Texas governor Greg Abbott is attempting to criminalize gender-affirming medical care.
In his latest attack against the LGBTQ+ community and amid a wave of anti-trans legislation sweeping the country, Abbott called on state agencies this week to classify medical treatments and procedures that would align children with their gender identity as “child abuse.”
His directive follows an opinion released by the state’s attorney general, Ken Paxton, in which Paxton said that parents who allow gender-affirmation surgeries and procedures should be investigated as child abusers. Paxton’s opinion is not legally binding, however, as it’s still up to the state’s courts to interpret Texas laws and the Constitution.
“Gender-affirming care saved my life,” Adri Pérez, ACLU of Texas policy and advocacy strategist, said in a statement. “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. Our state’s leaders need to focus on helping our youth and all people in our state instead of falsely attacking parents and doctors who are lovingly advocating for their children with the medically necessary care.”
Ahead, we explain Abbott’s directive against trans youth in Texas and provide a list of resources to help fight back.
What is Abbott trying to do?
On Tuesday, Abbott sent a letter to the Texas Department of Family and Protective Services directing the agency to investigate any instances of parents or guardians allowing gender-affirming procedures on their children as “child abuse.”
Abbott also tasked “all licensed professionals who have direct contact with children who may be subject to such abuse, including doctors, nurses, and teachers” to report such parents or guardians. These professionals would face “criminal penalties for failure to report.”
Abbott’s directive arrives after Paxton issued an opinion that stated that gender-affirming practices—such as gender-affirming surgery, hormone therapy, and puberty blockers—are classified as child abuse under the state’s laws.
How will this directive be enforced?
Currently, it’s unclear how the order will be enforced—or whether it will be enforced at all. The New York Times reported that the directive does not change the state’s laws, and although the agency has said it will investigate reported cases, some county and district attorneys have stated that they won’t enforce the opinion.
“My office will not participate in these bad-faith political games,” Harris County attorney Christian D. Menefee said in a statement on Tuesday, following Paxton’s opinion. “As the lawyers handling these cases, we owe a duty of candor to the courts about what the law really says. We’ll continue to follow the laws on the books—not General Paxton’s politically motivated and legally incorrect ‘opinion.’”
The ACLU of Texas also noted the politically motivated misinformation campaign that the governor and attorney general have embarked on. “This opinion and letter have no legal effect and cannot change Texas law nor usurp the constitutional rights of Texas families,” ACLU staff attorney Brian Klosterboer said in a statement. “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 health care provider is not engaging in child abuse.”
How can I help?
Be vocal about rallying behind trans youth and the LGBTQ+ community by contacting Abbott’s and Paxton’s offices. You can message Abbott’s office here and Paxton’s office here.
You can also support the below organizations that are working to protect and advocate for trans people in Texas.
- Central Texas Transgender Health Coalition: Helps to facilitate access to quality health care resources for the transgender and non-binary community as well as educate health care and social services professionals in Central Texas.
- Transgender Education Network of Texas: An organization dedicated to ending discrimination through social, legislative, and corporate education.
- TXTransKids.org: An initiative that provides resources on LGBTQIA+ youth’s rights and encourages advocates to defend trans rights across the state.
- Allgo: A cultural and social programming organization that connects and mobilizes queer people of color.
- TransYouth Family Allies: An organization that works to empower children, families, and educators on creating safe and celebratory environments for gender expression.
- Thrive Youth Center: Supports LGBTQIA+ youth experiencing homelessness in San Antonio.
- The Montrose Center: An LGBTQIA+ community center based in Houston.
- The National Center for Transgender Equality: Advocates for the equality of the transgender community at the policy level.
- Trans Lifeline: A hotline that provides trans peer support.
As an associate editor at HarpersBAZAAR.com, Chelsey keeps a finger on the pulse on all things celeb news. She also writes on social movements, connecting with activists leading the fight on workers' rights, climate justice, and more. Offline, she’s probably spending too much time on TikTok, rewatching Emma (the 2020 version, of course), or buying yet another corset.