The actions of Texas Governor Greg Abbott and Attorney General Ken Paxton have set the moms of transgender kids in Texas into action.
In a February 21, 2022, press release, the attorney general declared his opinion that gender-affirming care should be considered child abuse under Texas law. Gender affirmation is when transgender people begin to make changes to their life to match their identity. This could be as small as changes in wardrobe or hairstyle. This can also include hormone therapy and puberty blockers, as well as surgeries to alter physical appearance.
Governor Greg Abbott doubled down on the hateful stance by instructing the Texas Department of Family and Protective Services (DFPS) to investigate instances of children receiving gender-affirming care as instances of child abuse. Now moms of trans kids around Texas are preparing for potential legal battles and a scary road ahead in their efforts to keep their children safe and healthy.
Rachel Gonzales, mom to 11-year-old Libby, said as soon as she heard about the governor's directive, she started getting her ducks in a row. She and her husband explained to Good Morning America that they began updating their "safe folder," a folder containing Libby's medical records, documentation of her care from health care professionals, and statements from family, friends, and Libby herself affirming her gender identity and their role as active, caring parents supporting that journey.
Rachel also fielded calls from the parents of other trans kids throughout Texas who were searching for guidance on what to do and how to prepare.
"It was, 'Do I need to hire an attorney? Do I need to pull my kid out of school? Do I need to set up a training with teachers? What do I need to do to keep my kids safe?'" she explained.
"It was really important to ease those concerns of parents and let them know their rights."
In Austin, Karen Krajcer was overwhelmed trying to get a safe folder together for her 10-year-old transgender daughter for the first time. The need for such documentation is disheartening despite the strides the community has taken in recent years.
"That safe folder, that record of your responsible parenting, is a great metaphor for the emotional burden that all of this is creating," Karen noted.
"Who else has to say, 'I better save my child's dental records so if [child protective services] comes knocking they will see that I've been keeping up with my parental responsibilities'? Who else has to contact friends and family to say that I'm not abusing my child?"
Lisa Stanton of Houston is mom to twin 11-year-olds, one of whom is trans. Her daughter transitioned socially at 5 years old, and the prospect of someone trying to stop or criminalize that is horrifying to their whole family.
"It was almost like someone knocked the wind out of me and I couldn't breathe for a minute," she said of learning of the governor's directive.
"What it feels like is we are being bullied. It's like every day, what else are they going to do to us? You're waiting for a shoe to drop."
The ACLU of Texas is fighting back against the directive, saying it is not legally binding.
"This opinion and letter have no legal effect and cannot change Texas law nor usurp the constitutional rights of Texas families," Brian Klosterboer, an ACLU of Texas staff attorney, said in a statement.
"The law is clear that parents, guardians, and doctors can provide transgender youth with treatment in accordance with prevailing standards of care. 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."
So far, five Texas district attorneys representing some of the most populous counties in the state have also publicly objected to the directive. In a letter to the governor, who many believe is using the trans community as a political pawn in his March 1 primary race, the district attorneys slam the "un-American" idea and assert they "will not irrationally and unjustifiably interfere" with medical decisions.
"Even if these cases have no legal teeth, what would it feel like to be in this constant state of anxiety of having to once again drop everything to create things like safe folders," posed Karen.
"What would that be like to be under this constant threat of false allegations of child abuse and having to prove that you're doing what doctors tell you to do and what your child is begging you to do. I feel like if people really imagined that, they would have to feel just how real these political stunts are."
The science is on their side. Governor Abbott's directive flies in the face of the recommendations made by the American Medical Association, the American Academy of Pediatrics, and the American Psychological Association, all of which classify gender-affirming care as medically necessary.
