- Advocates blasted
Texas Gov.Greg Abbott after he ordered state agencies to designate gender-affirming care for transgender youth as child abuse. - Abbott ordered that any parent or doctor who gave gender-affirming treatment be investigated.
Abbott directed the state's Department of Family and Protective Services on Tuesday to conduct "prompt and thorough" investigations into gender-transitioning procedures.
The move comes after Republican Texas Attorney General Ken Paxton issued a formal opinion stating that providing gender-affirming medical treatments like puberty blockers and gender-reassignment surgery to youth is "child abuse" under state law.
"These are monstrous and amoral actions by Paxton and Abbott," Texas Freedom Network spokeswoman Imelda Mejia told Insider on Wednesday.
"They go against medical standards and may deny children life-saving, gender-affirming care," Mejia said. "Transgender children deserve gender-affirming care. Transgender children and their families deserve to know that they are safe, loved, and valued by their fellow Texans."
American Civil Liberties Union staff attorney Brian Klosterboer said in a statement that Paxton's opinion and Abbott's 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," Klosterboer said.
According to the ACLU, Paxton's opinion is not legally binding and it remains up to the courts to interpret Texas laws and the Constitution.
Sarah Ellis, the president and CEO of the Gay and Lesbian Alliance Against Defamation told Insider, "Texas leaders should listen to the experts instead of deciding they know what's best for families."
"Every major medical association in the country supports affirming healthcare for transgender youth," Ellis said, adding, "No child should be singled out and targeted by politicians, and no parent should be afraid of having their child taken away just because they're taking them to the doctor for safe, affirming, life-saving healthcare."
In a letter to the state's protective services agency, Abbott cited Paxton's opinion, saying that "a number of so-called 'sex change' procedures constitute child abuse under existing Texas law."
"Because the Texas Department of Family and Protective Services (DFPS) is responsible for protecting children from abuse, 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 in the letter in which he copied several agencies, including the Texas Health and Human Services Commission.
Abbott noted in the letter that licensed professionals like doctors, nurses, and teachers may face criminal penalties "for failure to report such child abuse."
"There are similar reporting requirements and criminal penalties for members of the general public," Abbott wrote.
The governor continued, "To protect Texas children from abuse, DFPS and all other state agencies must follow the law as explained" in Paxton's opinion.
The Department of Family and Protective Services told Insider "in accordance with Governor Abbott's directive … We will follow Texas law as explained" in Paxton's opinion.
"At this time, there are no pending investigating of child abuse involving the prodecures described in that opinion," the agency said. "If any such allegations are reported to us, they will be investigated under existing policies of Child Protective Investigations."
Christian Menefee, the chief civil attorney for Harris County — Texas' largest county — said in a tweet that his office "won't be participating in this political game."
"We'll continue to follow the laws on the books—not [Paxton's] politically motivated and legally wrong 'opinion,'" Menefee said.
The district attorney's office in Travis County told The Dallas Morning News they also would not comply. Travis County Attorney Delia Garza told Insider in a statement that her office "will play no part in it."
"The Republican leadership of this state is trying to turn loving and supportive parents into criminals, and this office will play no part in it," Garza said. "We will remain focused on protecting the community from true threats and keeping families safe."
Meanwhile, the White House on Wednesday slammed Abbott and Paxton for targeting transgender youth.
"Conservative officials in Texas and other states across the country should stop inserting themselves into health care decisions that create needless tension between pediatricians and their patients," White House principal deputy press secretary Karine Jean-Pierre told The Dallas Morning News.