Republican Gov. Greg Abbott’s directive to have state agencies investigate parents for child abuse over gender-affirming health care is not the only instance of structural transphobia in action in the United States, but it’s certainly a chilling one. As Daily Kos covered at the time, Abbott directed state agencies to investigate parents (and health care providers) who seek or provide gender-affirming health care to trans youth—this could be, for example, puberty blockers or other forms of hormonal therapy. Abbott’s directive is based on an opinion from Republican Attorney General Ken Paxton. It is not a law.
That said, trans people and allies are understandably frightened. According to a lawsuit filed by the American Civil Liberties Union (ACLU) and Lambda Legal last week, parents are already being investigated by Texas officials, as reported by Mother Jones. Mind you, all major medical associations, including the American Medical Association (AMA) and the American Academy of Pediatrics (AAP), support gender-affirming care for youth as age-appropriate, safe, life-saving care. There is nothing experimental or controversial about this except that conservatives want to stoke fear and outrage against a vulnerable group. And yet reports of “abuse” are already coming in.
In the lawsuit, the ACLU and Lambda are that Abbott’s order doesn’t have the necessary statutory or constitutional authority. There is also considerable concern that this order will lead to false accusations. The order is extremely broad and gives permission for fellow parents (as well as teachers, coaches, neighbors, and so on) to essentially monitor the behaviors and lives of trans (or possibly trans) youth in their communities.
What counts as gender affirmation? What if it’s not medical, but about names or pronouns? What about if it’s just about clothing? What is the burden of proof? This sort of scenario sets the stage for horrible, unfair paranoia for youth and families who do want to be supportive. It pushes people into the closet to stay safe, and that’s sick.
As reported by local outlet KHOU 11, on Friday, Texas Children’s Hospital announced it is pausing gender-affirming care services per Abbott’s directive. Why? Per the statement, they’re pausing hormone-related prescriptions for gender-affirming care as a step to “safeguard” health care professionals and families from “potential criminal legal ramifications.”
To be clear: They’re not stopping prescriptions because they’re dangerous medically, but criminally. Thanks to Abbott.
On Wednesday, Texas District Judge Amy Clark Meachum issued a temporary order stopping the Department of Family and Protective Services (DFPS) from investigating the parents of a 16-year-old receiving gender-affirming care. Meachum blocked the state from investigating these parents (after they sued) but for now, this halt applies only to this family, not other families being investigated. On March 11, Meachum will have an additional hearing to decide whether to issue a broader order, as reported by The Guardian.
According to The 19th, a DFPS spokesperson told the outlet that the agency has received at least three reports so far alleging neglect or child abuse based on gender-affirming health care.
Also on Wednesday, the U.S. Department of Health and Human Services (HHS) issued a guidance saying that physicians are not required to disclose private patient information—including gender-affirming care. HHS suggested that parents who are investigated in Texas because of the directive can go to the HHS civil rights office for help.
As reported by Axios, HHS Secretary Xavier Becerra described Abbott’s actions as “unconscionable” and pledged that at HHS, “we listen to medical experts and doctors, and they agree with us, that access to affirming care for transgender youth is essential and can be life-saving.”
Unsurprisingly, President Joe Biden spoke against Abbott’s directive during his State of the Union address on Tuesday. “The onslaught of state laws targeting transgender Americans and their families, it’s simply wrong,” he said in part, again stressing his support for a federal bill to protect LGBTQ+ people from discrimination.
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