[Letter from Suzy Wagers to the Texas Human Rights Foundation Trustees, October 20, 1992] Page: 2 of 4
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Already, our legal fees and court costs have exceeded $60,000. Although this statute has
never been enforced in Texas, it is often used to justify discrimination in a number of other
ways:
Most recently, the Dallas Police Department has used 21.06 to discriminate in its
hiring practices; and has refused to give a lesbian, Mica England, the job she was
promised by the police department recruiters. Mr. Wiseman and his law partner,
Ed Tuddenham, are representing Ms. England and have incorporated much of the
evidence and pleadings used in THRF's challenge to 21.06 in Ms. England's case.
In its 1991 Regular Legislative Session, the Texas Legislature passed Senate Bill
404, requiring the Texas Department of Health to develop model AIDS and sexual
conduct education programs for minors. These programs must now state that
"homosexual conduct is not an acceptable lifestyle and is a criminal offense [under
21.06]. The Legislature "believe[s] so strongly that 21.06 fits hand-in-glove
with proper AIDS education efforts" that the bill was allowed to pass. The
Legislature's action prevents the gay community, which has always been at the
forefront of advocacy for proper care and treatment of persons with AIDS and
which is still the most affected by this disease, from having a place in the AIDS
education process in Texas.
In addition to 21.06, THRF has worked to combat this type of blatant homophobia in
other ways. In January 1990, THRF was active in obtaining a Texas Attorney General's
opinion which allowed the release of state funds to AIDS service providers by the State
Department of Health, even if the service Provider was a gav-identified organization
Unfortunately, THRF's success in t,_.
and lesbians and people affected by HIV and AIDS--within the private sector. Becaus
the rampant homophobia still connected with HIV and AIDS, the need for anonymity
remains. In August, 1991, the ALRP intervened in a survey conducted by the U.S. Pu,
Health Services, which sought to determine levels of services for persons with AIDS.
including services from private versus public health care facilities. ALRP maintained that
the Texas participants, all of whom were indigent, were at risk of having their HIV status
revealed due to the volume and type of information requested of the particpants.
Following ALRP's investigation, comments. and suggestions, the policy was nationally
us ian is a nigniy specialized P1eia. Because it is so new, it is rapidly changing and
growing. Much of the services ALRP provides comes through direct telephone contact
In these calls, THRF counsels clients on their rights in any number of subjects, such as
employment discrimination, housing, public benefits, insurance, family law, estate planning
and probate, bankruptcy and immigration. To facilitate this effort, we have had a state-
wide 800 number in place for the last four years. ALRP also conducts "AIDS and the
Law" seminars throughout the state to educate attorneys, clients, and service providers
about the special legal problems faced by HIV-positive persons and people wA ith AIDS
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Wagers, Suzy. [Letter from Suzy Wagers to the Texas Human Rights Foundation Trustees, October 20, 1992], letter, October 20, 1992; (https://texashistory.unt.edu/ark:/67531/metapth1108456/m1/2/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.