Texas Investigating Transgender Kids' Parents for Child Abuse in Providing Gender-Affirming Care
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Getty People holding transgender flags
One week after Texas Gov. Greg Abbott sent a letter directing the state's Department of Family and Protective Services (DFPS) to "conduct a prompt and thorough investigation of any reported instances" of gender reassignment surgery in minors — which he called "abusive" — the state has officially begun such investigations, according to a new lawsuit.
In the suit, filed Tuesday, the parents of minor "Mary Doe," "John Doe" and "Jane Doe," sued Abbott and Texas DFPS Commissioner Jaime Masters, accusing them of having "trampled on the Constitutional rights of transgender children, their parents and professionals who provide vital care to transgender children."
The plaintiffs filed against Abbott, 64, and Masters "for Temporary Restraining Order, Temporary Injunction, Permanent Injunction and Request for Declaratory Relief," according to the complaint. (Reps for Abbott's office did not immediately respond to PEOPLE's request for comment.)
"The Defendants have, without Constitutional or statutory authority, acted to create a new definition of 'child abuse' that singles out a subset of loving parents for scrutiny, investigation and potential family separation," the complaint states. "Their actions caused terror and anxiety among transgender youth and their families across the Lone Star State and singled out transgender youth and their families for discrimination and harassment."
"What is more, the Governor's, Attorney General's, and Commissioner's actions threaten to endanger the health and wellbeing of transgender youth in Texas by depriving them of medically necessary care, while communicating that transgender people and their families are not welcome in Texas," it continues.
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Lynda M. Gonzalez-Pool/Getty Texas Gov. Greg Abbott
"Jane Doe," who works for the DFPS, was placed on administrative leave last week and investigated Friday regarding "Mary," the 16-year-old child whom she shares with "John."
"Plaintiff Mary Doe is transgender, has been diagnosed with gender dysphoria, a serious medical condition, and is currently receiving medically necessary care for the treatment of her gender dysphoria," the complaint says.
The family "refused" to turn over "Mary"'s medical records when a DFPS investigator came to their home on Friday, per the complaint.
"Mary has been traumatized by the prospect that she could be separated from her parents and could lose access to the medical treatment that has enabled her to thrive," the complaint states. "The stress has taken a noticeable toll on her, and our daughter who is typically joyful and happy, is now moodier, stressed and overwhelmed. Similarly, John and I are now filled anxiety and worry."
"I have been unable to sleep, worrying about what we can do and how we can keep our family intact and our daughter safe and healthy," continues "Jane" in the suit. "We are living in constant fear about what will happen to our family due to the actions by DFPS, the Governor and the Attorney General."
In the letter, dated Feb. 22, Abbott wrote, "It is already against the law to subject Texas children to a wide variety of elective procedures for gender transitioning, including reassignment surgeries that can cause sterilization, mastectomies, removals of otherwise healthy body parts, and administration of puberty-blocking drugs or supraphysiologic doses of testosterone or estrogen."
"Texas law imposes reporting requirements upon all licensed professionals who have direct contact with children who may be subject to such abuse, including doctors, nurses, and teachers, and provides criminal penalties for failure to report such child abuse," he continued.
Getty Woman covered with transgender flag at protest
"There are similar reporting requirements and criminal penalties for members of the general public," Abbott added in the letter.
Trans and human rights groups decried Abbott's stance, saying that it will spread fear and misinformation.
"No court here in Texas or anywhere in the country has ever found that gender-affirming care can be considered child abuse," the American Civil Liberties Union of Texas said in a statement. "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. Trans youth continue to be threatened in Texas by state leadership as part of a politically motivated misinformation campaign that harms children."
Major medical organizations including the American Academy of Pediatrics, the American Medical Association and the American Psychological Association have said that gender-affirming medical care is medically necessary for transgender kids.
The White House condemned Abbott's instructions in a statement to the Dallas Morning News on Feb. 23.
"Conservative officials in Texas and other states across the country should stop inserting themselves into health care decisions that create needless tension between pediatricians and their patients," Karine Jean-Pierre, the deputy principal press secretary for the White House, told the outlet. "No parent should face the agony of a politician standing in the way of accessing life-saving care for their child."
