Topline
The American Civil Liberties Union took aim Wednesday at Texas officials for framing gender-affirming medical care for transgender children as “child abuse” and urging people to report parents to state authorities, calling the moves legally unenforceable and politically motivated, as Texas Gov. Greg Abbott (R) endures criticism for the latest state-level attempt to restrict transgender medical care.
HOUSTON, TEXAS – OCTOBER 27: Texas Governor Greg Abbott speaks during the Houston Region Business … [+]
Key Facts
In a Tuesday letter, Abbott asked the Texas Department of Family and Protective Services to open investigations into the parents of children who receive gender-affirming care, and called on “licensed professionals” such as doctors, nurses and teachers to report the children, threatening criminal penalties if they fail to do so.
The letter was based on a Friday opinion by Texas Attorney General Ken Paxton (R) that claimed many forms of gender-affirming medical care such as puberty blockers, hormone therapy and surgery are “child abuse” under state law.
But in a release Wednesday, the Texas ACLU said Paxton’s opinion is not legally enforceable, as the courts are responsible for interpreting state laws, and no court in Texas or elsewhere in the U.S. has ever found gender-affirming care to be child abuse.
New legislation may be needed for Abbott and Paxton to direct state officials to open child abuse probes into transgender children, NBC News noted.
The ACLU also argued the opinion “cites highly partisan, outdated, and inaccurate information that ignores the consensus of every major medical association and the evidence-based and peer-reviewed standards of care.”
Abbott and Paxton’s offices did not immediately respond to Forbes’ requests for comment, and the Texas ACLU did not provide any additional comment to Forbes.
Surprising Fact
Harris County Attorney Christian Menefee, who handles civil child abuse cases in the Houston area, responded to Abbott and Paxton’s decisions by saying his office will not participate in “these bad faith policial games” and will adhere to the laws “on the books” rather than Paxton’s opinion, which he says is politically motivated and incorrect.
Chief Critics
The Biden Administration called Paxton’s opinion “dangerous,” with White House Deputy Press Secretary Karine Jean-Pierre telling the Dallas Morning News conservative lawmakers in Texas and elsewhere should “stop inserting themselves into healthcare decisions that create needless tension between pediatricians and their patients.” Texas State Rep. Donna Howard (D) denounced the opinion on Twitter Wednesday, arguing conservatives in the state are “hellbent on denying science at Texans’ expense.”
Key Background
Over the past year, Republican officials in several states have attempted to pass legislation that would limit or cut off access to some forms of gender-affirming medical care for transgender children. Only Tennessee and Arkansas were successful, according to the nonprofit Movement Advancement Project, passing bills last year that deny certain medical treatments to some transgender youth. State lawmakers in places like Texas have discussed similar legislation. Several medical organizations, including the American Academy of Pediatrics, say restrictions on medical care for transgender youth have no basis in science and are potentially damaging. The Endocrine Society, an international medical organization that studies hormones, said in a statement to NBC News Abbott’s order “rejects evidence-based transgender medical care.”
Tangent
Some transgender-focused laws has faced legal challenges. Last year, a judge halted Arkansas’ ban on gender-affirming medical care for transgender children. In July, a federal judge stopped a Tennessee law that would’ve forced businesses to post warning signs if they allow transgender patrons to use bathrooms that align with their gender identity.
Source: https://www.forbes.com/sites/masonbissada/2022/02/23/aclu-criticizes-texas-officials-for-proposing-child-abuse-investigations-into-transgender-medical-care/