One of the items on the agenda for the special session of the Texas Legislature is a “bathroom bill.” Hotly debated during the regular session, the bill would mandate that individuals use the public bathroom that corresponds with the gender on their birth certificate. The legislation is a response to local ordinances, such as the Houston Equal Rights Ordinance (HERO), that would prohibit discrimination in the use of public bathrooms.
Critics of the bill argue that the legislature has more important issues to address. While that is true, the legislature does have a moral responsibility to address ordinances such as HERO. The Texas legislature should make such ordinances illegal.
HERO violated property rights by forcing business owners to allow individuals to use the bathroom of their choosing. The property owner had no voice in the matter and would be subject to fines for violating the ordinance.
The only proper purpose of government is the protection of individual rights (including property rights), and this is true of every level of government. If a state passes legislation that violates individual rights, it is the responsibility of the federal government to strike down that legislation. Similarly, if a municipality passes legislation that violates individual rights, the state government has a responsibility to strike it down.
Texas legislatures should protect property rights by passing legislation that prohibits municipalities from ordinances such as HERO. The legislature should prohibit municipalities from dictating how property owners use their property.
Of course, this has much broader implications. Such a prohibition would essentially repeal zoning, smoking prohibitions, anti-billboard regulations, and other ordinances that dictate property use.
The debate over bathroom bill could be ended by removing the issue from political debate. Allow such decisions to be made by those who have a moral right to do so—property owners.