Texas Attorney General Ken Paxton's Investigation Into Transgender Health Care Raises Jurisdictional Questions
ICARO Media Group
In a recent development, Texas Attorney General Ken Paxton has come under scrutiny for requesting records from Seattle Children's Hospital related to gender-affirming treatment potentially given to children from Texas. The court filings suggest that Paxton, a staunch conservative, is extending his reach beyond state borders to investigate transgender health care.
Seattle Children's Hospital has responded by filing a lawsuit in Austin, Texas, seeking to invalidate or narrow Paxton's requests. They argue that his office is overstepping its jurisdiction and lacks authority to demand these records. The hospital further claims that the demands constitute an unconstitutional attempt to interfere with potential interstate commerce and travel for Texas residents seeking treatment in another state.
Texas is one of more than 20 states that have enacted laws restricting or banning gender-affirming medical care for transgender minors. However, as of now, there has been no decision made by the court regarding Seattle Children's Hospital's lawsuit.
The letter from Paxton's office, included in the lawsuit, asks the hospital to produce records identifying medication given to Texas children, the number of Texas children who received treatment, and documents outlining the "standard protocol or guidance" used for treatment. The Seattle hospital, citing a law signed by Democratic Governor Jay Inslee earlier this year, argues that they cannot comply with the letter as it aims to protect minors seeking gender-affirming care in Washington.
Paxton's office has yet to respond to requests for comment. Similarly, lawyers and spokespersons for Seattle Children's Hospital have not provided any statements.
This investigation raises concerns as it comes on the heels of other efforts by Paxton's office earlier this year. In May, Paxton sought information from Dell Children's Hospital in Texas regarding their policies on puberty blockers and the identification of patients referred for treatment or counseling. The attorney general's office claimed that the investigation was aimed at determining whether any state laws were violated or if there were misrepresentations made to parents and patients.
It is noteworthy that these efforts began before Texas enacted restrictions on transgender health care for minors. The law signed by Republican Governor Greg Abbott prohibits transgender minors from accessing hormone therapies, puberty blockers, and transition surgeries. Even though medical experts state that surgical procedures on children are rare, the law requires those who have already begun these treatments to be weaned off in a "medically appropriate" manner.
As the legal battle ensues, this case highlights the ongoing debate surrounding transgender rights and access to necessary medical care for minors.