Texas, my home state, has been in the headlines a lot lately. Unfortunately, it’s often because we have a Republican governor, Greg Abbott, who has no problem victimizing Texans for his own political gain. This time, he issued a directive to the state Child Protective Services department to investigate parents of transgender kids and possibly try to take away their parental rights if they allow their kids to get gender-affirming health care.
He based this on a bogus legal opinion from our state’s attorney general. He twists, manipulates, and flat out misrepresents Texas law to argue that parents who provide gender-affirming health care to their children are committing child abuse. Make no mistake—that opinion is not binding on any court, and courts should see it for the sham that it is.
My office represents the state in civil child abuse cases in Harris County, the largest county in Texas. I publicly made clear to the governor that my office would never follow this new policy because I refuse to remove a child from a safe and loving home. Parents in Houston and surrounding cities deserve to know they will not be dragged into court for consulting with medical professionals and doing what’s best for their kids. I’m not alone in this fight—district and county attorneys across the state have joined me in refusing to enforce the governor’s directive.
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These families understandably fear state officials coming to their doorstep, intruding into their lives, and investigating their parenting decisions–after all, that was Gov. Abbott’s objective in the first place.
The goal was also to pit Texan against Texan. The governor made clear that anyone who helped support a young person seeking gender-affirming care could find themselves in the state’s crosshairs as well, turning neighbors into vigilante investigators. If this formula sounds familiar, it’s because it is. For the past six months, it’s been nearly impossible to access abortions in Texas because Gov. Abbott signed a law that not only prohibits abortion after about the six-week mark, but also allows anyone (yes, you read that right…anyone) to sue any person who helps someone else get an abortion (doctors, nurses, etc.).
While these reprehensible laws and directives have rightfully been condemned by both Texans and people across the country, they’re not a surprise to us on the ground. Texas has grown more diverse and progressive in its urban centers. As our large counties and cities have started to elect local officials who reflect the great diversity of those areas, state leaders have intentionally targeted cities and counties with leaders who look like me.
For example, despite the toll climate change has taken on our state, the state legislature passed laws making it harder to sue polluters. In the wake of the devastation and flooding that came with Hurricane Harvey, they cut Houston out of federal recovery dollars. Last year as the Delta variant ravaged our country, the governor banned local governments from implementing safety measures that have been shown to slow the spread of COVID-19. And when Harris County expanded people’s access to the ballot box in 2020 during a global pandemic, the state responded by passing draconian voting restrictions that are now causing our most vulnerable populations (our seniors and folks with disabilities) to have their mail ballots rejected across the state at alarming rates.
Local leaders’ hands have been tied. So as the chief civil lawyer for our largest county, I often use the only arrow in my quiver: lawsuits. We’ve sued the governor to allow school officials to keep students safe during the height of the pandemic. We’ve sued the state to kill the voting restrictions laws. We’ve sued to make the state do its job to make sure all communities (even underserved folks) have clean air and water. I’ve done this because the nearly 5 million people who call Harris County home deserve a government that protects them and expands their freedoms, not restricts their rights to push fringe political agendas.
But this time our best defense isn’t going to be legal action—it’s going to be a complete refusal to comply. In most Texas counties, after the state investigates parents for child abuse, the local elected attorney handles the legal fight that ensues to restrict the parents’ rights or seek custody of the child. I have committed to follow the law, not the trumped-up legal opinion issued by Texas’s attorney general.
Even without a single investigation or child abuse lawsuit, the damage has been done to the families of transgender kids. It’s caused parents to second-guess themselves and left them frantically wondering what to do next and how to prepare themselves in the event the state knocks on their door. These families should know that if the state does choose to target them, they will not be alone. Lawyers and advocates across the state will stand ready to protect them in the courts and at the legislature, and will fight for them at the ballot box.
It’s easy to look at these laws and feel heavy-hearted about the way our governor has targeted families. These families are just as Texan as any other resident of this state. But one thing about us Texans is we do not run from a fight. We have some of the strongest advocates and allies who are committed to fighting for every single person in this state no matter how hard the people at the top try to keep us down.
For months, reproductive justice organizations have been organizing trips out of state for people who need access to health care that is no longer available in Texas. Our election workers—despite being under threat of criminal prosecution for simply encouraging seniors to vote by mail—have remained dedicated to ensuring every Texan gets to cast a ballot. And our transgender youth have made their voices heard directly to the state legislature.
So, yes, I pushed back on Gov. Abbott. As have so many other Texans. We’re here to speak truth to power, and we’re reminding Gov. Abbott: Don’t mess with Texas.
