Last month Governor Greg Abbott, backed by an opinion from Texas Attorney General Ken Paxton directed the state to investigate parents of children suspected of undergoing gender-affirming care.
An example may be the minor taking a hormone blocker or other such drug. Paxton's opinion states that such use of drugs or rarely performed surgeries could constitute child abuse under the Texas Family Code.
In a narrow ruling, Travis County District Judge Amy Clark Meachum blocked the Texas Department of Family and Protective Services from investigating a transgender teenager. The broader ruling is still in effect. Meachum will consider issuing a statewide injunction on March 11 that would block all such investigations.
Zeph Capo, president of the teachers union Texas AFT interprets the governor's directive and Texas attorney general Ken Paxton's opinion as meaning teachers should turn those kids parents in. He says teachers are there to teach and support their students. Following this government directive could actually get them in trouble.
"They have a duty to the parent, they have a duty to the kids to maintain their private information, and that includes following HIPPA guidelines, health information, privacy guidelines."
Capo says under Paxton's opinion, teachers would be expected to report the parents of such teens to the state. "We are supposed to be working with our families, not looking for reasons to cause difficulties between parents and schools. Unless his mission is to make things more difficult for both families and educators in public school systems."
The federal government is following the directive. Health and Human Services Secretary Xavier Becerra's agency has taken notice. He says refusing care due to gender identity is against the law and health care workers cannot be forced to disclose such information.
He writes:
"The Texas government’s attacks against transgender youth and those who love and care for them are discriminatory and unconscionable. These actions are clearly dangerous to the health of transgender youth in Texas."
And President Biden himself released a statement.
"This is government overreach at its worst. Like so many anti-transgender attacks proliferating in states across the country, the Governor’s actions callously threaten to harm children and their families just to score political points. These actions are terrifying many families in Texas and beyond. And they must stop."
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