Order from Texas Gov. Greg Abbott treats gender-confirming care as child abuse

AUSTIN, Texas — Republican Texas Gov. Greg Abbott has ordered the state's child welfare agency to investigate reports of gender-affirming care for children, a directive that opponents say has been on GOP efforts to restrict transgender rights. The first by any governor.

The immediate effect of the order, which Abbott issued Tuesday, was unclear and a spokesman for the Texas Department of Family and Protective Services said there was no open case based on the governor's directive.

Abbott's letter to state agencies this week came after Republican Attorney General Ken Paxton issued a non-binding legal opinion that labeled some gender-affirming treatments as "child abuse." This goes against the nation's largest medical groups, including the American Medical Association, which have opposed Republican-backed sanctions filed at the statehouse nationwide.

Both Abbott and Paxton are set to be re-elected this year, and their actions come a week before they are on the ballot for Republican voters in Texas' 2022 first-in-the-nation primary.

"I direct your agency to conduct a prompt and thorough investigation of any reported incidents of these abusive processes in the state of Texas," Abbott said in a letter to the Department of Family and Protective Services.

The uncertainty over the effect is largely due to the fact that the attorney general's opinion does not carry the weight of the law. In Houston, the county office that represents the state in civil child abuse cases said it would not take any action based on the letter, and Texas's largest child welfare advocacy group said it was unclear whether the judge and prosecutor What will you do with Rai?

“What is clear is that politicians should not break up loving families – and not send their children into the foster care system – when parents provide the recommended medical care that they believe will help their child. is in the best interest," said Kate Murphy, senior policy associate for child protection at Texan Care for Children.

Paxton's opinion is directed at treatments that include puberty inhibitors and hormone therapy. It comes months after Republican legislators in Texas — who filed more LGBTQ resolutions last year than any other statehouse — proposed legislation banning such treatments but failed to pass them.

Arkansas became the first state to pass a law prohibiting gender confirmation treatment for minors, and Tennessee approved a similar measure.

Several states have also enacted laws prohibiting transgender students from competing in educational sports based on their gender identity.

Katherine Oakley, the state's legislative director and senior counsel for the Human Rights Campaign, said no other governor has taken the same action as Abbott. She called it an "irregular interpretation" and expressed concern for the parents.

"The terror that is being struck in their hearts is very real," Oakley said. "I'm also thinking about the kids who are counting on that care and how scared they are."

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