Gov. Greg Abbott, left, and Attorney General Ken Paxton

As we noted here on Monday, Feb. 21. Texas Attorney General Ken Paxton that day released an opinion declaring gender-affirming medical care for transgender children to be child abuse. Not to be outdone, Gov. Greg Abbott on Tuesday, Feb. 22, directed the Texas Department of Family and Protective Services to investigate these practices.

The ACLU of Texas today (Wednesday, Feb. 23z) released a statement today reminding everyone that Paxton’s opinion is not legally binding, and that “it remains up to the courts to interpret Texas laws and the Constitution. Moreover, DFPS cannot remove any child from their parents or guardians without a court order.

“No court here in Texas or anywhere in the country has ever found that gender-affirming care can be considered child abuse,” the ACLU statement continues. “The opinion released by Paxton cites highly partisan, outdated and inaccurate information that ignores the consensus of every major medical association and the evidence-based and peer-reviewed standards of care.”

Adri Pérez, policy and advocacy strategist with ACLU of Texas, said, “Gender-affirming care saved my life. Trans kids today deserve the same opportunity by receiving the highest standard of care, rooted in decades of scientific research. No partisan political attack can change that.

“Our state’s leaders need to focus on helping our youth and all people in our state instead of falsely attacking parents and doctors who are lovingly advocating for their children with the medically necessary care,” Perez continued. “We will never stop fighting to protect trans kids and their families in Texas.”

Brian Klosterboer, a staff attorney with ACLU of Texas, added, “​​[Paxton’s] opinion and [Abbott’s] letter have no legal effect and cannot change Texas law nor usurp the constitutional rights of Texas families. But they spread fear and misinformation and could spur false reporting of child abuse at a time when DFPS is already facing a crisis in our state’s foster care system.”

“The law is clear that parents, guardians, and doctors can provide transgender youth with treatment in accordance with prevailing standards of care,” he said. “Any parent or guardian who loves and supports their child and is taking them to a licensed healthcare provider is not engaging in child abuse.”

These continuing threats against trans youth in Texas are “part of a politically motivated misinformation campaign that harms children,” the ACLU statement declared. Both Paxton and Abbott are in the middle of contested GOP Primary races to hold onto their offices.

Abbott has seven primary opponents, including two that are considered viable candidates: former Florida state legislator and former Texas GOP Chair Allen B. West, and North Texas real estate developer Don Huffines, who served one term in the Texas Senate, from 2015-2019.

Paxton — who is already under federal indictment on securities fraud charges and is currently being investigated by the FBI on accusations lodged by his own former top aides in the Office of the Attorney General of abuse of office, tampering with official documents and more — has only three primary opponents who are all viable candidates with significant name recognition. Those opponents are Texas Land Commissioner George P. Bush (grandson of former President George H.W. Bush and nephew of former Texas governor and former President George W. Bush; Texas Congressman Louie B. Gohmert Jr., and former Texas Supreme Court Justice Eva Guzman.

— Tammye Nash