There is growing opposition from local prosecutors to a legal opinion by Attorney General Ken Paxton that asserted some gender-affirming medical care for transgender youths amounts to child abuse.
Paxton Monday that certain 鈥渟ex-change鈥� procedures and the prescribing of puberty-blockers to certain children is 鈥渃hild abuse鈥� under Texas law and said the Texas Department of Family Protective Services has a responsibility to 鈥渁ct accordingly.鈥�
Paxton鈥檚 opinion was followed by a directive from Gov. Greg Abbott to the Texas DFPS 鈥渢o conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas鈥�.
Since then, at least five district attorneys鈥� offices have issued public statements blasting Paxton and Abbott. On Thursday the district attorneys of Dallas, Bexar, Travis, Nueces and Fort Bend counties said they were 鈥渄eeply disturbed鈥� by the actions.
鈥淭his is part of a continued onslaught on personal freedoms,鈥� the district attorneys said. 鈥淓lected officials should be protecting our most vulnerable. These two, instead, want to irrationally target and restrain children seeking medical assistance 鈥� and force caregivers to participate. This is un-American.鈥�
The group added that it will, 鈥淓nforce the Constitution and will not irrationally and unjustifiably interfere with medical decisions made between children, their parents and their medical physicians.鈥�
In a subsequent statement, Bexar County District Attorney Joe Gonzales said his office would not prosecute those who provide medical care.
"Simply declaring medical care abusive does not make it so. Without abuse or neglect, family members, medical professionals, teachers and other members of the community have no obligation to report child abuse," he said. "As such, our office would not prosecute the family members, medical professionals, teachers and others who provide medical care, unconditional love and emotional support for this vulnerable population."
Harris County Attorney Christian Menefee was also and subsequent order in a statement where he said that as the leader of the office charged with representing the DFPS in civil child abuse cases, he would not take part in 鈥渂ad faith political games.鈥� Menefee also questioned the timing of Paxton鈥檚 opinion, as the incumbent attorney general is currently in a contested primary election where recent polls .
鈥淭here's a political angle here and my office won't participate in those games,鈥� he said Thursday. Menefee added, not only did he disagree with Paxton鈥檚 interpretation of the law, but that it had no legal authority. Menefee likened it to a private citizen calling their attorney to ask for an opinion on a legal matter.
But he said Paxton issuing his interpretation will still have a chilling effect on trans children and their families.
鈥淚t's not binding, but it's going to have a real impact,鈥� said Menefee. 鈥淏ecause now these families are under threat of investigation. Some of them may actually be investigated by DFPS. And in counties that aren't Harris County, some of them may have to go to court. It's a travesty that they're using the law to play political games. I'm just grateful that it's only an opinion, but it will do real damage and real detriment to the families.鈥�
Neither Paxton or Abbott鈥檚 offices responded to a request for comment about the county and district attorneys鈥� statements.
A spokesperson for the Texas Department of Family Protective Services said the agency will follow the law "as explained by the Attorney General opinion" but that as of Monday when Paxton issued his opinion, there were no pending cases on the matter.
Equal rights groups have also blasted Republican lawmakers in what they say is the latest attack on transgender Texans.
The Texas Freedom Network said Paxton is again showing his disregard for children, KUT .
鈥淚n a state where we鈥檝e seen attack after attack on the lives of transgender children, Ken Paxton is once again showing his disregard for children鈥檚 lives,鈥� president Val Benavidez said in a statement, according to KUT. 鈥淚t is abundantly clear that Paxton sees transgender children as nothing more than political pawns. Their safety is certainly not his concern.鈥�
The Texas Freedom Network, an Austin-based advocacy group, said on its it will direct Texans affected by the opinion or any false accusations to reach out to the American Civil Liberties Union of Texas or Lambda Legal for assistance.
鈥淲e are actively monitoring this and working to ensure that transgender youth continue to thrive here in Texas,鈥� the TFN said.
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