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The attorney general of Texas just issued a legal opinion saying it’s child abuse if parents sign off on their underage kid’s medical procedures to transition genders.

Even allowing the administration of hormones and “puberty-blockers” to assist in transitions of those age 17 and under should be considered abusive by child welfare agencies, according to the formal opinion issued by AG Ken Paxton’s office Monday night.

“Certain procedures done on minors such as castration, fabrication of a ‘penis’ using tissue from other body parts, fabrication of a ‘vagina’ involving the removal of male sex organs, prescription of puberty-suppressors and infertility-inducers, and the like are all ‘abuse’ under section 261.001 of the Texas Family Code,” the opinion said.

Texas Gov. Greg Abbott — who has supported the move — followed up by tweeting that the Texas Department of Family and Protective Services will “enforce this ruling and investigate & refer for prosecution any such abuse.”


  Texas Gov. Greg Abbott (left) tweeted that the Texas Department of Family and Protective Services will enforce Paxton’s ruling. AP Texas Gov. Greg Abbott (left) tweeted that the Texas Department of Family and Protective Services will enforce Paxton’s ruling. AP

  Abbott tweeted that parents could be prosecuted for such “child abuse.”
 Abbott tweeted that parents could be prosecuted for such “child abuse.”

Both Abbott and Paxton are running for re-election. Neither of their offices or campaigns responded to The Post’s requests for comment Tuesday.

The AG’s tenure has been controversial, including over felony securities-fraud allegations against him. He is currently out on bond in the case.

Several whistleblowers in Paxton’s office, including two former deputy attorneys general, also have alleged that he fired them after they accused him of bribery and abuse of office. The accusers have said they took their claims to the FBI, which they indicated is investigating. The FBI has refused to comment.

Paxton has denied any wrongdoing related to any of the allegations.

Ricardo Martinez of Equality Texas, a group that advocates for and works with LGBTQ families, told The Post on Tuesday that he is urging “all Texans to be really aware of this [trans memo] campaign stunt and politicians who have built their careers on publicity stunts and disinformation of the LGBTQ community.”

Martinez says the need for gender-transitioning care is specific to each child and family and often made in concert with pediatricians. He said that although he believes the AG’s edict is just politics, he is still concerned for LGBTQ parents and children.


  Ricardo Martinez, an advocate for transgender rights in Texas, called Paxton’s legal opinion a “campaign stunt.” AP Photo/Eric Gay Ricardo Martinez, an advocate for transgender rights in Texas, called Paxton’s legal opinion a “campaign stunt.” AP Photo/Eric Gay

“I have parents [of trans kids] who have left the state and/or are getting ready to leave the state,” Martinez said.

The Texas Department of Family and Protective Services indicated in a statement Tuesday that it will follow Paxton’s written opinion.

“In accordance with Governor Abbott’s directive today to [DFPS] Commissioner [Jaime] Masters, we will follow Texas law as explained in Attorney General opinion KP-0401,” the agency said.

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

Annaliese Cothrion, who lives in south Texas and has a trans child in elementary school, said she takes solace in believing the opinion isn’t enforceable. 

“Surgery happening to minors … that’s not happening– that’s not standard care,” Cothrion told The Post. “There is a campaign of misinformation because it’s meant to shock and scare people. 

“The care that we provide for our child should remain private. I don’t understand why my child is up for public debate. It definitely shouldn’t be up to the attorney general.”

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