The Texas Behavioral Health Executive Council today (Tuesday, Oct. 27) has voted unanimously to restore protections for LGBTQ and disabled clients to Texas social workers’ code of conduct. The move came following widespread backlash when, two weeks ago, the council voted to remove those protections at the suggestion of Gov. Greg Abbott’s office.

According to a spokesperson from Abbott’s office, Abbott had suggested the council remove the protections for LGBTQ and disabled people because those protections are not included in state law. But Will Francis, executive director for the National Association of Social Workers, Texas Chapter, noted immediately after the vote that the change violated the national association’s code of conduct and ethics.

There were also questions about the legality of the original vote since the council voted on the issued without having put it on the agenda.

The board also voted today to ask Texas Attorney General Ken Paxton’s office about the legality of the rule change, even though board members have previously said they are sure Paxton will oppose explicit protections for LGBTQ people, based on his history of homophobia.

UPDATE: Equality Texas CEO Ricardo Martinez issued the following statement regarding the vote:

“Today, after ​overwhelming public pressure, the Texas Behavioral Health Executive Council voted unanimously to restore protections for LGBTQ and disabled clients in the Social Workers Code of

Ricardo Martinez

Conduct. We are grateful for the prompt response to community concerns. BHEC Chair Gloria Canseco expressed regret for the previous rule change, stating that she does not want the council’s actions on Oct. 12 to be ‘perceived as hostile to the LGBTQ+ community or to disabled persons.’ We can attest that the Oct. 12 vote and rule change did great harm to the mental health and wellbeing of many LGBTQ and disabled people across Texas. 
“A good faith analysis of this issue affirms what is clearly written into state statute: the BHEC has the power to set ethical standards for licensed social workers. The Texas Occupations Code states that the BHEC has the powers and duties to ‘establish standards of conduct and ethics for license holders.’
“Despite the clarity of the state statute, the BHEC also voted today to seek a non-binding legal opinion on this matter from Texas Attorney General Ken Paxton’s office. If the BHEC wants to protect vulnerable people from further harm, we suggest that the council reconsider seeking and legitimizing an opinion from an attorney general who has built his career in part on promoting discrimination against LGBTQ+ Texans.
“As Sen. José Menéndez so powerfully testified to the BHEC today, sometimes leadership can be a lonely place, and it can require courage. We hope the
council can take a courageous stand to do what is right by its clients, right by social workers, right by vulnerable Texans, and right by the powers clearly assigned to it in Texas statute. 
“Finally, the Legislature can and should remove all doubt on this matter by finally doing what the vast majority of Texans support: passing a comprehensive nondiscrimination law in 2021 to make it clear that no one should be discriminated against because of who they are or who they love.”

UPDATE: Statement from Rep. Jessica Gonzalez:

“I applaud the decision by the Texas Behavioral Health Executive Council today to restore protections for social workers based on sexual orientation, gender identity or expression and disability. I was proud to testify before the council this morning, urging them to reinstate these protections. The initial changes recommended by Gov. Abbott were discriminatory against the LGBTQ+ community and disabled persons in Texas. It aimed to create two classes of Texans — those trying to get an education, make a living and support their families, and those who want to use their power to make them second-class citizens. I will continue to stand up for all disabled and LGBTQ+ Texans until protections become part of state law. I look forward to passing a comprehensive non-discrimination bill during the 87th legislative session that will protect all Texans from discrimination in public accommodations, employment, and housing. We must send a message to all LGBTQ+ Texans — especially our youth — that Texas values and recognizes them for who they are, and they are welcome in Texas.”

UPDATE: Statement from Sen. Jose Menendez:

“This morning the Behavioral Health Executive Council made the decision to rescind their proposal and restore the protections for individuals with disabilities and the LGBTQIA communities. It is courageous to do the right thing when someone in power advises you otherwise. We appreciate that this morning, BHEC made the decision to stand on the right side of history. We stand with our social workers — there is no place for discrimination in Texas. I urge you to join me in continuing the pursuit towards equality, and contact the Attorney General’s office expressing your support of BHEC’s decision to restore these protections.”

— Tammye Nash