The basis of the ACLU's suit is that it violates the Texas constitution's promise of parental autonomy. The argument is that sex changes are medically necessary for children and teens with gender dysphoria, and that parents should not be prevented from making decisions about medical services to treat that condition.
The medical treatment of gender dysphoria for minors, however, is not settled science. The Worth Professional Association for Trangender Health advocates for its medical necessity, claiming that there should be no age limits on medical sex change services. They also declare that "eunuch" is a gender identity that children can identify with.
Many doctors across Europe and in the US state that the best course of action to treat children and teens with gender confusion or dysphoria is to wait and see and not make any permanent, life-long changes before the child is of age to consent.
The Texas bill prohibits coverage by state medical insurance for child sex changes, including those that "are intended to transition a child's biological sex as determined by the child's sex organs, chromosomes, and endogenous profiles."
The bill reads that a physician or health care provider cannot "knowingly perform a surgery that sterilizes the child," or provide drugs "that induce transient or permanent infertility."
The bill is set to go into effect September 1, but the ACLU is hoping for a repeat win of their efforts to overturn the laws in Florida on similar grounds. They have brought suit along with five families in the state. The families are not named in the suit, but their children range in age from 9-16.
"This law would ban necessary and life-saving medical care for Texas’ transgender youth," the ACLU says, "cut off access to care for adolescent minors already receiving treatment, and require the state to revoke the medical licenses of physicians providing the best standard of care to their trans patients."
The ACLU has been winning their fight to force states to allow sex changes for children. They've had wins in Florida, Arkansas, Alabama, Oklahoma, Utah and Tennessee, and they are fighting laws in Idaho and Montana as well.
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