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AG Ken Paxton sues third doctor for allegedly providing gender-affirming care to minors

Texas Attorney General Ken Paxton seen from the shoulders up. He's speaking in front of a Texas flag
Jorge Sanhueza-Lyon
/
KUT News
The state Senate will meet next week to set the rules for Ken Paxton's impeachment trial

Attorney General Ken Paxton is suing a third doctor for allegedly prescribing hormone treatment to minors in violation of the state’s ban on gender-affirming care.

Paxton accuses Dr. M. Brett Cooper, an associate professor of pediatrics at UT Southwestern Medical Center who also practiced at Children's Medical Center Dallas, of prescribing various levels of testosterone cypionate to 15 patients between the ages of 14 and 17. Most patients listed in the lawsuit were between 16 and 17 years old.

In the 34-page lawsuit filed in Collin County, Paxton calls Cooper a “scofflaw” and “radical gender activist” — a reprisal of similar labels he used in his first two lawsuits against Dr. May Lau of UT Southwestern and Dr. Hector Granados of El Paso.

Paxton has said the state “is cracking down” on doctors who provide treatment to children experiencing gender dysphoria despite the state’s ban, which took effect Sept. 1, 2023. The law calls for the Texas Medical License to revoke the medical licenses of physicians who violate it.

Paxton said Cooper has prescribed hormone treatment to patients as recently as Sept. 25, and that patients filled prescriptions as recently as Oct. 8.

“Despite the enactment of the law, Cooper continues to prescribe and distribute cross-sex hormones to his minor patients for the purposes of transitioning their biological sex or affirming their belief that their gender identity or sex is consistent with their biological sex,” he wrote in the suit.

Paxton also accuses Cooper of misrepresenting diagnoses and billing codes through diagnoses such as “precocious puberty” or “endocrine disorder” to treat patients for gender dysphoria.

A Children's Health representative told KERA the hospital system prioritizes patient health and well-being.

"Children's Health follows and adheres to all state health care laws," the statement read.

Representatives with UT Southwestern did not immediately return an email request for comment Friday.

Emails to both Cooper and Lau received out-of-office messages within a day of their respective lawsuits.

The Texas Supreme Court in June upheld Senate Bill 14 after medical providers, associations and families of transgender Texans sued to block the law from going into effect. The court reversed a lower court ruling that sided with the families.

Among the organizations involved included the American Civil Liberties Union of Texas, PFLAG, ACLU and GLMA: Health Professionals Advancing LGBTQ Equality and PFLAG, Inc.

Alex Sheldon, GLMA executive director, said during an Oct. 22 interview after Lau was sued that it “sets a very dangerous precedent that is going to erode the rights of both patients and providers.”

Sheldon said use of the label “radical gender activist” demonizes health professionals.

“We believe that this is a dangerous rhetorical tactic that aims to delegitimize health professionals for providing necessary care to their patients,” they said. “Gender-affirming care is not a radical or fringe practice. It is evidence-based medicine, and labeling a practitioner of that care as a radical gender activist is simply inflammatory.”

The U.S. Supreme Court will take up a challenge to Tennessee’s ban on gender-affirming care that could have implications for other states with similar restrictions. The court will hear oral arguments Dec. 4 in the case brought forward by trans youth and their families, as well as groups including the ACLU and Lambda Legal. The Biden administration has also intervened in the case and argued the equal protection clause of the 14th Amendment.

Harper Seldin, senior staff attorney for the ACLU's LGBTQ and HIV Project, said Paxton’s latest lawsuit is the “predictable and terrifying result” the ACLU sought to prevent through its challenge to SB 14 in Texas.

“Doctors should not have to fear being targeted by the government when using their best medical judgement and politicians like Ken Paxton should not be putting themselves between families and their doctors. The U.S. Supreme Court will soon be hearing from families challenging another state ban and it is our hope the Justices recognize this overreach for what it is,” Seldon wrote in a statement.

Paxton over the years has also called for investigations into medical providers and patients’ families. In 2022, Paxton and Gov. Greg Abbott urged Texas Department of Family and Protective Services case workers to investigate families that provide children with access to gender-affirming care.

Within the last year, Paxton also demanded trans patients' medical records from two out-of-state clinics: QueerMed and Seattle Children’s Hospital.

Seattle Children’s Hospital sued the state, but later agreed to withdraw from doing business in Texas. The hospital system denied that clinic staff provided care to Texas children remotely or in-state.

This story will be updated.

Got a tip? Email Kailey Broussard at kbroussard@kera.org.

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Kailey Broussard covers health for KERA News. Previously, they covered the city of Arlington for four years across multiple news organizations and helped start the Arlington Report.