State Board Cannot Punish Discrimination for Gender Identity or Sexual Orientation, Paxton Writes
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The board added gender identity, sexual orientation, and disability to the list of traits protected from discrimination by social workers.
Isaiah Mitchell


Texas Attorney General Ken Paxton said yesterday that the state board in charge of licensing social workers cannot punish them for gender identity or sexual orientation discrimination.

The Behavioral Health Executive Council (BHEC) licenses counselors, family therapists, psychologists, and social workers. A young agency, the legislature created the BHEC in 2019 and authorized it to punish license holders that refuse to serve recipients “solely because of the recipient’s age, sex, race, religion, national origin, color, or political affiliation.”

However, the BHEC slightly changed this rule when adopting it.

The council added disability, sexual orientation, and “gender identity and expression” to the list of traits protected from discrimination, though only for social workers. If social workers “refuse to perform any act or service” on the basis of these traits, the board can punish them.

In an opinion, Paxton claimed that the BHEC overstepped its authority when it made this change.-- excerpt, rest at link above --