Texas order on gender-confirming care, Alabama bill on trans hormone treatments draw outrage

AUSTIN, Texas (AP) — Republican Texas Gov. Greg Abbott has ordered the state’s child welfare agency to investigate reports of gender-confirming care for kids as abuse, a directive that opponents say is a first by any governor over GOP efforts to restrict transgender rights.

Abbott’s move is drawing reactions from across the nation, including sharp criticism from advocacy groups.

The immediate impact of the order, which Abbott issued Tuesday, was unclear, and a spokesman for the Texas Department of Family and Protective Services said there were no open cases based on the governor’s directive.

Meanwhile, the Alabama Senate on Wednesday approved legislation that would prohibit transgender minors from being given puberty-blockers, hormones or surgeries to affirm their gender identity — treatments that the legislative sponsor equated to child abuse.

Senators voted 24-6 for the legislation that now moves to the Alabama House of Representatives. The bill would make it a felony, punishable by up to 10 years in prison, for a doctor to prescribe puberty-blockers or hormones or perform surgery to aid in the gender transition of people 18 years old or younger.

Opponents said lawmakers were inserting themselves into decisions that belong with families and their doctors.

“That family has the right to be able to make that decision on behalf of their child, not the state of Alabama, not the Legislature,” Sen. Bobby Singleton said.

<p>Protesters in support of transgender rights rally outside the Alabama State House in Montgomery, Ala., on March 30, 2021.</p>

Jake Crandall/The Montgomery Advertiser via AP

Protesters in support of transgender rights rally outside the Alabama State House in Montgomery, Ala., on March 30, 2021.

The Texas governor’s letter to state agencies came after Republican Attorney General Ken Paxton this week released a non-binding legal opinion that labeled certain gender-confirming treatments as “child abuse.” That goes against the nation’s largest medical groups, including the American Medical Association, which have opposed Republican-backed restrictions filed in statehouses nationwide.

Both Abbott and Paxton are up for reelection this year, and their actions came a week before they are on the ballot for Republican voters in Texas’s first-in-the-nation primary of 2022.

The uncertainty over the impact is largely due to the fact that attorney general opinions do not carry the weight of law. In Houston, the county office that represents the state in civil child abuse cases said it would not take any actions based on the letter, and Texas’ largest child welfare advocacy group said it was unclear what judges and prosecutors would do with the opinion.

“What is clear is that politicians should not be tearing apart loving families — and sending their kids into the foster care system — when parents provide recommended medical care that they believe is in the best interest of their child,” said Kate Murphy, the senior policy associate for child protection at Texans Care for Children.

The opinion by Paxton is directed at treatments that include puberty blockers and hormone therapy. It comes months after Texas Republican legislators— who filed more anti-LGBTQ proposals last year than in any other statehouse — proposed laws banning such treatments but failed to pass them.

<p>Texas Gov. Greg Abbott</p>

AP Photo/Eric Gay

Texas Gov. Greg Abbott

Arkansas became the first state to pass a law prohibiting gender confirming treatments for minors, and Tennessee approved a similar measure.

Numerous states also have enacted laws banning transgender students from competing in scholastic sports on the basis of their gender identity.

Cathryn Oakley, state legislative director and senior counsel for the Human Rights Campaign, said no other governor has taken the same action as Abbott. She called it a “lawless interpretation” and expressed worry for parents.

“The terror that is being struck into their hearts is very real,” Oakley said. “I’m also thinking about the kids who are relying on that care and how frightened the are.”

The Alabama House Judiciary Committee on Wednesday heard sometimes emotional testimony during a public hearing on a companion bill to the one that cleared the Senate. The committee could vote next week.

Dr. Nola Ernest, a pediatrician and vice president of the Alabama Chapter of the American Academy of Pediatrics, told the committee that the legislation “overrides science.”

“The use of medications to treat gender dysphoria, under a team of medical experts, is evidence-based standard of care and often life-saving,” Ernest said.

Jeff White, the parent of a transgender daughter, urged lawmakers to, “vote no on this extremist bill before it kills someone.”

“This bill is not about compassion or protection. It is a violation and subjugation of who my daughter is,” White said.

White said his daughter is “one of the kindest and most creative people I am privileged to know” and that the gender-affirming treatment she receives allows her to focus on having a normal childhood.

Sydney Wright, who described herself as a former transgender man, said she still struggles with difficult side effects from taking testosterone as a teen after being diagnosed with gender dysphoria.

She urged lawmakers to approve the bill. Wright said, “nobody recommended that you have time to think or time to grow out of it.”

“I’m not putting the blame on medical professionals. These are choices I made in my teenage years, but I wish someone could have stopped me,” Wright, 22, said.

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