Texas and Abbott pass law allowing discrimination against LGTBQ/disabled

Texas Attorney General Ken Paxton said in a nonbinding legal opinion Monday that a state board cannot forbid social workers from discriminating against LGBTQ people and people with disabilities.

The Texas Behavioral Health Executive Council, which regulates social workers, has been in a monthslong debate over its code of conduct. In October, it removed language from the section that establishes when a social worker may refuse to serve someone, allowing social workers to refuse service based on someone’s disability, sexual orientation or gender identity.

After facing intense backlash from social workers, lawmakers and advocates, the board reversed its decision just two weeks later, voting unanimously to restore the explicit protections. It also voted to request an opinion from Paxton’s office about the legality of its rule change.

Months later, Paxton’s opinion states that the board was authorized by the Legislature to punish social workers who refused work with clients based on aspects of identity like age, race and religion — but not their disability status, sexual orientation or gender identity. The board lacks the authority to add those three categories, he argues...