Seattle Children's Hospital has filed a lawsuit against Texas Attorney General Ken Paxton over his invasive and potentially unlawful request for patient information regarding gender-affirming care provided to Texas residents. The hospital aims to have a subpoena issued by Paxton in November dismissed by the Travis County District Court.

Paxton's subpoena demanded unredacted access to information on Texan children who received treatment at Seattle Children's Hospital, including their medication, diagnoses, lab and test results. Additionally, the subpoena asked for details on the hospital's treatment protocols for children diagnosed with gender identity disorder, gender dysphoria, or related conditions, as well as protocols for transitioning and reassignment treatment discontinuation as required by Texas law.

The timing of Paxton's request is significant, as in June, Texas Governor Greg Abbott signed a controversial ban on gender-affirming care for minors within the state. The ban was allowed to take effect in September by the state Supreme Court.

Paxton argued that if Seattle Children's Hospital treats patients from Texas, it may violate the state's Deceptive Trade Practices Act. If successful, Paxton's subpoena would be seen as a victory for Republican politicians aiming to restrict travel of patients seeking out-of-state reproductive health and gender identity-related care.

Seattle Children's Hospital, in its lawsuit, points out that Paxton's demands do not constitute a genuine investigation into violations of the state's deceptive trade practices law and, therefore, are an abuse of his authority. The hospital stresses that complying with the subpoena would not only violate HIPAA and Washington privacy laws but also Washington's shield law, which protects entities from complying with orders related to reproductive and gender-affirming care lawful in Washington.

This is not the first time Paxton has sought data on transgender and gender-nonconforming individuals. In the past year, his office attempted to obtain data from the Texas Department of Public Safety on state residents who had changed their gender on driver's licenses or other government records, but the department cited inability to accurately produce the requested data.

Seattle Children's Hospital's legal challenge against Paxton's demands highlights the ongoing battle over access to gender-affirming care and the clash between state laws that restrict such care and the laws in states accommodating those seeking such treatments. The outcome of this lawsuit could have significant implications in the ongoing struggle for patient rights and access to medical care across state lines.