National Wildlife Federation's Texas Coast and Water Program director.
The cities of Houston and Dallas saw the biggest increase in lost water reported. Houston saw a 30% jump from last year's audit, while Dallas saw an increase of 18%.
Houston is the largest populous city in the state, home to roughly 2.3 million Texans; it lost around 31 billion gallons of water last year.
Houston Public Works blames the region's long drought from June 2022 to December last year for the increase. Droughts cause clay in soil to dry up and shrink, stressing older water lines and making them more likely to break and leak. Officials said this, combined with aging infrastructure, led to a significant increase in water leaks across the city.
“HPW will continue to pursue all funding options available to help replace aging infrastructure,” the Houston spokesperson said.
Aging infrastructure isn't only a Houston problem. Dallas officials said they only expected a roughly 4% increase in water loss in 2023. They saw a double-digit increase instead.
A Dallas Water Utilities spokesperson said the city is investigating the cause of the increase and “reviewing records to ensure all allowable unbilled/unmetered authorized uses were properly accounted for in the 2023 calculation.”
On the other side of North Texas, Fort Worth saw an increase from 5.6 billion gallons lost in 2022 to 5.9 billion gallons in 2023, losing Cowtown more than $8 million.
Walker, from the National Wildlife Federation, said numbers are also rising because cities are getting more accurate in reporting water loss.
Fort Worth has a “MyH2O program” that replaced all manual read meters with remote read meters and implemented a Real Water Loss Management Plan in 2020 to focus the city efforts related to leak surveys, leak detection and the creation of district metering areas.
“It is actually a testament to how we are using available data to make better decisions and improve reporting with a higher level of confidence,” said Fort Worth Water Conservation Manager Micah Reed.
Last year, voters passed a proposition that created a new fund specifically for water infrastructure projects that are overseen by the Texas Water Development Board.
The agency now has $1 billion to invest in projects that address various issues, from water loss and quality to acquiring new water sources and addressing Texas' deteriorating pipes. It's the largest investment in water infrastructure by state lawmakers since 2013.
Walker calls the $1 billion a “drop in the bucket.”
Texas 2036, an Austin-based think tank, expects the state needs to spend more than $150 billion over the next 50 years on water infrastructure.
While some of the Texas Water Fund must be focused on projects in rural areas with populations of less than 150,000, Walker said the bigger cities could also receive some funding.
In San Antonio, the San Antonio Water System isn't “waiting for [the state] to come and tackle the problem for us.”
The city lost around 19 billion gallons of water in 2023 and has seen an increase over the last five years.
“We're in a state that doesn't even fund public education,” said Robert Puente, president and CEO of the San Antonio Water System. “So good luck to us getting some money from the state on these issues.”
Earlier this week, the SAWS board of trustees unanimously approved a new five-year water conservation plan.
The city of Austin lost around 7 billion gallons of water in 2023.
Austin has hired a consultant to review it's water loss practices and metrics, according to city officials. The capital city is also in the process of replacing water mains around Austin.
Walker said while Texas lawmakers should invest more money in water infrastructure, city officials also need to hire more staff and better planning to address water loss.
The one city that lost less water in 2023 was El Paso, which reported losing 475 million fewer gallons last year. Since El Paso is in the desert, water conservation and having a “watertight” infrastructure is the city's main focus, said Aide Fuentes, El Paso Wastewater Treatment Manager.
“That makes us a little bit different from the rest of Texas in that sense,” Fuentes said.
El Paso Water officials aim to reduce water loss by 10%.
Walker said the data shows that cities should make the case to state lawmakers to continue addressing water infrastructure in the next legislative session. She added this issue isn't going away.
“We really need [to] try to live with what we have and not lose the water that we already have in place and make sure that it's reaching its intended destination,” Walker said.
Disclosure: San Antonio Water System and Texas 2036 have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post Texas cities lost 88 billion gallons of water in 2023 appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
-
Texas News4 days ago
I-10 westbound from Beaumont to Houston reopens day after large crack prompted closure at Washington Boulevard
-
Podcasts5 days ago
CHAD MAULDIN on Being A Talent Cultivator
-
Texas News6 days ago
Body found below North State Highway 3 bridge, family used Find My Friends app to find him, League City PD says
-
The Center Square5 days ago
U.S. Supreme Court declines to rule whether social media feeds are free speech | National
-
Texas News6 days ago
Train collides with car carrying grandfather, 2 grandchildren on County 236 in Brazoria County, police say
-
Videos7 days ago
Tomball’s Asher Hong representing USA Men’s Gymnastics Team in 2024 Olympic Games
-
Podcasts5 days ago
Talkin’ Texas | Texans at the Olympics, Fresh Water Sharks, and Bats!
-
Local News4 days ago
Man recalls moment he was hit by Galveston PD officer in pool party brawl video