Targeting of trans youth is neither lawful nor just

Recently, Gov. Greg Abbott and Attorney General Ken Paxton issued nonbinding directives and opinions targeting transgender youth and their families. It is important to understand there are laws in place to protect our citizens from state leaders who use state resources and state agencies to persecute specific groups of people.

I feel it is incumbent upon me to correct some of the misconceptions raised by Abbott and Paxton.

First and foremost, there is no such thing as medically sanctioned gender mutilation for minors. It is an unfortunate falsity, not to mention a reckless statement, from an elected government official.

In addition, medically sanctioned gender reassignment surgeries involving minors are exceedingly rare; statements to the contrary are nothing more than a distraction from the real issues facing our criminal justice and child welfare systems.

On the topic of gender affirming medical care, I encourage you to look to the leading national medical organizations for guidance. I rely heavily on the Pediatric Endocrine Society, the American Academy of Pediatrics and the American Psychological

Association. These organizations voice overwhelming support for expression of gender identity and have reiterated the need for gender-affirming care.

Medical professionals, not politicians, should be trusted to provide the best medical care for Texans, and that includes transgender youth.

On the topic of removing a child from the parent’s custody, the governor and attorney general have not changed the law. The attorney general’s opinion glaringly omits any reference to evidentiary rules under current law, which require evidence from medical professionals to establish medical child abuse.

As it relates to criminal prosecution for child abuse or failure to report child abuse, the governor and attorney general have not changed the law. My office is bound to prove our cases under the law as it was passed by the Legislature. The opinions of the governor and attorney general have no impact on that.

Texas law states that it “shall be the primary duty of all prosecuting attorneys … not to convict, but to see that justice is done.”

There is no justice in prosecuting or removing a child from a loving parent who follows a doctor’s advice when consenting to medical care for a minor. There is no justice in prosecuting a medical professional who follows accepted medical standards to provide lifesaving care for transgender youth. There is no justice in prosecuting doctors, nurses, teachers or members of the public who do not report knowledge of such care.

Instead of focusing on transgender youth, state leaders should turn their attention to the real issues plaguing the child welfare and criminal justice systems. Child Protective Services caseworkers should be applauded and supported for their efforts to keep children safe; resources should be allocated to reduce the high levels of burnout and turnover.

My primary focus is public safety, and my office, prosecutors and staff focus efforts on gun violence, domestic violence and protecting our community. We will not be distracted by partisan games.

As the elected district attorney, I expect detractors and naysayers. We can continue to have spirited policy debates. However, this negative attention should not be directed at our children.

I encourage elected officials to show compassion for all Texas children, including transgender youth.

I will also continue to act as a safeguard for our citizens when there is a government overreach, as justice is not served by simply achieving a desired outcome. Until then, I will continue to see that justice is done and the rule of law is upheld.

Christopher Lee / New York Times Demonstrators protest a state policy that sees gender-affirming treatments for transgender youth as child abuse. The opinions of the governor and attorney general, however, are not law.