(Texas Scorecard) – Attorney General Ken Paxton wrote that district courts in Texas do not have the power to order state agencies to change a person’s biological sex on driver’s licenses or birth certificates to conform with gender identity.
The attorney general’s Friday opinion concluded with a command to state agencies—such as the Texas Department of Public Safety and the Texas Department of State Health Services—to immediately correct such changes that already might have been made.
The issue goes back to August 2024, when DPS rolled out a new policy to stop gender-confused people from changing their biological sex on driver’s licenses. DPS then became aware of court orders attempting to strong-arm the agency into making the changes.
Paxton penned the opinion in response to a September 2024 letter from former DPS Director Steven McCraw asking whether or not district courts can legally require state agencies to alter biological sex on state identification documents.
McCraw’s letter also revealed that people seeking to have their biological sex changed on identification documents via court orders often search for “friendly” judges in Bexar and Travis counties.
One specific example he cited was covered by the San Antonio Express-News in 2021.
According to the report, a female with the alias “Joseph” came to Texas in 2016 from the United Arab Emirates claiming asylum. She wanted to have her biological sex changed from female to male on her legal documents.
McCraw’s letter stated that Bexar County District Judge Norma Gonzalez approved the change “with no scrutiny whatsoever.”
Texas Scorecard reached out to Gonzalez’ court staff and asked if she intends to comply with Paxton’s order and revert the sex listed on “Joseph’s” documents back to the biological sex.
No response was received prior to publication.
Texas Family Project President Brady Gray told Texas Scorecard that the integrity of birth certificates as foundational legal documents is vital and must be protected.
“These documents should not be manipulated to conform to subjective feelings but should instead honor the truth of who we are and how we were created,” said Gray.
“We must protect our children from irreversible decisions rooted in confusion and societal pressures,” he continued. “The movement to redefine identity based solely on feelings undermines the sanctity of our God-given identities and can have serious implications for individuals and families.”
While opinions of the attorney general are not necessarily legally binding on courts, they are considered “persuasive authority.”
“There are only two sexes, and that is determined not by feelings or ‘gender theory’ but by biology at conception,” Paxton said. “Radical left-wing judges do not have jurisdiction to order agencies to violate the law nor do they have the authority to overrule reality.”
“In Texas, we will follow common sense and restore any documents that were wrongfully changed to be consistent with biology,” the attorney general concluded.
Texas lawmakers are currently considering a proposal that would mandate birth certificates display biological sex and prohibit changes to the document in most cases.