Texas attorney general: ‘Illegal’ for mental health providers to ‘transition’ kids in state

Texas Attorney General Ken Paxton (R) on Monday issued a legal opinion that it is illegal for mental health care providers to “transition” children under state law.

In 2023, Texas S.B. 14 went into effect, banning gender-affirming care to treat gender dysphoria in adolescents. The bill barred the use of puberty blockers, hormone therapy and surgeries for adolescents, though surgical treatments for gender dysphoria are almost never performed before adulthood.

This law, according to Paxton’s opinion, also applies to “indoctrination by activists providing mental ‘health care’ designed to confuse children about their gender.”

“Any radical facilitating the ‘transitioning’ of our kids is committing child abuse,” Paxton said in a statement. “The law is clear that these radical procedures are illegal and in no world should Texans’ tax dollars be used to permanently harm children. This opinion should send a clear warning there will be consequences for any medical professional, whether a doctor or a therapist, who is illegally ‘transitioning’ Texas kids.”

The opinion was issued in response to an inquiry by Darrel Spinks, executive director of the Texas Behavioral Health Executive Council.

In his opinion, Paxton argued that “medically transitioning children often starts with mental ‘health care.'” Health care providers could lose their licenses if found to be violating the law.

The law was challenged in court, with the Texas Supreme Court ultimately upholding it as constitutional in 2024. Last year, the U.S. Supreme Court upheld state bans on transgender care for youth, hearing arguments about the ban in Tennessee.

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