Biden administration rips Abbott order on transgender care, vows to take action if needed

The Biden administration criticized Gov. Greg Abbott's order equating gender-affirming medical care with child abuse as discriminatory and dangerous — and encouraged any Texan investigated for such action to file a civil rights complaint with the federal government.

In response to Abbott's directive, the U.S. Department of Health and Human Services issued guidance telling all 50 states that it is illegal to deny health care based on gender identity and to restrict how doctors provide care because of a patient’s gender identity.

"The Texas government’s attacks against transgender youth and those who love and care for them are discriminatory and unconscionable," agency Secretary Xavier Becerra said Wednesday night in releasing the guidance.

More: Travis County judge blocks child abuse investigation of family for providing gender-affirming care

"HHS will take immediate action if needed," he added. "I know that many youth and their supportive families are feeling scared and isolated because of these attacks. HHS is closely monitoring the situation in Texas and will use every tool at our disposal to keep Texans safe."

Becerra also announced several steps that his agency is taking to counter Abbott's Feb. 22 order that directed the Texas Department of Family and Protective Services to launch child abuse investigations over reports of minors receiving puberty blockers, hormone therapy and other gender-affirming care.

Those steps included:

• Distributing guidance directing all state child welfare agencies to protect and support LGBTQ youth, including by ensuring access to gender-affirming care.

• Distributing guidance on patient privacy to clarify that, "despite the Texas government’s threat, health care providers are not required to disclose private patient information related to gender-affirming care."

• Making additional resources available to help Texas families and health care providers targeted for investigation under Abbott's order.

Becerra said those denied access to gender-affirming health care can file a complaint with his agency's Office for Civil Rights.

A separate statement by the Office for Civil Rights said gender-affirming care improves the physical and mental health of minors.

"As a law enforcement agency, OCR is investigating and, where appropriate, enforcing Section 1557 of the Affordable Care Act in cases involving discrimination on the basis of sexual orientation and gender identity," the office said.

Abbott and those who support his directive, particularly religious conservatives in Texas, argue that children must be protected from life-altering decisions that are best made as adults.

Texas doctors who treat transgender youths, however, say care that produces permanent changes such as hormone therapy is typically first discussed around age 16, with surgery made available after age 18. Puberty blockers, prescribed to delay body changes to allow time to decide whether more permanent changes are appropriate, are reversible and offered to younger minors, the doctors say.

Abbott's office did not respond to a request for comment Thursday. Officials with the Texas Department of Family and Protective Services also did not respond to questions about the federal guidance.

This article originally appeared on Austin American-Statesman: Biden administration rips Abbott order on transgender care