Hundreds of LGBTQ advocates and parents of transgender kids have packed the Texas Capitol ahead of the House’s expected consequential vote on a bill that would ban gender-affirming care for children.
Before the House convened Tuesday morning, the crowd weaved up a staircase as they filled the hallway outside the chamber. Many donned rainbow clothes and flags, and waved signs to show their support for trans Texans. The Rev. Erin Walter — one of several clergy members there to support trans kids as part of the Texas Freedom Network’s Just Texas project — led the group in song.
“We are fighting for our rights, and we shall not be moved,” the crowd sang.
As the House was convening, LGBTQ Texans and their allies began entering the gallery overlooking the chamber floor where the debate is scheduled to occur Tuesday. Though some are also staying outside to join a planned rally at the nearby indoor rotunda.
“There is nothing more Texan than fighting for your rights,” Adri Pérez, an organizing director with the Texas Freedom Network, said before LGBTQ Texans broke into a chant.
Supporters of the bill, wearing red shirts with the words, “Save Texas Kids,” also sat in the gallery.
Senate Bill 14 would prohibit trans youth from getting puberty blockers and hormone therapy — care that medical groups say is vital to their mental health. The bill is a legislative priority for the Texas Republican Party, whose platform opposes “all efforts to validate transgender identity.” The Senate has already passed a version of the bill and a majority of state representatives — all of them Republicans — support the measure.
This is the furthest this proposed ban has advanced in the lower chamber, which has often served as a moderating force on legislation targeting how LGBTQ Texans live. It is among a bevy of bills lawmakers are pushing this session that target gay and trans Texans.
SB 14 proposes prohibiting all trans kids in Texas from being able to get puberty blockers, hormone therapies and other care in order to transition. Trans kids who are already accessing these treatments for gender-affirming purposes would have to be “weaned off” in a “medically appropriate” manner. The bill would also prohibit transition-related surgeries, though these are rarely performed on kids.
Like in the Senate, supporters of SB 14 in the House dispute the science and research behind transition-related medical treatments. They also portray doctors who provide this care as opportunists capitalizing on a “social contagion” and misleading parents into approving treatments for kids who may later regret them.
“[Parents] were given a false dichotomy choice between it's either this or suicide,” state Rep.Tom Oliverson, R-Cypress, during the committee hearing for House Bill 1686, his companion bill for SB 14. “The science doesn't support that. It is unconscionable to me that a licensed health care provider would put a parent in that position.”
Medical experts, trans youth and their families disagree. They say transition-related care — whichleading medical associations support — is critical to supporting the mental health of a population that is already facing higher risk of depression and suicide than their cisgender peers. They added that the treatments aren’t rushed and involve along and thoughtful evaluation process.
The House’s expected vote could represent a significant step in Texas toward joining over a dozen other states across the country in restricting transition-related care for trans youth. And because Texas is home to one of the country’s largest trans communities, such a ban would have a far-reaching impact.
Under the original language authored by state Sen. Donna Campbell, R-New Braunfels, SB 14 banned any minors from getting transition-related care. During the Senate debate, sheamended the legislation to allow those currently getting this care to continue treatments, which prompted criticisms from her party. The senator laterbackpedaled and cut this exemption before it was passed out of the upper chamber.
Once in the lower chamber, Oliverson changed the bill in the House Public Health Committee to allow kids currently receiving the care to be “weaned off” of puberty blockers and hormone therapy instead of being abruptly cut off.
But the bill’s critics say there are few differences between cutting off treatments gradually or suddenly because SB 14 would still ultimately stop trans kids from getting the care that has improved their mental health. Medical experts have also raised alarms about the psychological distress this process could cause, as some trans youth have referred to the bill asforced detransitioning.
“I think you can say from the side effects of stopping the hormones, a better approach is to taper off than to stop suddenly,” Louis Appel, president of the Texas Pediatric Society,told The Texas Tribune. He has also testified publicly against the bill. “I don’t know that you can say it’s medically safe because you still have the issue that someone has been forced off a medication that they were taking for their health.”
Tuesday’s scheduled debate and vote on the bill put to rest the question of whether Republican House Speaker Dade Phelan would intervene on the issue. In the past few months, some LGBTQ advocates had hoped that the Beaumont Republican would put up roadblocks against SB 14 in the lower chamber — in 2019, as a House committee chair, Phelan told the Tribune that he was “done talking about bashing on the gay community.”
Several states have faced legal challenges to their bans on gender-affirming care. For instance, Tennessee is fielding a lawsuit from the Department of Justice, while civil rights groups like the ACLU and Lambda Legal have brought cases or are considering doing so against several states like Indiana, Idaho and Missouri.
In Texas, these groups have previously planned to sue the state in 2021 when a bill seeking to ban transition-related care for trans youth was heading to the House floor — though the legislation died before then. On the eve of Tuesday’s House vote, the ACLU of Texas was closely examining SB 14 and considering all options.
“Banning healthcare for transgender Texans is a deeply unconstitutional assault on the rights of trans youth and the rights of parents to provide evidence-based, life-saving healthcare for their children,” Brian Klosterboer, an attorney with the ACLU of Texas, said in a statement to the Tribune. “It is immensely cruel and a waste of Texas state resources to pass a bill so harmful and unconstitutional.”
For trans kids and their parents, the stakes are high. If SB 14 becomes law, some say they would have to travel out of Texas or flee the state altogether to ensure their kids can still access the care they need — and these options are also not affordable for or available to all families.
“There are so many layers to what it would look like to have to up and move, aside from the pretty significant financial impact to our family,” Rachel Gonzales told the Tribune last month.
And on Monday evening, she and her husband, Frank, were once again hustling around the Capitol to meet with lawmakers and advocate for their daughter Libby. Several other parents of trans kids from across the state were doing the same.
“I have three kids who are deeply rooted in the community and our schools and our neighborhood. … These people around us are our chosen family.”
But Rachel also can’t imagine telling Libby that she would have to go through puberty as a boy.
“I have a commitment to keeping my daughter safe,” she said. “We’re definitely working to figure out what we can do as families — not just us but other families are all in communication, trying to figure out what we can possibly do to preserve the safety of our kids.”
