TRLA Tips: Pride Month Edition
“TRLA Tips” is a series powered by TRLA and its legal team to educate on the topics affecting the communities we serve. This is not a substitute for legal advice and should only serve as a guideline.
It was the summer of June 1969 when the Stonewall Inn, a gay club in the Greenwich Village in New York, was raided by police officers; where they arrested several employees and patrons, especially those who were wearing clothing that did not match their gender assigned at birth.
Leading up to this, in the early 60s, LGBTQ+ rights were limited – many states enacted gender-appropriate clothing laws, and the community faced constant acts of violence and attacks by police.
During the raid on Stonewall, people, including bystanders, queer, trans youth, and drag performers, began fighting back against the police and refusing to be taken into custody. All this led to the Stonewall Riots, a direct response to police brutality.
Today, June (Pride Month), is a remembrance of the resistance that occurred that day by those on the frontlines of the riots, including notable trans and gender nonconforming advocates like Stormé DeLarverie, Sylvia Rivera, and many others.
While many see Pride Month as a time when corporate “rainbow washing” is all too common, Pride Month is a remembrance of a community’s resistance against state-sanctioned violence and oppression.
The State of LGBTQ+ Rights in Texas
Census data reports there are 1.8 million Texans who identify as lesbian, gay, bisexual, or transgender, making Texas the second-highest state with an LGBTQ+ population.
The legal landscape is constantly evolving for all of us. In recent years, it has changed rapidly for the LGBTQ+ community, with over 500 LGBTQ+-related proposed bills alone in 2024, according to the ACLU, with the potential to impact their rights.
Today, now more than ever, we acknowledge the barriers the community faces and the need to increase access to education for LGBTQ+ identifying people and their allies about their rights.
A Special Edition of TRLA Tips, Pride Month
For this issue of TRLA Tips, we’re partnered with Gabriel Sanchez (GS) (they/she/he), the special project director for the LGBTQ+ Civil Rights Project at TRLA. Their work focuses on educating LGBTQ+ Texans about their rights while collaborating cross-functionally across our different practice areas to deliver effective and inclusive legal services to LGBTQ+ people. Gabriel’s passion for the community has propelled them to provide educational training to community partners and other service providers on working with the LGBTQ+ community.
This piece was fact-checked by Staff Attorney Eden Klein (EK) (she/her), whose practice at TRLA has focused on working with Domestic Violence, Foster Youth, the LGBTQ+ Civil Rights Project, and Expunction teams, and Iliana Moreno (she/her), a student intern at TRLA from UC Berkeley.
For this Pride edition of TRLA Tips, Gabriel shares some of the most common questions they often receive from LGBTQ+ people and clients about their rights in Texas.
I’d like to change my name and/or gender marker – are there any requirements (including surgery requirements) or proof needed to make this change? What if I’m a minor?
GS/EK: Changing your name or gender marker can be relatively easy for some in Texas, and we recommend filing petitions to change gender markers in Travis County. In our experience, Travis County judges do not require proof of surgery or medical transition for changing your name or correcting your gender marker. Travis County accepts correction petitions from people born in Texas or are Texas residents. For minors (under 18), the legal guardian must file for the minor seeking to change their gender marker or name change. If you’re changing your name, in most instances, this is feasible; you’ll be asked to submit basic information and a background check; if you have a criminal record, you may be required to submit other details. Unfortunately, Texas does not recognize nonbinary gender identities or any gender outside of “male” or “female” – in these instances, you may change your gender marker to reflect on your passport along with your name to a chosen name that reflects your identity.
What do I do if someone has stopped me from using a facility (including a bathroom or locker room) that they believe does not align with my gender identity?
GS/EK: There are no Texas laws banning trans people’s use of their desired bathroom in schools or government buildings. While there aren’t bans at the state level, businesses can still have discriminatory policies. If this happens to you in the workplace, there are few protections for people choosing their preferred bathroom. However, it is still illegal for employers to discriminate based on characteristics such as sexual orientation and gender identity. If you feel discriminated against at work based on the characteristics outlined by the EEOC (Equal Employment Opportunity Commission), you can file a charge with the nearest field office. In any case, people do not have the right to harass or be violent toward you while trying to stop you from using the restroom; prioritize your safety and assess the situation with a response you think is best.
What are gender-affirming medical providers, and are all required to be inclusive? Do I have the same rights as any other patient?
GS/EK: Unfortunately, queer and especially trans people often must put a lot of thought into everyday actions that cisgender heterosexual people usually don’t think about – this includes finding a medical provider. Medical providers are not required to be inclusive, but it’s your right to look for a medical provider who affirms your identity and does not make you feel ashamed to disclose aspects of your life. Gender-affirming medical providers can help you feel more comfortable in your body and can provide care that matches your gender identity. While providers are not required to be inclusive, they cannot discriminate or deny you care for a medical emergency. The Human Rights Campaign has a medical tracker that allows you to narrow down and find gender-affirming providers in your state.
I’m an LGBTQI+ foster youth. Can I request a gender-affirming placement?
GS/EK: Unfortunately, it’s not likely. Since Child Protective Services (CPS) does not track the sexual orientation or gender identity of youth in the foster care system, they will likely not place like-identifying individuals based on that factor. While these placements are not likely now, federal actions have created requirements (Titles IV-E and IV-B for LGBTQI+ Children) that all state and tribal organizations must meet by October 1, 2026. In the future, these guidelines will ensure that state agencies must ensure that a Designated Placement is available for all children who identify as LGBTQIA+. Regardless, foster care placements do not have the right to abuse or force you to do anything because of your sexual orientation or gender identity, and you can report a foster care placement for doing so.
Is gender expression protected in Texas across schools or workplaces?
GS/EK: Yes. In schools, Title IX protects against many types of sex-based discrimination, including gender-based violence and harassment. Including gender identity, federally funded schools are required to protect students against harassment based on gender-based violence and harassment. In the workplace, it is illegal for employers to discriminate based on sex, gender, sexual orientation, and gender identity, along with many other traits. However, schools and workplaces often enforce gendered dress codes that prohibit or punish nonconforming gender expressions. If you feel unsafe or unwelcome at school because of something like this, please seek legal help. Gendered dress codes and bullying/harassment based on gender expression can be challenged and have been successful in the past.
I’m not “out” about my gender identity or orientation at school or in the workplace. Do I have privacy rights not to disclose this? What if someone has “outed” me?
GS/EK: You’re not required to “come out” or disclose your gender identity at school or work. Under Title IX, you’re protected at school. If you’ve been “outed,” you may report the incident to a school employee, guidance counselor, teacher, principal, or your school’s Title IX coordinator, who is required to investigate and protect students facing incidences of gender and sexual identity/orientation-based- harassment/violence. As a student, you have privacy rights under the Family Educational Rights and Privacy Act (FERPA), which prohibits schools from disclosing such information. However, if your school or an employee covered under FERPA discloses such information, you may pursue legal action since it might’ve violated confidentiality. For work-related instances, an employer cannot discriminate against you, and if someone “outs” you at work and it leads to you feeling unsafe or harassed, make sure to document and report it.
What do I do if I’m experiencing bullying and/or harassment because I am LGBTQI+?
GS/EK: You should immediately report the bullying and/or harassment to a school employee you feel comfortable with. The best possible solution for reporting sex or gender-based harassment or violence would be directly to your school’s Title IX coordinator. You’re not alone and should not suffer in silence– talk to someone you trust who can help you seek help. Remember, this is not your fault, and you have rights.
Allyship Is an Intentional Act to Challenge How We See and Accept Others.
Many people will often say or describe themselves as allies for a particular group of people, but as Gabriel defines it, – “ally is not an identity, but a verb. It’s something you consciously choose to do consistently.” “It’s not a prize or a badge of honor; it’s about standing up for the most marginalized people, even when they are not around,” they stressed.
This means sometimes challenging and standing up against yourself when you have uncomfortable thoughts or have made assumptions about a particular group of people. Allyship isn’t about self-centeredness or defensiveness; it’s an opportunity to change, grow, and listen to others whose experiences differ from yours.
They continue explaining the importance of evaluating the root of one's viewpoints—are they gut reactions or prejudices? Have you taken the time to challenge your viewpoints and listen to others? True allyship is an intentional act of dismantling stereotypical norms and realizing when you’ve engaged or are engaging in everyday bigotry.
“We need allies that don’t just like us when we look like them or their version of normal,” emphasizes Gabriel. “But people who are willing to evolve their viewpoints and support us [LGBTQ+ community] when our rights are being challenged.”
While allyship includes being on the frontlines with the LGBTQ+ community – it can also mean acknowledging and using a person’s preferred pronouns.
Learning a new set of pronouns can be challenging, and humans, by nature, aren’t perfect. If you make a mistake, apologize and move on. In this instance, when we’ve made a mistake, it’s best not to make it about yourself or compare the difficulty of learning new pronouns to the challenges LGBTQ+ folks often face.
“Most trans and nonbinary people are used to being frequently misgendered or not having their pronouns respected,” explains Gabriel.
While it seems like pronoun usage and gender-neutral pronouns have evolved rapidly and may challenge the way we are used to using language – it continues to be one of the easiest ways to show that you respect and affirm someone’s identity.
If you’re uncertain about someone’s pronouns, never assume; if you can, ask the person how they prefer being addressed.
Everyone deserves the right to exist in the most authentic way, and as allies, we have the power to give LGBTQ+ people the space to share how they view and experience the world.
TRLA LGBTQ+ Civil Rights Project’s Impact: Ollie & Luna’s Stories
During last year’s Pride Month, we had the honor of sharing Ollie’s story about hope, resilience, and his will to live authentically. When Ollie was fifteen, his school refused to use his chosen name at an award ceremony.
His ask was simple—Ollie just wanted to be seen and recognized as he was.
With the help of TRLA’s LGBTQ+ Civil Rights Project and his mother, Lilia, Ollie was able to get an ID and gender marker that matched his identity. Later that same year, Ollie would be recognized as Grand Marshal for the 2023 RGV Pride Celebration, where he’d receive an award for his advocacy and visibility honoring all LGBTQ+ youth across the RGV.
We’re honored to be still part of Ollie’s life today. To think Ollie’s name was once refused at an award ceremony; now eighteen, Ollie was recognized by his name as he walked down the stage with a rainbow flag in tow at his high school graduation this past May.
Earlier this year, Brownsville, Texas, celebrated its 87th annual Charro Days fiesta to commemorate the Mexican heritage of the border and the RGV. For the first time since its inception in 1937, Charro Days had an LGBTQ+ float, honoring the LGBTQ+ community in Brownsville.
Ollie (second on the left), Lillia, Ollie’s mom (fifth person on the right) & Luna (sixth or last person on the right) at the 2024 Charro Days Celebration in Brownsville, Texas.
Year after year, this celebration continues to unite the community and increase the visibility of the city’s diversity.
This year’s Charro Days brought together Ollie and Luna, a trans woman from Brownsville and one of TRLA’s earliest name and gender-marker change clients.
In 2020, the TRLA LGBTQ+ Civil Rights Project helped affirm Luna’s name and identity so she could live the life she wanted. Today, Luna continues to be a public-facing advocate for queer and trans people across South Texas. Her work with Planned Parenthood of South Texas has allowed her to speak more broadly to state officials and major community stakeholders about the intersection of reproductive health, LGBTQ+ health, and justice.
“The work we do matters,” says Gabriel. “…We’re changing people’s lives in a way that people are still conscious of a year or even years later.”
While TRLA supports people like Ollie or Luna for a moment in time, we recognize that their journey continues and lives beyond our time together. We’re merely a tiny part of the larger narrative and life they create for themselves.
We’re honored to support and continue paving the path for others like them.
The Fight Continues
As we celebrate LGBTQ+ voices, stories, and rights during Pride Month and year-round, we recognize that this community’s journey has been long. Their fight for justice continues, their fight toward more safety and visibility continues, and as allies, we have the ability to fight alongside them.
One cannot deny that the LGBTQ+ community has come a long way in recent times in the United States and other parts of the world. At a time when legal rights were wishful thoughts for many within the community, today, they have become part of our everyday lives. However, it’s important to acknowledge that the rights of LGBTQ+ people are still fundamentally limited, and many do not feel safe to exist entirely as themselves as new challenges to these rights continue to emerge.
All progress made for the community was not just benevolently granted by kind outsiders but rather a reflection of the community’s willingness to fight for advancement and equality.
Whether you’re part of the community or an active ally, we encourage you to visit some of the various national and state-level resources available for the LGBTQ+ community to learn more or find support, some include PFLAG, Family Acceptance Project, Strong Family Alliance, The Trevor Project, Human Rights Campaign, Transgender Education Network of Texas (TENT), GLAAD, your local LGBTQ+ center, and many others.
If you or a loved one is grappling with one or several of the legal issues discussed in this article, like gender marker or name changes, school or workplace harassment/bullying, or you believe your rights have been violated because of your sexual orientation or gender, contact TRLA at 956-393-6204 and/or visit our LGBTQ+ Civil Rights Project page for more information about our services.