Texas Attorney General Ken Paxton: Gender-affirming care for transgender children is abuse

Attorney General Ken Paxton has issued a new interpretation of state law that says certain types of medical care for transgender children are abuse, a dramatic change contrary to medical standards that if implemented could make Texas one of the most aggressive states in targeting trans youth access to health care. On Monday, Paxton issued an opinion stating his office believes gender-affirming health care for transgender youth — including treatments like hormone therapy and puberty blockers — is a form of child abuse. The move comes despite opposition from the top medical and child welfare groups, who oppose blanket bans to care. “There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted,” Paxton said in a news release. “The Texas Department of Family and Protective Services has a responsibility to act accordingly. I’ll do everything I can to protect those who take advantage of and harm young Texans.”

It’s unclear what Paxton’s opinion could mean for transgender children. Attorney general opinions do not have the force of law and are meant as written interpretations of current statute. Paxton issued his opinion after state Rep. Matt Krause, R-Fort Worth, asked him to weigh in on the issue. Spokespeople for the Department of Family and Protective Services and Texas Health and Human Services said the agencies would be reviewing the opinion. In arguing his point, Paxton likened transgender youth health care to the opioid crisis. State have an interest in “routinely” regulating the medical profession and health care guidelines, he said, to protect the public. “There is always the potential for novel medical determinations to promote purported remedies that may not improve patient outcomes and can even result in tragic harms. The same potential for harm exists for minors who have engaged in the type of procedures or treatments above,” Paxton wrote. He added: “The State’s power is arguably at its zenith when it comes to protecting children.” Paxton also addressed parental rights to access health care for this child, saying there are limits.