The personal cost

Demonstrators gather on the steps to the State Capitol to speak against transgender-related legislation bills in May 2021

Abbott’s anti-trans directive to DFPS is a political ploy, but it has significant impact on real people

SARA AL-ANSARI | Guest Contributor
salansar@usc.edu

SAN ANTONIO – Iris Johnson, who asked to use a pseudonym to protect her privacy, received a puzzling email from her colleague.

They stated that they would be attending a scheduled meeting due to the recent announcements concerning gender-affirming healthcare in Texas. Johnson, a medical professional in Texas and a mother of a transgender child, had not heard about the news.

So Johnson proceeded to google two words: “Abbott” and “Transgender.”

All the air suddenly left the room, and Johnson’s world came crashing down. Her body grew tense to the point of shaking, and she was barely breathing. She burst into tears as articles about Gov. Greg Abbott’s anti-trans letter appeared on her computer’s screen.

“I was really hurt,” Johnson said. “I was deeply hurt at having my own government come in and turn against me and attack me as a parent and attack my child just for existing.

“After the hurt subsided, all that was left was anger,” she added. “I am very angry, and I am not going to be silent about it. I refuse to be.”

On February 22 this year, Abbott sent a letter to the Department of Family and Protective Services stating that gender-affirming medical procedures provided to transgender youth should be categorized as “child abuse” and demanding that DFPS perform “prompt and thorough” investigations based on Attorney General Ken Paxton’s non-binding opinion declaring that gender-affirming care for transgender children is child abuse under Texas law.

As per Abbott’s letter, all licensed professionals in first-hand contact with children are obligated to report such cases. Reporting requirements are also extended to members of the public, and failure to do so can result in criminal penalties.

One family affected by the directive filed suit, and on March 21, a Texas appeals court affirmed a lower-court judge’s ruling blocking CPS from investigating that family specifically, and a second ruling blocking investigation of all such families in the state.

The Texas Supreme Court has overturned the restraining order blocking such investigations in general, and DFPS has started up those investigations again. The restraining order blocking the investigation into the family that filed suit remains in place.

Abbott’s directive is part of a broad wave of national policies targeting transgender Americans, particularly transgender adolescents. In January this year in Texas, Senate Bill 29 went into effect, forcing transgender student-athletes to participate on sports teams that correspond to their sex assigned at birth. According to NBC News, state lawmakers proposed a record number of 238 anti-LGBTQ bills, with about half aimed at transgender people, in less than three months this year.

San Antonio Mayor Ron Nirenberg has condemned the governor’s anti-trans directive, calling it “cruel and inhumane.” Joe Gonzales, the district attorney of Bexar County, described Abbott’s directives as “un-American.” And former San Antonio Mayor Henry Cisneros joined in to explain that the directive was intended to “rile up the base by saying the most outlandish things.” He insisted that it was a distraction and an order that would not stand.

Over the next couple of days, Johnson reached out to a network of individuals, families and organizations in similar situations to hers. She reached out to Equality Texas, the statewide LGBTQ advocacy organization, to get connected to a network of families in similar situations. She also hopes to be involved in advocating for policy change and accessible healthcare for transgender people.

Her family also left their non-denominational church after they did not affirm her transgender child. Instead, they plan to visit a new local church, Hope United, another non-denominational church that is openly affirming and accepting.

“Part of what I love about religion is the fellowship and community. Being around people who are affirming and supportive of our family is important,” she said “It is what we need right now.”

But Johnson faced another obstacle when her son’s surgery was canceled. After Abbott’s directive, some hospitals announced they would no longer provide gender-affirming treatment to transgender or nonbinary adolescents. Texas Children’s Hospital, the largest pediatric hospital in Texas, announced it would stop such care to protect the staff and patients’ families from “criminal legal ramifications.”

“These attacks are tied to a political moment where politicians are exploiting misinformation about transgender people to gain votes,” said Rachel Hill, the government affairs director for Equality Texas. She stressed that Abbott’s directive is not legally binding, but he “inserted so much confusion into the process.”

Equality Texas is working with lawyers from Lambda Legal to support and share resources with affected families. Legal experts provide advice on how to prepare for a DFPS investigation. They are also collaborating with the Department of Health and Human Services to work with healthcare providers and clarify that they are not legally obligated to discriminate against patients based on their gender identity.

“We are seeing a lot of impact from this decision. We have seen medical providers stop care. We have seen CPS actually open investigations on loving families,” Hill said. “The effects of this are just really profound on the community.”

Nicholas Guillory, a Tyron Garner Memorial Law Fellow at Lambda Legal, said they received many calls from families seeking attorneys and legal advice. “We have heard of instances within 24 hours of CPS getting contacted and investigations pursued. That was the case with one of our clients,” he said.

Guillory explained that the consequences of pursuing investigations against families in Texas could be severe. If a case is referred to the courts, children could be taken away from their families. A 2019 Family Court Review found that mothers who affirmed their child’s nonconforming identity lost physical or legal custody of their children. Many families are also concerned about being on the state’s child abuse registry, which would restrict them from having jobs requiring contact with children or vulnerable populations. It would also forbid them from fostering or adopting children.

Vinny Vega, an unhoused transgender adolescent seeking accommodation at Thrive Youth Center, a San Antonio-based LGBTQ homeless shelter, felt perplexed upon hearing the news as his opportunity to transition could be taken away.

“To have parents that accept, love, support, and take care of me is like the whole world right there for me. [The directive] is not fair; it is not right for all trans youth,” he said.

Vega, 21, grew up without receiving any acknowledgment or support from his biological and foster parents during his transitioning process, leaving him with significant trauma. He expressed his fears about Abbott’s directive and how it may lead trans children to relive his situation, despite coming from “healthier homes.”

“These kids getting taken away from their parents who love, support and take care of them is ripping their world right out from them,” he said. “They are going to get put in foster care, but we do not even have enough room for the kids in foster care in the first place. Kids are sleeping in juvenile, just to have somewhere to sleep, and they did not do anything wrong.”

Texas has faced a housing capacity crisis for children in the foster care system, also known as children without placement. Many facilities — many of which were considered unsafe for children — decided to close or were shut down, resulting in the loss of beds for some of the most vulnerable youth in Texas. In addition, officials struggled to house children in proper facilities, resulting in record numbers of children living and sleeping in motel rooms, churches, CPS offices and out-of-state facilities, which are typically unsafe.

“Last summer, Texas had more than 400 children without placement,3 and that number has been going up and down,” Guillory said.

“Part of the problem is that the child welfare agency is under years of long court orders as they [do not] meet the goals they have been held in contempt of court several times.”

The order made Johnson and her family hesitant to stay in Texas for fear of more anti-trans legislation. She said they will relocate to another state if the situation worsens, and she has already searched for other states and communities that share her political and social beliefs.

Johnson said she wants her family to feel safe in a supportive political climate and for her son to have access to adequate gender-affirming healthcare.

“The turning point will be during the November elections. If the climate stays the same here, and the same people remain in power, we will leave the state,” Johnson said. “We will not stay because my son will not be safe here. My whole family will not be safe here.”