On Tuesday, many families in Texas who affirm and support their transgender youth were made fearful of sending their children to school by Texas Attorney General Ken Paxton and Governor Greg Abbott’s announcement that affirming a transgender young person’s gender identity could be considered “child abuse” under Texas law. This directive has prompted many families to create safe folders to protect their families from accusations of child abuse and to even consider leaving the state of Texas.
While this opinion is non-binding, Governor Abbott also issued a directive to the commissioner of the Texas Department of Family and Protective Services (DFPS) to launch investigations into any instances of what he refers to as “these abusive procedures.” Under threat of criminal prosecution, he called on any licensed professionals—including teachers—to report families who affirm their transgender children for potential investigation.
It’s our job to protect our most marginalized students
Weaponizing teachers against their transgender students and supportive families is the opposite of creating safe schools for all students. This is especially true as it concerns students with marginalized identities. Many Texas educators feel confused and conflicted. They know their professional obligation is for the safety and well-being of their students first. But this directive seemingly asks them to do the opposite.
We aren’t legally compelled to out students or families
Lambda Legal has released a guide with important clarifications: Attorney General Paxton’s Opinion and Governor Abbott’s Letter are not legally binding. Texas law protects families from false reports of child abuse. The Family Educational Rights and Privacy Act (FERPA) protects transgender young people’s privacy in schools.
“No court here in Texas or anywhere in the country has ever found that medically necessary gender-affirming care can be considered child abuse.”
The Texas State Teachers Association and NEA also issued a joint statement that Texas Governor Greg Abbott’s ill-conceived and harmful directive is an affront to the dignity and respect due to both transgender children and the people who care for and about them.
What is gender-affirming care?
