EDITORIAL/Political Pandering: Texas Ag commissioner's dress code won't fly in court

There seems to be a race in Austin to see which elected official can be the most "anti-woke."

And now Texas Agriculture Commissioner Sid Miller has decided to throw his trademark cowboy hat into the ring.

The Texas Observer reported Monday that Miller has issued a new dress code ordering employees, interns and contract workers at the Agriculture Department to dress "in a manner consistent with their biological gender."

The order gives some examples of what Miller thinks is appropriate for men and women and states a worker who violates the dress code will be sent home to change. Further policy violations could lead to termination.

The problem is the dress code violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination against an employee on the basis of race, color, religion, national origin and sex, including pregnancy and related conditions, sexual orientation, and gender identity.

One could also make a case that the dress code violates the Constitutional right to free expression.

In other words, this will end up in court and will almost certainly be thrown out.

We suspect Miller knows this, but doesn't much care. He's shown the voters where he stands on the whole transgender issue and that's all that matters. And if the state has to spend tax dollars in court, so what? It's not coming out of Miller's pocket -- or his campaign funds.

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