- Texas Attorney General Ken Paxton on Wednesday said he is suing the Biden administration after federal protections were issued for gender-affirming care for minors.
- The complaint builds on an earlier lawsuit filed over the summer in response to Equal Employment Opportunity Commission guidance over restroom use.
- Paxton in a statement this week said his lawsuit was about ensuring the “safety of children.”
Texas Attorney General Ken Paxton on Wednesday said he is suing the Biden administration after it issued federal guidance on gender-affirming care. Paxton, along with Texas Gov. Greg Abbott (R), has previously equated gender-affirming care for transgender and nonbinary youth to “child abuse.”
, the state of Texas claims that a recently issued Health and Human Services Department (HHS) guidance regarding gender-affirming care represents an "erroneous interpretation of federal law.” The lawsuit builds on an existing complaint filed over the summer in response to guidance issued by the Equal Employment Opportunity Commission which allows employees to use facilities like restrooms and locker rooms aligning with their gender identity.
"The federal government does not have the authority to govern the medical profession and set family policies, including what may constitute child abuse in state family law courts," . "It is time for the Biden Administration to quit forcing their political agenda.”
“This is about the safety of children,” Paxton said. “It is time to put their well-being first.”
The HHS last week that child welfare agencies have a responsibility to protect transgender youth by making gender-affirming care accessible to minors.
The department also released guidance on patient privacy, clarifying that health care providers are not required to disclose private patient information related to gender-affirming care. A third guidance specifies that it is illegal to deny an individual medical care based on their gender identity.
“The Texas government’s attacks against transgender youth and those who love and care for them are discriminatory and unconscionable. These actions are clearly dangerous to the health of transgender youth in Texas,” HHS Secretary Xavier Becerra said last week accompanying the new guidance.
Paxton in his February opinion, which is not legally binding, said certain types of medical care for transgender youth under his interpretation of Texas law.
"The Texas Department of Family and Protective Services (DFPS) has a responsibility to act accordingly. I'll do everything I can to protect against those who take advantage of and harm young Texans,” Paxton wrote.
"While you refer to these procedures as 'sex changes,' it is important to note that it remains medically impossible to truly change the sex of an individual because this is determined biologically at conception,” he added.
Shortly after Paxton’s opinion was released, Abbott to investigate reports of transgender children receiving gender-affirming care as child abuse, warning that “criminal penalties” would be handed down to parties who fail to report.
Both Paxton’s and Abbott’s comments have been , and several district attorneys in Texas have said they will not prosecute the families of transgender or nonbinary youth.
Texas Children’s Hospital, the nation’s largest pediatric hospital, this week paused gender-affirming treatments to “” its staff and the families of patients following Abbott’s order.
President Joe Biden (D) last week called Abbott’s order “government overreach at its worst” and accused the governor of launching an attack on transgender youth and their families “just to score political points.”
“Children, their parents, and their doctors should have the freedom to make the medical decisions that are best for each young person—without politicians getting in the way,” he said.
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