Will parents of transgender kids be investigated in Texas? Governor's order sparks fear, uncertainty

Bills banning gender-affirming care for transgender youth have failed to become law in the Texas legislature, but the state’s governor on Tuesday set off a national firestorm by declaring the medical procedures should be investigated as child abuse.

Critics say it's an unprecedented move, even amid a national push by GOP leaders to restrict transgender rights. Legal experts say the order from Texas Gov. Greg Abbott, based on an opinion by Attorney General Ken Paxton, is legally dubious and is likely to face a series of challenges in court.

LGBTQ advocates say Abbott's order is deeply concerning because it ignores both medical science and existing laws surrounding gender-affirming care, escalates the political battle against gender-affirming care for transgender youth, and prompts widespread panic among transgender youth and their parents in Texas.

Abbott’s order has led to concerns that all transgender youths and their parents will face the potential of being investigated. Teachers, for example, could face punishment for not reporting a trans student considered at risk of receiving gender-affirming care, some advocates have said.

And while experts say there are legal hurdles standing in the way of that interpretation, the intimidation trans youth and their parents feel is real.

BACKGROUND: Texas governor orders state agency to treat gender-affirming care as child abuse

Video: President Biden addresses transgender Americans

Will parents of trans children be investigated in Texas?

The impact of the order is unclear because it's based on an attorney general's legal opinion, which does not carry the weight of law.

"In the immediate legal sense, this doesn’t change anything," Chase Strangio, a director for transgender justice at the American Civil Liberties Union told USA TODAY. "... There are laws in place that separately protect parents through any sort of proceeding. So in terms of whether this means that every parent of a trans kid is going to be investigated immediately, no, it doesn’t (mean that)."

While the Texas Department of Family and Protective Services could start investigations based on Abbott's directions, those investigations would have no legal consequences without the sign-off of a judge, who is not bound by Abbott's order.

There are no current cases based on the governor’s directive, according to a Wednesday night statement from the Department of Family and Protective Services. But the department plans to use Paxton's opinion as Abbott has ordered, the statement says.

Strangio said he believes Abbott's order doesn't change the underlying criteria to report or investigate child abuse.

"We’re talking about having to establish reasonable cause to believe that a child is being abused or neglected and that they are in immediate danger," Strangio said.

WATCH: Strangers become stand-in family for LGBTQ couples

WATCH: White House denounces Florida's 'Don't Say Gay' bill as 'harmful'

If Texas courts did agree with Paxton's interpretation of gender-affirming care as child abuse, "then there would be a multitude of challenges to that," Strangio added, pointing to court decisions in other states that determined attempts to restrict access to gender-affirming care was likely unconstitutional.

Abbott's order is a “lawless interpretation” that will frighten trans youth and their parents, Cathryn Oakley, state legislative director and senior counsel for the Human Rights Campaign, told the Associated Press.

Abbott's order stokes fear among trans parents, youth

While the order is aimed at gender-affirming medical procedures and wouldn't directly apply to transgender children who have not started gender-affirming care, some worry any transgender kid in Texas could become a target.

"Greg Abbott basically just told closeted trans children that if they come out, his state government is going to take them away from their affirming parents," tweeted Charlotte Clymer, a former Human Rights Campaign press secretary.

Like many transgender Texans and their families who have taken to social media in recent days to express fear, frustration and confusion with Abbott's order, Landon Richie said he's worried about the potential for immediate consequences.

"Are people going to try and report my family? Are families going to be targeted because of this? Really it’s just a lot of fear and uncertainty," said Richie, age 19, who is a sophomore at the University of Houston and board member for GenderCool, a youth movement raising awareness and fostering acceptance for transgender youth.

"I am angry and I’ve taken that anger to the polls," said Richie, who said he voted early this month, placing a vote against Gov. Abbott in Texas' primary election. "... Really just the bottom line is trans youth shouldn’t have to be debating their rights like this – nobody should have to be dividing their rights like this."

Both Abbott and Paxton are up for reelection this year, and their actions came a week before they are on the ballot for Republican voters in Texas’ first-in-the-nation primary of 2022.

'LIVE IN FEAR': LGBTQ Americans hope push for Equality Act will finally end bias

'YOU ARE SEEN: A record 7.1% of US adults now identify as LGBTQ, new poll shows

Abbott order ignores scientific evidence, experts say

The Texas Pediatric Society, Texas Medical Association and Texas Academy of Family Physicians have opposed recent legislative efforts to limit gender-affirming care.

Health experts told USA TODAY Tuesday's order also ignores scientific evidence supporting gender-affirming care's benefits for transgender youth.

“Everything we know from the research, the medical science, and the child development is that supporting children and adolescents in their transition around gender helps them be healthy. It’s crucial for physical, mental, and behavioral health for young people," said Stephen Russell, a professor of child development at the University of Texas who specializes in LGBTQ youth.

In recent months, two large-scale studies found access to gender-affirming care significantly decreased the risk of depression and suicide among transgender and nonbinary youth.

“The huge problem is, there’s no ... evidence for restricting much less punishing access to care," Russell said. Trans kids in Texas "probably already knew they were in a state where there’s political discourse that questions their worth as a person and this just ramps it up."

Contributing: Chuck Lindell, Associated Press

This article originally appeared on USA TODAY: Abbott transgender order in Texas: Will parents be investigated?