Don't Mess with Texans' Rights: Protecting Transgender Youth from the Paternalistic Policies of State Executives

Authors

Mary FranklinFollow

Abstract

Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the Texas Legislature to prevent further misinterpretation of the Texas Family Code. Specifically, this Article implores the legislature amend the Texas Family Code to provide explicit protections for parental authority over voluntary medical procedures with proven scientific benefits.

Recommended Citation

12 Ind. J. L. & Soc. Equal. 24