Yeah, you know a law was enacted in good faith and not at all intended to just harass people when the attorneys desperately defending it in court have to repeatedly openly contradict what the Attorney General insists the law says:
Fighting to keep his job in a heated GOP primary this year, Attorney General Ken Paxton repeatedly insisted that certain medical treatments for transgender youth are abusive and illegal.
But in the relative calm of a court hearing, the state’s lawyers have said something quite different: Gender-affirming care for minors is not abuse in all cases, and the state won’t go after parents just because their trans child is receiving these treatments.
“Despite the frankly breathless media coverage of these important issues, there has been no call to investigate all trans youth or all youth undergoing these gender affirming procedures or therapies. That’s not the case,” Assistant Attorney General Ryan Kercher said in court last week in the first legal test for the state’s policy of investigating certain care for trans minors as abuse.
The conflicting statements are causing confusion among state workers, sowing fear among parents and kids — and raising questions about what the state’s new directive targeting gender-affirming treatments for trans youth means in practice.
While there may be conflicting interpretations, the immediate effects are already on display.
Since Gov. Greg Abbott told state agencies to investigate certain medical care as abuse last month, the state has opened nine investigations based on this directive. The parent of a transgender teenager is suing to block Abbott’s order. And the state’s largest children’s hospital has paused some gender-affirming therapies.
When the Biden administration offered guidance to families with trans children, Paxton sued. He did not parse words in criticizing gender-affirming care, describing it in a tweet as “a new radical form of child abuse.” ...
In February, Paxton issued an opinion that said several methods for treating gender dysphoria in minors, such as puberty blockers and hormone therapies, “can legally constitute child abuse” under the state’s current laws. Gender dysphoria is the feeling of discomfort or distress that can occur in people who identify as a gender that is different from the gender or sex assigned at birth.
Attorney general opinions are nonbinding and no new law was passed to codify his opinion. But Abbott took the guidance and ran with it, sending a strongly worded letter to multiple state agencies directing them to investigate any reports that minors were receiving such treatments.
Abbott warned those required to report child abuse — “including doctors, nurses, and teachers” — could be criminally charged for failing to do so.
A week later, the state of Texas was sued by an unnamed DFPS employee who was put on leave and investigated for having a teenage trans daughter receiving medical care. Paxton’s agency went to court, arguing the public and media had misinterpreted the state’s actions.
Kercher, the assistant attorney general, said Paxton’s opinion intentionally used “couched” language. Gender affirming treatments are not necessarily or per se abusive, he added, but “that these treatments like virtually any other implement, could be used by somebody to harm a child.”
“It’s improper and incorrect” to say the opinion called on every young person undergoing “these kinds of treatments and procedures” to be investigated, he said.
Two days later, however, Paxton seemed to contradict his deputy’s interpretation in a tweet that left no room for such nuance.
“When performed on children, so-called sex-change procedures, puberty blockers, and hormone therapies are ‘abuse’ under Texas law. They’re illegal,” Paxton wrote. “Family courts and family-law government agencies must do their part to stop this.”