On Friday, February 18, 2022, Texas Attorney General Ken Paxton released a non-binding opinion that under current Texas state law, gender-affirming procedures for nonbinary and transgender youth are to be classified as child abuse. Texas Governor Greg Abbott followed this release with his own letter to the Texas Department of Family and Protective Services (DFPS), falsely claiming that Attorney General Ken Paxton’s opinion confirms anything about the state of gender-affirming care in Texas.
Many other state governments and leaders have attempted to block gender-affirming care and education for LGBTQ+ students, such as Florida’s “Parental Rights in Education” bill, which has been colloquially known as the “Don’t Say Gay” Bill, which prohibits schools from providing student support to LGBTQ+ students, as well as banning all education regarding sexual orientation and gender identity through Grade 3, and prevents educators from witholding information about a student’s sexual orientation or gender identity from the child’s parents1,3.
Similar actions, opinions, and legislation have been proposed in several other states.
Misinformation surrounding the aforementioned state actions has led to an increase of fear, despair, and overall stigma related to LGBTQ+ rights. The Social Justice Committee has compiled some concerns that have been brought before us to help increase understanding about the actions taken in Texas and Florida, specifically, as well as the rights and responsibilities for LGBTQ+ children, students, and their caretakers. While I cannot provide you with legal advice or direction, I can attempt to demystify and debunk some inaccurate information propagated by the actions taken by aforementioned state leaders, as well as direct you on how you can learn more and ways you can help the LGBTQ+ community.
Clarifying Misconceptions
According to the Child Welfare League of America, “Providing appropriate, compassionate medical care for your child is not child abuse. We know that youth who identify as LGBTQ are at greater risk of homelessness, substance use disorders, mental illness, suicide ideation and attempts, trauma, and other negative outcomes than their peers; the right to receive individualized, evidence-based, identity-affirming care from their doctors and other medical providers saves lives.”7,10
AG Paxton’s opinion relies heavily on the use of what he calls “sterilization procedures” for children that infringe upon their right to procreate6. However, he almost exclusively refers to puberty/hormone blockers which, by their nature, temporarily prevent a child from reaching sexual maturity. Puberty/hormone blockers are considered fully reversible by medical literature.15,16
Gender-affirming care used by doctors for medical transitioning must meet the same safety requirements of other medications or surgeries, meaning that minors must have parental consent, as well as be endorsed and recommended by a competent medical doctor, with an active medical license, according to the Texas Occupational Code, Title 314. The option of surgery, especially genital surgery, is typically only offered to fully-developed adults who have exhausted all other options of social transitioning and to alleviate distress related to gender dysphoria11. The inclusion of such procedures in any opinions or statements from government leaders is extraneous, appears to be written in bad faith, and causes undue distress to members of the LGBTQ+ community.
In the follow-up letter from Texas Governor Greg Abbott, the governor brings up hormone replacement and puberty blockers, which may be offered to minors who have reached a minimum stage of growth (around 9-11 years of age)15. However, as previously discussed, allegations that these two forms of gender-affirming care are child abuse rely on claims made by AG Paxton that (a) puberty blockers are irreversible, and (b) hormone replacements cause sterility. Neither claim is consistent with medical literature 15, 16.
Implications for Families
Several educators, mandatory reporters, collegians, and other child caregivers have approached me and other members of the Social Justice Committee with questions about the Texas governor’s demand that the Department of Family Protective Services (DFPS) launch investigations into suspected instances of “elective procedures for gender transitioning, including reassignment surgeries that can cause sterilization, mastectomies, removals of otherwise healthy body parts, and administration of puberty-blocking drugs or supraphysiologic doses of testosterone or estrogen”5.
This letter does not address social transitioning at all, which can include: (a) referring to a child by their proper pronouns; (b) allowing a child to wear clothing they find most comfortable and gender-affirming; (c) allowing a child to seek mental health care related to LGBTQ+ rights, as well as mental health treatment for gender dysphoria; (d) allowing children to engage in social play and age-appropriate social, romantic, and physical relationships; and (e) inquiring about gender-affirming care. None of these actions fit the criteria for the Texas Administrative Code’s definitions of child abuse and neglect17, 8.
Many parents of transgender or gender nonconforming children have expressed concern that the governor’s statement will cause the undue removal of their child from their home. At this time, the DFPS maintains that removal of a child is a last resort and is typically only recommended in cases of severe and well-documented physical abuse and neglect4. DFPS caseworkers are human beings and evaluate the level of evidence that supports imminent danger and harm to a child when they receive reports of child abuse. Should you feel you and your family are being subjected to a fraudulent claim, please seek legal counsel. I have linked some LGBTQ+-affirming legal resources below.
How to Help
Anti-LGBTQ+ activity in Texas and Florida has already received legal pushback9. For instance, while public school teachers have limited first amendment rights2, children of all ages have a constitutional right to free speech in the classroom1,2. This means that the State of Florida cannot legally suppress discussion of any subject between students, calling into question the constitutionality of the bill. Due to the fact that the bill has not yet been signed by Florida Governor Ron DeSantis, it has not yet gone into effect; opponents of the bill expect official challenges to occur once the bill has been signed1.
If you would like to show your opposition to these actions, or any other action taken in opposition to LGBTQ+ rights in your state, you are encouraged to publicly show your support for your LGBTQ+ community members. Call your local and state legislators – who work for you, their constituents – and inform them of your stance. Utilize your time and talent to bring awareness and support, raise funds for LGBTQ+ resource centers, especially legal funds and mental health treatment centers for LGBTQ+ youth. There are several of these resources and legal funds, for your own use or for those who could use your support, linked in this document.
Kappa Delta Chi continues to center, support, and affirm the lived experiences and identities of the entire LGBTQ+ community, especially those of whom are our sxsters and members. If you have any questions or need support or resources, please email me. And please know that you can always turn to our sxsterhood, because we will continue to fight for you. You belong, and you are loved. To our sxsters not a part of the LGBTQ+ community, I urge you to remember: serving our community means serving our entirecommunity.
In Love and Friendship,
Victoria Pentecost-Cliffe
VP Diversity, Equity & Inclusion
Kappa Delta Chi Sorority, Incorporated
Diversity@KappaDeltaChi.org
P.S.
This letter, as well as the resource list below, can also be viewed/downloaded in pdf form and on our national letterhead here.
Resources
Gender-Affirming Care in Texas: What Parents and Guardians Need to Know
https://cdn.ymaws.com/www.texaspsyc.org/resource/resmgr/2022/eblasts/Texas_Fact_Sheet_on_Gender-A.pdf
Legal Funds:
http://www.pridelawfund.org/#:~:text=Pride%20Law%20Fund%20(PLF)%20has,advocacy%20organizations%20across%20the%20country.
https://www.lambdalegal.org/
https://www.state.gov/global-equality-fund/
LGBTQ+ Legal Help:
https://www.hrc.org/
https://lgbtqbar.org/about/gethelp/
https://www.thetrevorproject.org/
LGBTQ+ Mental Health:
https://pride-institute.com/
https://www.pridecounseling.com/
https://www.aasect.org/referral-directory
http://www.glma.org/index.cfm?fuseaction=Page.ViewPage&PageID=939
https://restforresistance.com/
Crisis/Suicide Prevention Hotlines
Trans Lifeline - 877-565-8860
LGBT National Youth Talkline - 1-800-246-7743
TrevorLifeline - 1-866-488-7386
TrevorText - Text START to 678-678
Crisis Text Line* - Text HOME to 741741
GLBT National Hotline - 1-888-843-4564
Resources that serve LGBTQ+ folks
https://www.glsen.org/resources/student-and-gsa-resources
http://www.glma.org/
https://truecolorsunited.org/
https://pflag.org/ (Also for parents of LGBTQ+ children)
https://www.qchatspace.org/
https://itgetsbetter.org/
https://www.listennotes.com/podcasts/i-stand-by-you-with-lizette-drew-lizette-j9RvIAste6i/
References
- https://www.findlaw.com/legalblogs/law-and-life/understanding-floridas-dont-say-gay-bill/
- https://www.findlaw.com/education/teachers-rights/teachers-different-freedoms-and-rights.html
- https://www.flsenate.gov/Session/Bill/2022/1557/?Tab=BillHistory
- http://parentresourceguide.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.parent_resource_guide/10#:~:text=CPS%20can%20only%20remove%20your,let%20CPS%20remove%20your%20child
- https://gov.texas.gov/uploads/files/press/O-MastersJaime202202221358.pdf
- https://texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2022/kp-0401_0.pdf
- https://www.cwla.org/child-welfare-league-of-america-opposes-redefining-child-abuse-to-include-gender-affirming-care/
- https://www.luriechildrens.org/en/news-stories/gender-affirming-care-is-healthcare-not-child-abuse/
- https://www.statesman.com/story/news/2022/03/11/judge-asked-block-abbott-order-transgender-affirming-therapy-child-abuse/6995409001/
- https://www.columbiapsychiatry.org/news/gender-affirming-care-saves-lives
- https://www.statesman.com/story/news/politics/2019/11/11/fact-check-what-does-law-say-about-children-and-sex-reassignment-surgery/984431007/
- https://www.politifact.com/factchecks/2021/mar/05/viral-image/no-young-children-cannot-take-hormones-or-change-t/
- https://webcache.googleusercontent.com/search?q=cache:VC9El8oVTugJ:https://www.houstonchronicle.com/politics/texas/article/Fact-check-Does-Texas-law-allow-transition-14838799.php+&cd=12&hl=en&ct=clnk&gl=us
- https://statutes.capitol.texas.gov/?link=OC
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7656150/#R6
- https://publications.aap.org/pediatrics/article/145/2/e20191606/68237/Long-term-Puberty-Suppression-for-a-Nonbinary
- https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=510&rl=46