On June 15, the New York Times Magazine published “The Battle Over Gender Therapy,” an investigation into gender-affirming care for young people by staff writer Emily Bazelon. Since its publication, transgender-rights advocates, medical experts, and other journalists have condemned the article for inaccurately portraying such care as controversial, misrepresenting scientific research, and quoting anti-trans activists without proper context.
Now, the state of Texas is using it as evidence in an ongoing attempt to investigate trans-supportive healthcare as “child abuse.”
In February, Attorney General Ken Paxton issued a nonbinding legal opinion that redefined gender-affirming healthcare as “child abuse,” after which Governor Greg Abbott directed the Department of Family and Protective Services to investigate trans youth and their families. Ever since, Texas has been engaged in a protracted legal battle with civil rights groups over the order. In a recent salvo, the ACLU and Lambda Legal filed suit to protect members of PFLAG, a nonprofit for families and allies of LGBTQ+ people. For the moment, the courts have blocked Child Protective Services from investigating families with trans kids as long as they are members of PFLAG. It was in these proceedings that the state used the Times article in a brief on July 6.
