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Texas Threatens Access to Care For Trans* Youth

By Meghan Serceki

The Issue:

Texas lawmakers launched an attack against children’s rights to medically transition in August 2021, and the situation has turned even more critical in recent weeks.

In August, a letter from  the Texas Department of Family and Protective Services (DFPS) stated, “Reassignment surgery is child abuse, subject to all rules and procedures pertaining to child abuse.”

The letter even referred to gender-affirming surgeries as “genital mutilation” on multiple occasions, and its only exceptions include cases of “medical necessity,” one of which they define as a child being born intersex.

This has obvious impacts on trans* children and their families across the state, but now prominent lawmakers have taken this decision a step further.  

While the original letter addressed surgical procedures, Attorney General Ken Paxton released an opinion grouping hormone therapy (including puberty blockers) in with these “surgical procedures” which are now considered child abuse.

The Impacts:

In Texas, anyone who suspects child abuse or neglect is required to report it. While this is meant to protect children, it now also means that people are required to report parents they suspect may be allowing their child to take hormones or puberty blockers. This could result in a plethora of legal consequences, and even possibly family separation.

This means that parents who have assisted their children in receiving gender-affirming medical treatments must stop immediately or risk being wrongfully convicted of child abuse under Texas law.

Especially for families with prepubescent trans* individuals, this could have long-lasting effects on their gender dysphoria. 

Some effects of puberty are permanent. Puberty blockers are not.

Puberty blockers are medications that block estrogen or testosterone. Trans* children who wish to medically transition will often start by taking these so puberty doesn’t take place. If they stop treatment their bodies will resume these hormonal changes.

Now, though, Texas law considers these treatments child abuse and will be taking away this option. This means that, while medical advances exist which would allow them to grow into the body they want, trans* children may be condemned to undergo an uncomfortable and somewhat irreversible experience. 

The dysphoria that accompanies puberty can be immense, meaning that it can adversely affect both the child’s mental and physical health. Trans* individuals already encounter mental health challenges at alarming rates and often face barriers to their treatment (see “The Stigma of Seeking Help”).

While they can begin hormone treatment after they turn 18, their path forward will be more arduous and they will face more challenges than if they had been allowed to take the blockers and hormones earlier.

Gender-affirming hormone treatments like estrogen or testosterone therapy are already administered stringently to minors. They are closely monitored by doctors to ensure people’s physical and mental health throughout the process.

The Texas law wouldn’t allow this to happen and could keep people who know their gender from being able to be comfortable in their bodies for much longer than necessary.

The Path Forward:

Right now, this is taking place in Texas, but it requires all of our attention. This could set a catastrophic legal precedence and may pave the way for other states to do the same. No matter where you are, make your voice heard.

Give them a call:

Here’s a list of the Texas House Members.

Spread awareness:

Join the conversation on social media! Tag @KenPaxtonTX, @GovAbbott, or @GregAbbott_TX to reach out to the Attorney General and Governor’s accounts.

Sign this petition:

ACLU Pledge to Fight For Trans Youth in Texas

Learn more:

Check out other publications and keep an eye on the news. This situation is changing, so stay engaged!