San Antonio/ Politics & Govt
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Published on May 04, 2024
Texas AG Ken Paxton Warns Austin City Council Against Defying State Ban on Gender Transition Treatments for MinorsSource: Wikipedia/WhisperToMe, Public domain, via Wikimedia Commons

Texas Attorney General Ken Paxton is standing firm against Austin City Council's recent move that seems poised to challenge state law. The council passed a resolution instructing city employees not to comply with the state's ban on gender transition treatments for minors. Paxton was quick to respond, bringing to light the state's stance and readiness to enforce its laws.

Paxton's statement on Thursday highlights his view that the resolution is an empty political statement because it paradoxically directs managers to defy state law while the same clauses contain language about following it "except to the extent required by law." The point by the Attorney General is seen as a direct call-out on the Council's contradictory stance. According to Paxton's statement provided by the Texas Attorney General's Office, the resolution starts with the falsehood that such prohibited treatments have 'proven to be evidence-based, medically necessary, and lifesaving.'

Paxton, in his statement, refutes the notion that puberty blockers, cross-sex hormones, and invasive surgeries are safe for children and reminds Austin officials that the state already reached its conclusion. The state's position is that the treatments are dangerous, hence the enactment of SB 14, that prohibits such practices for minors. 

With the clash intensifying between state and local governments, Paxton's office is not taking the matter lightly. The AG stands ready to act against any physician, health care provider, or locality that fails to adhere to Texas regulations. The confrontation hinges on a deeply divisive issue that Texas is approaching with stern legislation and which Austin's city leaders seem determined to challenge. The state's top attorney is clear—municipalities do not have the authority to choose which laws to follow and which to ignore.

The wrangling in Texas is part of a larger national debate over transgender rights and how to balance them with legislative authority. In Austin, this push-back comes with full knowledge of the potential legal battles ahead. Paxton's promise to enforce the Health and Safety Code § 161.702 against any violators underlines the seriousness with which his office is treating the matter and signals a potentially lengthy and heated legal standoff.