Gov. Greg Abbott signed into law Friday a bill that bars transgender kids from getting puberty blockers and hormone therapies, though the new law could face legal challenges before it takes effect on Sept. 1.
Senate Bill 14’s passage brings to the finish line a legislative priority for the Republican Party of Texas, which opposes any efforts to validate transgender identities. Trans kids, their parents and LGBTQ advocacy groups fiercely oppose the law, and some have vowed to stop it from going into effect.
Texas — home to one of the largest trans communities in the U.S. — is now one of 18 states that restrict transition-related care for trans minors.
“Cruelty has always been the point,” said Emmett Schelling, executive director of the Transgender Education Network of Texas. “It’s not shocking that this governor would sign SB14 right at the beginning of Pride [Month]; however this will not stop trans people from continuing to exist with authenticity — as we always have.”
Authored by New Braunfels Republican state Sen. Donna Campbell, the law bars trans kids from getting puberty blockers and hormone therapies, treatments many medical groups support. Children already receiving these treatments will have to be “weaned off” in a “medically appropriate” manner. The law also bans transition-related surgeries for kids, though those are rarely performed on minors.
Those who support the law claim that health care providers have capitalized on a “social contagion” to misguide parents and push life-altering treatments on kids who may later regret their decisions. SB 14’s supporters have also disputed the science and research behind transition-related care.
“Children in Texas are officially protected from harmful, experimental medical and surgical treatments for gender dysphoria,” Rep. Tom Oliverson, R-Cypress, the author of SB 14’s companion bill in the House, said in a statement on Twitter. Oliverson said the bill was written anticipating court challenges and he maintained confidence the law would not be overturned.
While the lawsuits are tailored to each state, Sasha Buchert, a senior attorney at Lambda Legal and the director of its Non-Binary and Transgender Rights Project, told the Texas Tribune last month that a major common challenge to the laws hinges on the 14th Amendment’s Equal Protection Clause and the argument that these laws are stopping trans kids from accessing the same medical treatments that are still available to their cisgender peers.
Buchert added that the lawsuits’ immediate goal is generally to get a preliminary injunction to stop these laws from taking effect, a tactic that has seen some success.
“It’s one thing to see some of the things that state legislators do, but it’s a completely different thing when you’re under the white-hot spotlight of judicial scrutiny,” she said.
And prior to SB 14, the ACLU and Lambda Legal successfully sued Texas last year to halt state-ordered child abuse investigations of parents who provide their trans kids with access to transition-related care. Impeached attorney general Ken Paxton later appealed the decision in March, but the 3rd Court of Appeals has yet to issue a ruling on it.
“It’s a privilege to be able to fight,” Buchert said about the ongoing court challenges that Lambda Legal is involved in.
Disclosure: The ACLU of Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
Source: Texas Tribune BY ALEX NGUYEN AND WILLIAM MELHADO
Photo: People line the railing on all three levels of the outdoor rotunda of the state Capitol in Austin, and wave signs during a “Fight for Our Lives” rally in opposition of anti-LGBTQ bills on March 27. Credit: Evan L’Roy/The Texas Tribune
