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Texans split on Attorney General letter defining gender-change surgeries as child abuse

A San Antonio mom feels the opinion is a scare-tactic, but a local family organization agrees with the Attorney General's opinion issued Tuesday.

SAN ANTONIO — This week, Governor Greg Abbott supported Attorney General Ken Paxton’s opinion stating transgender youth care is child abuse. Bexar County’s District Attorney disagreed with that opinion.

Some families say this care can be necessary and life-saving, but one local organization disagrees and thinks the treatment can be harmful to children.

One San Antonio mom feels that all children should be treated equal.

“All of our children have a right to basic safety, they have the right to go to school without fear of discrimination,” Annaliese Cothron told KENS 5. Cothron’s child identifies as non-binary.

Its why she’s protested legislation last year that she says affects the lives of thousands of Texans in the LGBTQ community.

“Nobody wants to live in a state where they feel like they’re being attacked, but I want to be really clear here. I deserve to be here, my child deserves to be here,” Cothron said.

Attorney General Ken Paxton’s opinion states gender-affirming procedures and treatments constitute child abuse under state law. Due to this opinion, Governor Greg Abbott is ordering CPS to investigate reports of such procedures.

The San Antonio Family Association—which says its goal is to defend families, agrees with the opinion.

“Transitioning children is unnatural. I think efforts made by adults to push drugs and procedures on children, many of whom haven’t hit puberty yet is harmful,” Dina Cortez, public spokesperson for the family association said.

Cothron and the broader medical community disagree with that statement and says, “gender-affirming care is life-saving.”

In 2021, the American Medical Association stated gender-affirming care is medically necessary, evidence-based care for transgender children and adults.

“When we have leadership who are attacking kids' access to medical care, that’s really unconscionable…Opinions like what the attorney general has put together, threatens [kids’] ability to live safely,” Cothron states.

According to the ACLU of Texas, they say Paxton’s opinion isn’t legally binding, and it remains up to the courts to interpret Texas laws and the Constitution.

The Texas Department of Family and Protective Services tells KENS 5 in a statement they will follow Paxton’s opinion.

"In accordance with Governor Abbott’s directive to Commissioner Masters, we will follow Texas law as explained in Attorney General opinion KP-0401.

At this time, there are no pending investigations of child abuse involving the procedures described in that opinion. If any such allegations are reported to us, they will be investigated under existing policies of Child Protective Investigations.”

But district attorneys across the state including Bexar County DA Joe Gonzales say they won’t prosecute such cases.

DA Gonzales wrote in a statement “we will not threaten to remove your children from your home or interfere in private medical matters for political gain.”

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