Texas Governor Greg Abbott (R) has told the Department of Family and Protective Services (DFPS) to investigate parents of transgender children who give them access to doctor-prescribed, gender-affirming medical care—which he calls “child abuse.” This abhorrent act ignores legitimate science on the matter and will in fact endanger children’s lives and well-being.
“I hereby direct your agency to conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas,” Abbott wrote to DFPS yesterday. He cited a report from Attorney General Ken Paxton that found gender affirming care, including gender-confirming surgeries and puberty-blocking hormones, to be child abuse.
Here’s the thing. Even transgender advocates, such as the World Professional Association for Transgender Health, have not advocated for gender confirming surgeries for minors. Opponents of trans lives are trying to make this seem like it happens often, when in reality, it does not. Additionally, every major medical association in the U.S.—including the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association, and the American Academy of Child and Adolescent Psychiatry, among others—supports gender-affirming care, including puberty blockers, for youth meeting specific diagnostic criteria—i.e., not on a whim. Trans youth in general have high rates of depression, anxiety, and suicide from the stress of discrimination and stigmatization; puberty blockers can reduce suicidality and improve psychological functioning and social life. Paxton’s report, however, ignores this evidence and instead cites iffy sources like the fringe group the “Society for Evidence-Based Gender Medicine” and the conservative think tank the Witherspoon Institute.
Texas law already forbids gender-confirming surgeries, testosterone or estrogen treatments, and puberty-blocking drugs for transgender minors. Last year, the legislature failed to pass a bill that would have declared parents to be child abusers if they allowed their trans children to take puberty-blockers or hormones.
Gov. Abbott’s letter yesterday is an attempt to get around this. It says that DFPS must investigate “the parents of a child who is subjected to these abusive gender-transitioning procedures.” Additionally, it says, “doctors, nurses, and teachers,” as well as members of the public, have a legal obligation to report when they see instances of any gender-affirming care, including surgeries, hormone treatment, and puberty blockers, and that there are criminal penalties for failure to do so.
The ACLU of Texas was blunt in its response, reassuring transgender youth and their families that:
Paxton’s opinion is not legally binding, and it remains up to the courts to interpret Texas laws and the Constitution. Moreover, DFPS cannot remove any child from their parents or guardians without a court order. No court here in Texas or anywhere in the country has ever found that gender-affirming care can be considered child abuse.
Adri Pérez, policy and advocacy strategist at the ACLU of Texas, said: “Gender-affirming care saved my life. Trans kids today deserve the same opportunity by receiving the highest standard of care, rooted in decades of scientific research. No partisan political attack can change that.”
And Brian Klosterboer (he/him), staff attorney at the ACLU of Texas, added:
This opinion and letter have no legal effect and cannot change Texas law nor usurp the constitutional rights of Texas families. But they spread fear and misinformation and could spur false reporting of child abuse at a time when DFPS is already facing a crisis in our state’s foster care system.
The law is clear that parents, guardians, and doctors can provide transgender youth with treatment in accordance with prevailing standards of care. Any parent or guardian who loves and supports their child and is taking them to a licensed healthcare provider is not engaging in child abuse.
The National Association of Social Workers/Texas Chapter also issued a statement in response to the governor, reminding licensed social workers “that this a non-binding legal opinion and they still have professional discretion on mandatory reporting. No rules on reporting were changed through this opinion, nor through the Governor’s letter.”
Even Christian D. Menefee, the attorney for Harris County, the largest county in Texas, has expressed that he doesn’t believe what Abbott and Paxton are doing is legal. He tweeted, “As the lawyer who represents DFPS in civil child abuse cases in Harris County, I can tell you my office won’t be participating in this political game. We’ll continue to follow the laws on the books—not @KenPaxtonTX’s politically motivated and legally wrong ‘opinion.’”
How can we help fight the attack on trans children? I’ll offer a few suggestions from Chase Strangio, deputy director for transgender justice at the ACLU. He suggests donating to trans-led organizations first, such as the Transgender Education Network of Texas, and finding others through the Trans Justice Funding Project.
He also notes that Texas is not the only place trying to make it a crime to affirm transgender children’s lives. There are pending bills in Alabama, Arizona, Idaho, Oklahoma, and Tennessee that would do the same. He tweeted, “Please please please raise awareness and shift the national conversation. Right now it is commonplace and legitimized to debate transness—as if our existence could be the subject of two sides. Stop it.” #ProtectTransKids #LetThemPlay – there are no two sides to this.”
Additionally, you can sign up to get involved, at the Texas legislature and beyond.
The ACLU’s Pérez also tweeted, “If you or anyone you know is impacted by this opinion or any false accusations, please reach out to us.” You can do so through this form.
PFLAG also has links to resources, PFLAG chapters, and partners where Texas families with trans and nonbinary loved ones can find support, respect, and dignity.
To all of the transgender children and youth, especially in Texas, who are absorbing this news today: You are loved. Your identities are valid. There are many, many people and organizations who are fighting for you.
