Five district attorneys have stated that they will not be enforcing Governor Abbott’s order regarding Texas Attorney General Ken Paxton’s recently published opinion, which labeled elective medical procedures for transgender children as abuse.
The pushback comes in response to Abbott’s decision to back Texas AG Ken Paxton’s formal opinion, also known as a legal interpretation of a law, released on February 18, 2022.
In the opinion, Paxton outlined his belief that “gender-affirming” care should be considered child abuse, and the parents who allow it should be investigated. Paxton noted that certain procedures such as “gender reassignment” surgery render a person infertile, a decision that lasts a lifetime.
Under Chapter 261 of the Texas Family Code, child abuse is defined as “physical injury that causes substantial harm to a child.” Paxton claims performing medical “sex changes” on children is considered child abuse by this definition, due to the nature of certain treatments and procedures.
According to Dr. Ryan T. Anderson, Ph.D., people who undergo sex-altering surgery have higher overall mortality rates, higher rates of certain cardiovascular diseases, and higher suicide rates. Paxton cites similar concerns in his opinion.
Upon reviewing Paxton’s opinion, Governor Greg Abbott wrote a letter to the DFPS requiring them to report any instances of children undergoing such procedures. He warned that there could be criminal consequences for adults who allow the “abuse” or who do not report it.
Those rejecting the push from Abbott include DAs from Dallas, San Antonio, Austin, Sugar Land, and Corpus Christi, which affects around 5 million people, USA Today wrote. In a statement, the DAs asserted they would not persecute any parents who allow their children to receive “gender-affirming” care, such as hormones or surgery.
Dallas County District Attorney John Creuzot released a statement via Twitter in support of transgender youth, calling Abbott’s directives “life-threatening.” The statement was signed by Creuzot, José Garza (Travis County), Joe Gonzales (Bexar County), Mark Gonzalez (Nueces County), and Brian Middleton (Fort Bend County).
Part of their assertion reads as follows: “We will enforce the Constitution and will not irrationally and unjustifiably interfere with medical decisions made between children, their parents, and their medical physicians.”
The statement ends, “We have a choice: we can launch politically motivated attacks, or we can lift up and protect communities. We are proud to do the latter.”
The five district attorneys are not the only ones to publicly oppose Abbott’s ruling. The Governor’s stance has seen immense pushback from the LGBTQA community and transgender alliances.
“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,” said Texas Freedom Network spokeswoman Imelda Mejia to Business Insider.
Multiple law firms and attorneys, such as ACLU, have stated that Abbott’s order has no real legal effect and cannot be enforced.
