Texas AG Warns Austin City Council Over Transgender Treatment Ban

Texas Attorney General Ken Paxton has issued a stern warning to the Austin City Council after they passed a resolution on May 2, 2024, aimed at protecting transgender individuals seeking gender-affirming care. The resolution appears to violate Senate Bill 14 (SB 14), a state law that prohibits certain medical treatments for transgender children.

Why this matters: The controversy surrounding SB 14 and the Austin City Council'sresolution has far-reaching implications for the rights of transgender individuals, particularly minors, and highlights the ongoing debate over state versus local authority in the United States. The outcome of this standoff could set a precedent for other states and localities grappling with similar issues.

The Austin City Council's resolution directs city resources away from enforcing SB 14 and orders the Austin Police Department to make investigations into gender-affirming care their lowest priority. It also states that city money should not be used to investigate transgender individuals or those assisting them in accessing healthcare.

Attorney General Paxton quickly responded, arguing that the resolution is "riddled with problems" and based on the "falsehood" that the prohibited treatments are "evidence-based, medically necessary, and lifesaving." He emphasized that the resolution is merely an "empty political statement" as each clause directing defiance of SB 14 is prefaced with the qualification "except to the extent required by law."

Paxton stressed that Texas municipalities do not have the authority to pick and choose which state laws they will abide by. He stated, "If the City of Austin refuses to follow the law and protect children, my office will fast response to ensure compliance. The people of Texas have spoken, and Austin City Council must listen."

SB 14, which went into effect in September 2023, prohibits physicians and healthcare providers from offering gender-affirming treatments such as puberty blockers, hormone therapy, and transition-related surgeries to transgender individuals under the age of 18. Doctors who provide these treatments risk losing their medical licenses under the law.

Despite the Attorney General's warning, several Austin City Council members remain steadfast in their support for the transgender community. Councilmember José "Chito" Vela, who co-sponsored the pro resolution, stated, "Trans people deserve the right to self-determination. Our state has forced them and their medical providers into hiding and that is wrong. Austin should not be a party to that any more than we legally have to be."

The passage of the Austin City Council's resolution follows recent protests at the Texas Capitol, where LGBTQ+ advocates rallied against the state's ban on gender-affirming care for minors. While the resolution aims to protect transgender individuals, it has drawn sharp criticism from Republicans who view it as an attempt to defy state law. As the battle over transgender rights continues in Texas, the Attorney General's office remains poised totake actionagainst any locality that fails to comply with SB 14.

Key Takeaways

• Texas AG Ken Paxton warns Austin City Council over resolution protecting transgender individuals.
• Austin City Council's resolution defies state law SB 14, banning certain medical treatments for transgender minors.
• Resolution directs city resources away from enforcing SB 14 and prioritizes gender-affirming care investigations.
• Paxton argues resolution is "riddled with problems" and an "empty political statement."
• AG's office threatens to take action against Austin if it fails to comply with SB 14.