In a legal action, Texas initiates a lawsuit against a medical professional, alleging breaches of the restrictions imposed on gender-affirming medical treatments.
Republican Attorney General Ken Paxton of Texas filed a lawsuit on Thursday, asserting that Dr. May Lau, a local physician, administered hormones to more than 20 minors in defiance of a Texas ban that went into effect last year. This marks the first time Texas has attempted to enforce such a law, noted Harper Seldin, a staff attorney for the ACLU's LGBTQ & HIV Project. Seldin also mentioned that he was unaware of any other states enforcing similar bans.
The lawsuit, filed in Collin County, states that Texas law prohibits transgender individuals under 18 from gaining access to hormone therapies, puberty blockers, and surgical transitions, although surgical procedures on children are seldom conducted.
Seldin clarified that while he couldn't comment on the specifics of this case, he considered the lawsuit the "anticipated and chilling consequence" of the law, which his organization attempted to challenge. He further stated, "Doctors should not be subjected to government scrutiny for making medical decisions based on their best judgment, and politicians like Ken Paxton should not interfere between families and their doctors."
Lau is an associate professor in the pediatrics department at UT Southwestern Medical Center in Dallas, as per her profile on the UT Southwestern website. According to the lawsuit, she holds hospital privileges at two Children's Health hospitals in the area.
The lawsuit accuses Lau of fabricating medical records and prescriptions to present her testosterone prescriptions as being intended for purposes other than transitioning a child's biological sex or confirming a child's belief that their gender identity did not align with their biological sex.
Paxton is seeking an injunction against Lau and a fine of up to $10,000 per violation. However, neither Lau nor UT Southwestern responded to requests for comment on Thursday. Children's Health issued a statement stating that it "follows and adheres to all state healthcare laws."
At least 26 states have implemented laws limiting or banning gender-affirming medical care for transgender minors. Many of these states are currently facing lawsuits. Federal judges have declared the bans in Arkansas and Florida unconstitutional, although the Florida ruling has been stayed by a federal appeals court. A temporary injunction is in place to block the enforcement of the ban in Montana, while New Hampshire restrictions will take effect in January.
The lawsuit was initiated only a few weeks before an election in which Republicans have employed support for gender-affirming health care as a means of criticizing their opponents. Republican Senator Ted Cruz has continually attacked his Democratic challenger, US Representative Colin Allred, over his stance on transgender rights.
Republican Governor Greg Abbott of Texas was the first to order investigations into families of transgender minors who received gender-affirming care.
In response to the lawsuit, Lau's supporters argued that the actions taken against her could have a chilling effect on healthcare providers, making them hesitant to provide necessary care to transgender minors. Moreover, the ongoing legal battles over these bans in various states have created an atmosphere of uncertainty and fear among healthcare providers and families seeking gender-affirming care.
