Texas Republicans have enacted a policy that terrorizes transgender children and their families, while harming the state’s ability to investigate and address child abuse.
Gov. Greg Abbott and Texas Attorney General Ken Paxton brought about these harmful outcomes by classifying gender-affirming medical care for transgender youth as child abuse.
The Policy
On Feb. 18, Texas Republican Attorney General Ken Paxton wrote a legal opinion, which found providing transgender youth with gender-affirming care, including puberty-blocking medication and hormone replacement therapy, could qualify as child abuse under Texas law.
On Feb. 22, Texas Republican Governor Greg Abbott wrote a letter to the commissioner of the Texas Department of Family and Protective Services (DFPS) directing her agency to investigate the health care procedures outlined in Paxton’s legal opinion as child abuse.
DFPS is the state agency responsible for investigating reports of child abuse and neglect in Texas.
In his letter, Abbott noted professionals who work with children are mandatory reporters of child abuse under Texas law, which is true.
Abbott stated those professionals are thus required to notify law enforcement or family services if they suspect a child is receiving the medical procedures Paxton discussed in his opinion.
Abbott noted that members of the general public are also mandatory reporters of child abuse under Texas law, which is also true.
The same day, Abbott publicly released his letter and announced that he was directing DFPS to investigate transition-related healthcare procedures provided to transgender children as child abuse.
By classifying gender-affirming medical care as child abuse, Abbott declared professionals who work with children and members of the general public were required by law to inform the state about children they suspected received such care.
By taking these actions, Abbott essentially established an Orwellian surveillance system targeting transgender children and their families, and created an environment where they would have difficulty trusting anyone.
The Texas Department of Family and Protective Services has subsequently opened several child abuse investigations into parents of transgender children.
Transgender children and their parents are horrified they might be separated from each other by the Texas government.
Several families with transgender children have moved away from Texas because of this policy.
Legal challenges
The family of a transgender child challenged the policy in court, and in May, the Texas Supreme Court temporarily halted the investigation into the family who brought the case, but the court allowed DFPS to continue investigating the families of other transgender children.
Primary Source: Texas Supreme Court Decision
That lawsuit, Doe v. Abbott, was filed by lawyers from the ACLU, Lambda Legal, ACLU of Texas, and the Texas-based firm Baker Botts.
Primary Source: Doe v. Abbott Petition
I am a proud monthly donor to Lambda Legal, one of the organizations whose lawyers are representing the plaintiffs in the case.
In June, lawyers filed a petition on behalf of additional plaintiffs who sought to prevent DFPS from investigating other families of transgender children. Just like the earlier lawsuit, the lawyers who brought the petition work for the ACLU, Lambda Legal, ACLU of Texas, and Baker Botts.
The second lawsuit is known as PFLAG v. Abbott.
Primary Source: PFLAG v. Abbott Petition
According to the petition, a 16-year-old transgender boy attempted to commit suicide the day Abbott wrote his letter to DFPS, in part because of the governor’s action.
The petition refers to the boy using the pseudonym Antonio Voe to protect his anonymity, because he is a minor.
Following his suicide attempt, Antonio was referred to a psychiatric facility, where the staff learned he had been prescribed hormone replacement therapy.
Officials at the psychiatric facility informed DFPS, which subsequently began an investigation into Antonio’s mother for child abuse due to the gender-affirming medical care her son had received.
Through the legal petition, Mirabel Voe, Antonio’s mother, who is also identified using a pseudonym, sought to have the courts halt the state’s investigation.
In July, Texas Judge Amy Clark Meachum issued a preliminary injunction against the Texas Department of Family and Protective Services that prevents the agency from continuing its investigation into Mirabel Voe while the courts consider the case.
Primary Source: Preliminary Injunction
In August, the Houston Chronicle reported nearly 2,300 employees had left DFPS since the beginning of the year.
Employees cited many different reasons for leaving. Some mentioned their opposition to Abbott’s order for the agency to investigate parents of transgender children.
Sixteen current and former DFPS employees filed an amicus brief in August in Doe v. Abbott.
The brief said requiring DFPS workers to continue to investigate the parents of transgender children could push the agency over the brink.
“As career DFPS employees, Amici respectfully advise the Court that DFPS is on the brink of collapse, and that the politically-motivated decision to compel DFPS employees like themselves to investigate non-abusive loving and supportive families, who merely rely in good faith on their doctor’s advice, would put DFPS over that brink.”
Primary Source: Amicus Brief
In September, Judge Meachum issued a preliminary injunction against DFPS that prevents the agency from investigating members of PFLAG, an LGBT advocacy organization.
PFLAG is a national nonprofit membership organization that seeks to, “create a caring, just, and affirming world for LGBTQ+ people and those who love them.”
PFLAG originally stood for "Parents and Friends of Lesbians and Gays."
The organization subsequently changed its name to a free-floating acronym whose letters no longer represent a larger phrase.
Meachum’s injunction prevents DFPS from investigating PFLAG members on the basis of having a child that is undergoing a gender transition or receiving gender-affirming medical care.
Primary Source: Preliminary Injunction 2
If Meachum’s injunction isn’t overturned by a higher court, the best option for families of transgender children would be to join PFLAG to avoid being unfairly investigated by DFPS.
Both civil lawsuits, Doe v. Abbott and PFLAG v. Abbott, are awaiting trial.
Elections
Greg Abbott and Ken Paxton are both up for reelection this year.
The Democratic candidates challenging them, Beto O’Rourke and Rochelle Garza, both oppose Abbot and Paxton’s policy of classifying gender-affirming medical care for transgender youth as child abuse.
Beto O’Rourke served in the US House of representatives from 2013 to 2019. He was one of many Democratic candidates who campaigned for president in the 2020 primary, although he dropped out of the race before voting began.
Rochelle Garza formerly worked as staff attorney for the ACLU of Texas.
I have donated to both Beto O’Rourke and Rochelle Garza’s campaigns.
FiveThirtyEight’s Deluxe model gives Greg Abbott a 94% chance of winning reelection. According to the model, Abbott is clearly favored to win in November.
Sabato’s Crystal Ball considers the race for Texas Attorney General to be competitive.
Next Steps
The harm inflicted by this policy on transgender children and their families in Texas is immense and ongoing.
There are several ways the policy could be stopped prior to election day, although none are even remotely likely.
Paxton should immediately rescind his legal opinion that started this mess.
Abbott should immediately inform DFPS that he no longer wishes the agency to investigate gender affirming medical care for trans youth as child abuse.
In its May decision, the Texas Supreme Court ruled DFPS is responsible for determining whether a report of possible child abuse qualifies as child abuse under Texas law. If the agency determines an allegation qualifies as potential child abuse, the agency has a responsibility to investigate the claim.
The court said Paxton and Abbott may advise DFPS on their interpretation of the law, but that the agency is not bound by either of their interpretations.
DFPS should immediately disregard Paxton’s legal opinion and Abbott’s directive to the agency.
But the most likely way this policy could be overturned quickly would be by defeating Texas Republicans in November.
Texas voters should vote against Paxton and Abbott in their elections, both to overturn this policy, and to demonstrate there is a political cost to using the power of the state to terrorize trans kids.
If this policy isn't rescinded following the election, Texas courts could and should overturn the policy through the lawsuits filed on behalf of transgender children and their families.
