OPINION: Texas Gov. Greg Abbott attempts to criminalize constitutional rights of transgender children

“Texas Gov. Greg Abbott speaking in Aug. 2021.” Photo by Sophie Park of The Texas Tribune.

Julianna Rittenberg is a freshman studying political science and an opinion writer for The New Political.

Please note that these views and opinions do not reflect those of The New Political.

On Feb. 18, Texas Attorney General Ken Paxton released an official letter in which he stated “sex change procedures and treatments enumerated above, when performed on children, can legally constitute child abuse,” according to Texas law. 

On Feb. 22, Texas Gov. Greg Abbott released a letter supporting this position. The letter directed the Texas Department of Family and Protective Services to investigate any instances of gender-affirming provided to children. In a tweet promoting the letter, Abbott refers to these provisions as “abusive gender-transitioning practices.” 

Gender-affirming care is defined by the University of California, San Francisco as a medical treatment that allows individuals to acquire the secondary sex characteristics that best align with their gender identity. It can include hormone therapy, surgery, hair removal or voice modification. 

Immediately following the release of said letter, the ACLU tweeted in support of the transgender community stating, “Attorney general Paxton's opinion and Governor Abbott's letter have no legal effect, can't change Texas law, and can't override the constitutional rights of Texas families. No court anywhere in the country has ever found that gender-affirming care can be considered child abuse.”

Despite this statement, it is still unclear whether this letter will lead to an executive order or further legislation. For now, the ACLU believes the order will not hold up in court. Currently, if a professional decides to open an investigation and remove a child from their parents for receiving gender-affirming care, the court will likely rule in favor of the parents. Still, it would be deeply traumatizing. 

The ACLU also promised its support to both the transgender community in Texas and the transgender community in other states where healthcare rights are under attack. While the letter does not have legal force yet, it is a jarring indication of what may come. It signals that Texas is not a friendly place for the transgender community nor a safe one. 

Fortunately, at least five county officials have said they will not be enforcing this policy. One county attorney in Harris County stated his office will continue to follow the law. Not a letter. 

Despite these assurances that the policy has no real legal effect, Texas began investigating families on March 1. The first to be investigated is an unidentified Child Protective Services employee with a transgender daughter. The employee was placed on leave, and the agency is asking for her daughter’s medical records. The ACLU has taken on the lawsuit.

The American Medical Association also came out and denounced the letters. The organization believes the potential legislation “represents a dangerous governmental intrusion into the practice of medicine and will be detrimental to the health of transgender children across the country.” 

The AMA also affirmed that transgender and non-binary identities are valid, stating, “Empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.” 

The American Academy of Pediatrics denounced the letter as well. They reaffirmed their long standing position about the benefits of gender-affirming care in their statement and announced that they would continue to combat legislation that opposed this viewpoint. 

This push for action by Gov. Greg Abbott comes after a failed legislation in the Texas Senate last year, which would have qualified gender-affirming care as child abuse and required professionals such as doctors or social workers to report parents who supported their child transitioning. The bill did not make it past the senate. 

In 2021, more than 40 Texas bills targeted the transgender and non-binary community. So far, 2022 is attempting to follow suit.

However, Texas is not alone. In Ohio, House Bill 454 intends to ban gender-affirming care. A similar bill was passed in Arkansas in March of 2021 but was blocked by a federal judge in July. The ACLU led the winning side, pushing for the right to have gender-affirming care. 

Admiral Rachel Levine, the first openly transgender federal official to be confirmed by the Senate and the assistant secretary of health, made a statement in response to the actions taken in Texas. As a pediatrician, adolescent medicine specialist and transgender person, she is deeply concerned about what this attitude will do for transgender youth. 

Transgender children are already more vulnerable than their cisgender peers due to experiencing worse mental health issues and bullying. Taking away their right to gender-affirming healthcare is another step towards making their lives harder. 

According to the Trevor Project, 75% of LGBTQ youth follow recent news about their community, and 2/3 reported the recent legislation as having a negative impact on their mental health. In the transgender community, 85% of youth reported recent legislation and news as having a negative impact on their mental health. 

Gender-affirming care can save lives. It provides people the opportunity to be their truest selves. Beyond that, it can prevent suicides and positively impact a person’s mental health. Suicide is the second leading cause of death among young people, and the LGBTQ community is four times more likely to commit suicide than their peers. 

It is time to stop attacking LGBTQ, especially transgender and nonbinary, youth. These legislation, stances and attitudes are killing children. Not only are these kids being denied the ability to feel safe, but they now have to worry about the threat of being taken away from their families and support systems.

When are we going to stop shaming kids for being who they are? The sooner we as a country accept that the LGBTQ community is not going away and stop prosecuting them for existing, the sooner we can begin to repair the damage we have done. We should support the LGBTQ community and provide more mental health resources. We need to care about the people who will be the future of this country. It is time to invest in them, not tell them to repress who they are.