It is believed that the Texas state government has been trying to label gender-positive health care in the same way as abuse of children.
Attorney General Paxton released a non-binding legal opinion in February, which claimed that sexually affirming medical care constitutes child abuse. Governor Abbott confirmed that decision this month , directing to the Texas Child Welfare Agency to probe parents who are providing the same type of healthcare for their children. Texas Children’s Hospital has stopped offering hormone therapy for transgender children due to the governor’s decision.
The ACLU as well as Lambda Legal filed a lawsuit on behalf of several family members. Federal District Judge Amy Clark Meachum handed down an injunction that stops the state from conducting investigations into families that have transgender children, until the case is resolved in July. Paxton has filed an appeal of the order before the Third Circuit, but the Appellate Court has already dismissed the appeal.
What has Texas Model on their theories about child abuse?
Paxton’s non-binding decision is based on two concepts. One, the definition for child abuse is broad however, it is inclusive of “criminal actions” which may involve psychological or physical harm to children and could involve physical harm, for example “female Genital Mutilation.” Additionally, the right to reproduce and/or rights from forced sterilization are rights guaranteed by the Constitution and can’t be renounced even with parent consent. Texas law protects parents’ right to give consent to a medical treatment for their child. But, it does not provide a legal right to avoid unnecessary medical procedures or an entitlement to accept unconstitutional procedure. Consent from the law cannot be provided to an forced sterilization. In the case of Paxton concerns, any attempt to “change” the gender of a child and procedures that hinder or stop children’s puberty is an example of forced sterilization.
The necessity of transgender procedures
The most important issue that divides Texas and parents of children who are transgender is whether or not the methods used for changing sex are medically needed. Paxton’s position “does do not cover medically needed procedures” like testicular cancer. Paxton clearly affirms that the procedures used that “change” the gender of children aren’t medically required.
The American Medical Association has taken the view that “Gender-affirming healthcare is medically required and evidence-based treatment that enhances the mental and physical health of gender-diverse and transgender people.” These methods do not alter gender, however it “affirms” that their physical gender is in line with his or his mental health.
The battle is not likely to close soon because two parties are locked into their respective positions. The state either protects children from parents and doctors abusing them, or the state is pursuing an underrepresented group who don’t possess the resources to defend itself. In addition, transgender individuals have the ability to reproduce. Therefore, the idea that gender-affirming health care can be a method of sterilization is utterly false.
There are number of things that may make it easier for children. This issue must be handled on a situation on a case-by-case basis. Children may suffer from a psychological problem that needs to be dealt with via their methods when they grow up. Others may have the financial means to put off until they’re more mature to take their own decision. It is best to make this decision according to the individual needs of every child and not by an unchanging, rigid idea.
It is also unclear the specifics of the nature of Paxton intends to do about parents that he accuses of child abuse. For sure, child abuse is a serious charge that is likely to carry serious consequences. It is, however, counterintuitive to send parents to jail or take the child from their care when the situation is this. Transgender parents might be sincerely convinced that, or have been sincerely advised by their counsellors, that affirmation of gender or procedures to change gender is the sole solution for their child’s psychological and social problems. It is unfair to penalize parents who are determined to assist their child.
In the end, it is a little broad to think that every gender affirmation methods could harm children. The surgery on the genitals is extremely risky for children. However, the use of certain medicines or even counselling may not be. It’s better to consult with medical professionals on this issue, instead of solely relying on lawyers to figure out what medical procedure is necessary can be or what procedures can harm children.
Do I need a lawyer to resolve my Family Law Issue?
If you’ve had to deal with any issues in relation to family law it is recommended that you contact an attorney today. A competent family lawyer can assist you with your concerns, offer assistance with your case and advocate for your best interests before the courts.