Texas ranks last in personal freedoms, libertarian think tank says. What about overall freedom?

Nate Chute, Austin American-Statesman

A conservative think tank has ranked Texas last in personal freedoms, according to its seventh edition of a report titled "Freedom in 50 States."

The study by the Cato Institute, a public policy research organization, looks into the impact of state and local government policies on a range of topics, including taxes, education, marriage between 2000 and 2022. Beyond personal freedom, the report also examines fiscal and regulatory affects on economic freedom, using the collective sum of all the variables to produce an overall freedom score.

Travel and marijuana topics rank Texas last amongst personal freedom categories; low in heavily weighed incarceration rate

The report ranked Wyoming (48) and Idaho (49) just ahead of Texas (50) when it comes to personal freedoms. At the top are Maine (3), Arizona (2) and Nevada (1).

Texas ranked last in two of the 12 categories, including "Cannabis and Saliva Freedom," a topic area tied to marijuana that weighs "only the lost consumer and producer surplus due to prohibition, not the costs of arrests and incarceration." California was best in this category, which made up 2.8% of the overall freedom number.

Texas also ranked lowest on "Travel freedom," which weighed for 1.1% of the overall data. The category weighed the use and retention of automated license plate reader data as well as the availability of driver's licenses to those without a social security number, which could include undocumented people. Policies like seat belt laws, sobriety checkpoints and insurance requirements were also considered, but weighed to a lesser degree.

"Incarceration and arrests" were weighed the heaviest amongst personal freedom categories at 6.7%. Texas ranked 43rd in the topic, with neighboring states Louisiana (48), Arkansas (49) and Mississippi (50) ranking at the bottom.

Rhode Island (3), Maine (2) and Massachusetts (1) were top in this section. It weighed variables like incarceration rates tied to violent and property crimes, drug enforcement, prison collect phone call rates, and state-qualified immunity reform.

Ranked from lowest to highest, Texas was also:

  • 44th in marriage freedom

  • 42nd in asset forfeiture

  • 39th in gambling freedom

  • 35th in educational freedom

  • 22nd in gun rights

  • 18th in "mala prohibita" (actions that are illegal because laws forbid them)

  • 17th in tobacco freedom

  • 10th in alcohol freedom

And finally, Texas was ranked No. 1 in campaign finance freedom, which considers regulations on political contributions. The category only made up 0.1% of the overall freedom score.

Texas in top 10 for economic freedom, No. 1 in labor market freedom

Texas was sixth for economic freedom, which Cato says encompasses policies such as taxation, land use and health insurance. Georgia (5), Tennessee (4), South Dakota (3), Florida (2), and New Hampshire (1) ranked ahead of Texas. At the bottom of the list were California (48), Hawaii (49) and New York (50).

Economic freedom was weighed far heavier than personal freedom by the report, with 13 regulatory and fiscal policy categories collectively accounting for 64.9% of overall freedoms compared to 33.8% of personal freedom.

Texas ranked No. 1 in two categories, including labor market freedom, which considered right-to-work laws. Cato notes tension over the consideration, even going so far as to provide an overall freedom number that does not include the category in its full report (more on that later).

"Although right-to-work laws violate the rights of some workers and employers, they restore freedom of association to a far greater number. In an ideal world, both the National Labor Relations Act and right-to-work laws would be repealed, and employees and employers would be free to negotiate as they saw fit, collectively or individually."

The category made up 4.9% of the overall freedom score. Texas was also top in cable and telecom freedom, but tied with 18 other states on the topic. It made up just 1% of the overall freedom score.

Variables tied to Texas taxes make up over 20% of overall freedom rank

State taxation was weighed at 12.5%, the highest of all the study's categories. Texas ranked fourth behind Wyoming (3), New Hampshire (2) and Alaska (1). At the bottom of the list — looking at state and local rates as a percentage of states' adjusted personal income — were Delaware (48), Vermont (49) and Hawaii (50).

But in local taxation, another topic weighed at 7.8%, Texas ranked 48th, just ahead of Nebraska (49) and New York (50). Delaware (3), Arkansas (2), and Vermont (1) were at the top of this list, which the number of jurisdictions by taking into account the number of counties and municipalities and the percentage of tax revenue they bring in.

Ranked from lowest to highest, Texas was also:

  • 50th in occupational freedom

  • 45th in health insurance freedom

  • 43rd in government debt

  • 34th in lawsuit freedom

  • 24th in government consumption

  • 14th in government employment

  • 11th in land-use reform

  • 7th in miscellaneous regulatory freedom

  • 5th in cash and security assets

How free is Texas? What about freedom to get an abortion?

Texas' overall freedom score, which weighs over 230 state and local policies according to Cato, ranks it 17th in the country. The top states included South Dakota (3), Florida (2) and New Hampshire (1); whereas the bottom included California (48), Hawaii (49) and New York (50).

Abortion access was not a consideration among these ratings, but the report's authors, economists William Ruger and Jason Sorens, considered such policy in the appendix of their report. Texas ranks second behind Texas in a category that weighs the most restrictions on abortions, but is tied for last with the bordering state when both moderate restrictions and fewer restrictions are considered.

How the alternative indexes are weighed in the overall freedom score is also very different, making up 38.6% of overall freedom for those who see strict limits compared to only 3% of those with the opposite view. In short, that translates to Texas being ranked first overall on one end and 28th on the other.

The authors weigh this data with the removal of right-to-work laws, too. Significant abortion restrictions and the removal of right-to-work laws puts Texas at second behind Missouri. No right-to-work laws and less restrictions on abortion access sees Texas drop to No. 30.

Cato Institute authors offer recommendations for improving freedom in Texas

While praising the state's fiscal policies, the report's authors offer criticism of low scores for personal freedom, going so far as to call the state's criminal justice policies "generally aggressive" by noting high incarceration rates.

"Texas talks a good game about freedom — and we both love our former state for it — but could stand to deliver a more freedom-oriented policy regime for Texans," Ruger and Sorens write.

Here's what policy changes the duo recommends for Texas to improve its freedom scores:

  • Personal freedom: Follow other conservative states and enact a general education savings account plan.

  • Fiscal policy: Show more fiscal discipline at the local level to relieve taxpayers of crushing taxes, even if the state provides some local relief measures.

  • Regulatory policy: Pass a law allowing direct-to-consumer auto sales so that Texans can more easily take advantage of the new Tesla auto plant in Austin.

This article originally appeared on Austin American-Statesman: Ranking states freedom: Texas has least personal freedom, study says.

Advertisement