Gov. Greg Abbott ordered Texas health agencies last week to treat gender-affirming therapies for teenagers as abuse. His statement follows a legal opinion from the Texas Attorney General Ken Paxton, who asserted giving hormones, puberty suppressants and other therapies to transgender children constitutes “child abuse” under state law.
By law, if a health care professional in Texas learns of a transgender child undergoing any gender-reaffirming treatments, they must report it as a crime. Abbott and Paxton’s demand is a blatant assault on the right of children to express their gender identity and parents to safeguard their children’s mental health; it is hypocritical, cynical and immoral to the highest degree. Texans, resist by disregarding the order and refusing to enforce it.
Gender-affirming treatment can mean many different things, such as affirming identity and boosting self-confidence, but abuse is not one of them. The World Professional Association for Transgender Health defines chest-binding, facial hair removal, surgery and behavioral adaptation therapy hormone treatments as medically necessary. After even minor procedures, transgender people experience major health benefits, such as marked improvements in mental health and quality of life. One study suggests that gender-affirming treatments decrease psychological distress in transgender people by 42%. Claims that these procedures constitute “child abuse” imply that someone forces them on their recipients to cause harm are patently false. Though transitioning can be a stressful process, less than 2% of the people who choose to do so regret their decision. Gender-affirming treatment does not hurt kids against their will. It only angers people who don’t understand gender as a social construct.
Abbott and Paxton have given parents an impossible choice between preventing their child from genuinely expressing themselves or breaking the law. If caught and convicted for the latter, the parent’s teenager could still suffer severe emotional and economic hardship. The order pretends to protect Texan children from manipulation and violence, but in reality, the mandate guarantees protracted suffering for them and their families.
Furthermore, the Equal Protection Clause of the 14th amendment states that “no State shall … deny to any person within its jurisdiction the equal protection of the laws.” By denying care to help transgender children from realizing who they want to be, Texas is denying transgender children the medical support and protection that is afforded to cisgender children. Bills similar to Abbott’s order failed to pass the Texas legislature. Abbott is attempting to supersede the will of the legislature with his directive. Unfortunately, even though Paxton’s role as the state attorney general is meant to check illegal excesses, he cannot be counted on to stop this unconstitutional sideshow.
The drive to implement this rule regardless of legality reveals an ironic shift in the Republican Party’s supposed support for limited government. For decades, Republicans have preached limited government, attempting to cut programs and regulatory red tape. Whatever someone thinks of these policies, it is important to have a political party that is principled in its quest to hold the government in check, but Abbott has thrown these principles out the window. Now that Republicans are in control, he believes that he can insert himself into the homes and private medical decisions of transgender youth. But this is nothing new for him, as he recently signed a sweeping and arguably unconstitutional near-total ban on abortion into law. Republicans should not pick and choose to stand for their principles when convenient.
Given Abbott’s looming election day, it is unlikely he will revoke his own order. Rather than satisfy the economic promises they make to their constituents or work to improve education, Republicans are fighting fake ideological wars against children. These sorts of issues work wonders for ginning up base support ahead of the midterms. Consequently, state child welfare employees should disregard Abbott’s order, and Texas law enforcement and prosecutors should refuse to enforce it. Many already have. County and district attorneys in two major cities in Texas have already confirmed that they will not obey the order. Thus, lawyers should fight the order in both state and federal courts, exposing it as a violation of the law.
It is easy to write off what is happening in Texas, but other states could easily implement similar rules. In recent years, discriminatory and abusive policies like abortion bans have spread from statehouse to statehouse, and this one could be next. The stakes are too high for transgender youth to allow this to happen. Whether it be in Texas or somewhere else, we must resist.
The above editorial represents the majority opinion of the Wheel’s Editorial Board. The Editorial Board is composed of Rachel Broun, Jake Busch, Kyle Chan-Shue, Sophia Ling, Demetrios Mammas, Daniel Matin, Daniela Parra del Riego Valencia, Sara Perez, Ben Thomas, Chaya Tong and Leah Woldai.
