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Transgender families sue to stop Texas youth healthcare ban

New law slated to take effect Sept. 1

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People gather in the Texas Capitol on May 12, 2023, to protest Senate Bill 14, which bans puberty blockers and hormone therapies for transgender youth. (Photo by Evan L'Roy/The Texas Tribune)

ByĀ Eleanor KlibanoffĀ andĀ William MelhadoĀ | Several families with transgender children are asking a judge to block a new Texas law that would stop minors from accessing many types of transition-related health care, including puberty blockers and hormone therapies.

The families argue the new law, which goes into effect Sept. 1, violates their parental rights by stopping them from providing medical care for their children and discriminates against transgender teens on the basis of sex. Several doctors have also joined the lawsuit, arguing the law interferes with their licensure and ability to practice medicine.

The lawsuit, which was filed in state court Wednesday, relies on legal arguments similar to those that have halted or blocked restrictions in several states, including Florida, Arkansas and Tennessee.

ā€œThe attack that Texas legislators and the governor have launched against transgender youth and their families and providers is stunning in its cruelty,ā€ said Paul D. Castillo, senior counsel for Lambda Legal, which filed the lawsuit. ā€œThey are actively ignoring the science, dismissing best-practice medical care, intervening in a parentā€™s right to care for and love their child, and explicitly exposing trans youth in Texas to rampant discrimination. This law is not just harmful and cruel, it is life-threatening.ā€

All major medical associations support the use of puberty blockers and hormone therapy to treat gender dysphoria, the distress someone feels when their gender identity doesnā€™t match the sex they were assigned at birth. But in recent years, conservative groups have launched an all-out war on gender-affirming care, branding it ā€œgenital mutilation.ā€

Earlier this year, Republicans in the Texas Legislature passed Senate Bill 14, which Gov. Greg Abbott signed into law in June. The law stops transgender minors from accessing puberty blockershormone therapies or transition-related surgeries, which medical experts say are rarely performed on children. Children already receiving this care are required to be weaned off in a ā€œmedically appropriateā€ manner, the law says, which many doctors say would be unethical.

ā€œThe science on gender dysphoria lacks sufficient high-quality evidence documented, and thereā€™s a growing list of harms, established side effects that accompany patients,ā€ state Rep. Tom Oliverson, a Cypress Republican who sponsored the bill in the House, said during debate on the bill. Oliverson has said the bill was written to withstand expected court challenges.

After the lawsuit was filed, Republican state Rep. Jeff Leach of Plano tweeted that the challenge was expected: ā€œWhat should also be expected is the State of Texas vigorously defending this law that protects children from dangerous and irreversible modification and mutilation procedures. We will fight. And we will win.ā€

The Texas attorney generalā€™s office did not immediately respond to request for comment.

Although the law has yet to go into effect, health care options for transgender minors are already narrowing in Texas. In May, Houston-based Texas Childrenā€™s Hospital announced it would discontinue hormone therapy and other gender-affirming care treatments. The same month, adolescent health specialists at Dell Childrenā€™s Medical Center in Austin parted ways with the hospital after Attorney General Ken Paxton announced an investigation into the hospital.

ā€œI canā€™t tell you what it feels like to be on the end of a call of a parent who has lost their child because their child looks out into the world and sees a world [where], overwhelmingly, adults are telling them and bullying them that they do not belong here, that they are not well, that they are not who they are,ā€ said Emmett Schelling, executive director of the Transgender Education Network of Texas. ā€œThen you strip away whatā€™s already a thin layer of the system of health care to support our communities here in the state of Texas. And itā€™s an even worse outcome.ā€

Schilling said the lawā€™s ā€œchilling effectā€ is also diminishing health care options for transgender adults. Some families have decided to leave Texas to ensure their children can continue to receive health care.

ā€œBecause my daughter might need puberty blockers in the next few months, I am temporarily relocating out of state with her and my other child,ā€ said one of the plaintiffs, identified in the lawsuit as Mary Moe, who is the mother of a 9-year-old transgender daughter. ā€œI am heartbroken to have to take my children away from their home and their father, even temporarily. But I know that Texas is not a safe place for my daughter if this law forbids her access to this care.ā€

Texas is the largest of 18 states that have recently passed restrictions on gender-affirming care for minors. But these laws, which mostly sailed through Republican-dominated statehouses, are running into significant barriers in the courtroom.

In June, a federal judge ruled that Arkansasā€™ ban on gender-affirming care for minors is unconstitutional because it violates the due process and equal protection rights of transgender children and their families.

ā€œRather than protecting children or safeguarding medical ethics, the evidence showed that the prohibited medical care improves the mental health and well-being of patients and that, by prohibiting it, the State undermined the interests it claims to be advancing,ā€ the judge wrote.

Federal judges in FloridaKentucky and Tennessee have also blocked those statesā€™ laws from going into effect, although an appeals court intervened to allow Tennessee to implement its ban.

This lawsuit is filed in state court, citing parental-right protections laid out in the Texas Constitution.

ā€œThe Texas Constitution provides stronger rights for parents, stronger rights in the guarantees of equality ā€¦ and much stronger rights with respect to the individual rights of autonomy,ā€ Lambda Legal senior counsel Paul Castillo said. ā€œThose decisions that rest with parents are at their apex when they are made in consultation with physicians who recommend this medically necessary care.ā€

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The preceding articleĀ was previously publishedĀ by the Texas Tribune and is republished by permission.

The Texas TribuneĀ is a nonprofit, nonpartisan media organization that informs Texans ā€” and engages with them ā€” about public policy, politics, government and statewide issues.Ā Disclosure: The ACLU of Texas has been a financial supporter of the Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribuneā€™s journalism. Find a completeĀ list of them here.

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Perhaps it goes without saying ā€” but producing quality journalism isnā€™t cheap. At a time when newsroom resources and revenue across the country are declining, the Texas Tribune remains committed to sustaining our mission: Creating a more engaged and informed Texas with every story we cover, every event we convene and every newsletter we send. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Do you value our journalism? Show us with your support.

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Texas

Anti-trans Texas Democrat loses primary to queer woman

Lauren Ashley Simmons defeated state Rep. Shawn Thierry

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Texas state Rep. Shawn Thierry, picture from a public feed, and Lauren Ashley Simmons, picture courtesy of the LGBTQ+ Victory Fund.

BY ERIN REED | Houston Democratic Texas House of Representatives incumbent Shawn ThierryĀ was trouncedĀ in a primary runoff election on Tuesday.

Thierry was one of only a handful of Democrats across the country who broke ranks with her party and voted for a ban on gender-affirming care for transgender youth, delivering a lengthy and misinformation-filled speech in doing so.

After her anti-trans vote, queer union organizer Lauren Ashley Simmons stepped forward to unseat her, earning dozens of influential endorsements from party leaders and organizations. On Tuesday night, Simmons left no doubt about her victory: She resoundingly won by a 65-35 percent margin.

On May 12, Thierry voted to passĀ a gender-affirming care banĀ for trans youth, an exceedingly rare vote for a Democrat. In doing so, she spoke on the House floor, calling trans girls ā€œbiological malesā€ and arguing that conversion therapy was the true solution to gender dysphoria.

She also voted against every amendment intended to mitigate the harm the bill would cause trans youth in the state. This led toĀ a vote to censureĀ Thierry by the Meyerland Area Democrats, who reported feeling betrayed by her earlier assurances that she was an ally to the LGBTQ community.

Thierryā€™s district, the 146th District of the Texas House of Representatives, isĀ not a swing district. It includes predominantly Black and Latino neighborhoods in Houston that tend to vote heavily Democratic. Previously, Thierry had beaten a Libertarian candidate by a 87-13 percent margin, with no Republican running in the race. Thus, whoever wins the Democratic primary in the district is likely to represent the district in the Texas House of Representatives.

Enter Simmons, a queer union organizer who ran in opposition to Thierryā€™s anti-LGBTQ votes and activism. In her announcement that she would be challenging Thierry in the primary, Simmons stated, ā€œOur current representative has lost her way and now votes with Greg Abbott and Republicans to take away our rights, destroy our public schools, and hurt our kids.ā€

Simmons quicklyĀ garnered major endorsements, an uncommon feat for a primary challenger to an incumbent politician. Equality Texas, the LGBTQ+ Victory Fund, and LPAC, all significant LGBTQ organizations, endorsed her.

She also secured major union endorsements from the American Federation of Teachers, the AFL-CIO, and the Service Employees International Union. Additional support came from Planned Parenthood, Harris County Young Democrats, and Run for Something. High-profile congressional endorsements included Congresswomen Jasmine Crockett and Lizzie Fletcher, as well as former Congressman Beto Oā€™Rourke.

In the lead-up to the election, which was quickly becoming a referendum on whether anti-trans politics could gain a foothold in the Democratic Party, Thierry did not tone down her anti-LGBTQ sentiment. She participated in “faith walks” with major local churches supportive of her stance and relied heavily on Republican donations.

When asked about her anti-trans votes, she called gender-affirming care “Black genocide.” Thierry’s statements were decried by major community members, including Diamond Stylz Collier, who leads the Texas nonprofit Black Trans Women Inc. Collier called the comments disgusting, stating, “We have an increase of trans people dying of violence around the country and a real-life genocide happening in other parts of the globe.”

As votes poured in on Tuesday evening, it became clear that Simmons would be the victor. She secured a decisive majority, with the district voting 65-35 percent in her favor over Thierry. Reflecting on her victory,Ā Simmons stated, “Thanks to your amazing support, we all won BIG last night! We are so grateful, and so proud of the strong message this decisive victory sends to those who seek political gain by using bigotry, hatred, and fear: STOP. Thank you!”

Increasingly, anti-trans influencers are attempting to make inroads into left-leaning politics, a strategy that has seen mixed results internationally. In the U.K., for instance, theĀ Labour Party has been notoriously poorĀ on trans rights.

In the U.S., however, these efforts have met with far less success. JustĀ yesterday in California, an attempt to place a gender-affirming care ban on the ballot was defeated. Similarly, in most states, Democrats have remained steadfast against anti-transgender legislation. Now, even in a conservative state like Texas, it is evident that there is little appetite within the party for sacrificing transgender rights, and doing so could jeopardize one’s political career.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

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Washingtonporn Blade graphic

Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.

Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography.Ā 

A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.Ā 

ā€œApplying rational-basis review, the age-verification requirement is rationally related to the governmentā€™s legitimate interest in preventing minorsā€™ access to pornography,ā€ the three judge panel of the 5th Circuit explained. ā€œTherefore, the age-verification requirement does not violate the First Amendment.ā€

While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower courtā€™s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements. 

Texas users are greeted with this notice.

The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as ā€œineffective, haphazard, and dangerous.ā€ The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.

Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.

The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMVā€™s Wallet app, which contains a mobile driverā€™s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateā€™s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driverā€™s licenses or other methods.

The Associated Press reported this past October that an adult entertainment groupā€™s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.

Texas users are greeted with this notice.

Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.

ā€œAs you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.ā€

ā€œMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā€ the statement continues. ā€œAs weā€™ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā€

ā€œUntil a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]ā€ the message ends with.

The company previously blocked Utah on May 7, 2023. CNN reported at the time:

Affected users are shown a message expressing opposition toĀ Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.

ā€œAs you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,ā€ the message said. ā€œWhile safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.ā€

Courthouse News reportedĀ that after Virginiaā€™s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.Ā Ā 

ā€œWe passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,ā€Ā Lucas saidĀ on X, formerly Twitter. ā€œWe will continue our work to keep pornography out of the hands of minors ā€¦ but we will also work to ensure that this Governorā€™s error does not put the privacy of Virginians at further risk.ā€

Beyond the U.S. in the European Union, Pornhub and two more of the worldā€™s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUā€™s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as ā€œvery large online platformsā€ subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EUā€™s executive branch.

They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.

In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.

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Abbott tells UN to ‘pound sand’ amid criticism of anti-LGBTQ policies in Texas

Governor signed seven anti-LGBTQ laws last year

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Texas Republican Texas Gov. Greg Abbott signs the ā€œSave Womenā€™s Sports Actā€ on Aug. 7, 2023. (Photo courtesy of the Office of the Governor)

Texas Gov. Greg Abbott (R) on Sunday dismissed news coverage of a letter issued last month to the United Nations that expressed alarm over the “deteriorating human rights situation”Ā for LGBTQ people in the Lone Star State.

Signed by Equality Texas, ACLU of Texas, GLAAD, the Human Rights Campaign, and the University of Texas at Austin School of Law Human Rights Clinic, the letter details how Texas legislators introduced 141 bills targeting the LGBTQ community, passing seven into law.

“The UN can go pound sand,” Abbott wrote in a post on X.

In 2023, the governor signed a ban on gender affirming care for transgender youth, a ban on diversity, equity, and inclusion programs at public universities, a ban on transgender athletes competing in college sports, a law allowing schools to use religious chaplains for counseling services, a ban on “sexually oriented performances” on public property accessible to minors (which targets drag shows), a law allowing schools to restrict LGBTQ books, and a ban on nondiscrimination ordinances by local governments.

The groups argued in their letter that these policies constitute a “systemic discriminatory policy” in violation of international human rights laws, such as the International Covenant on Civil and Political Rights, a multilateral treaty whose tenets are enforced by the UN Human Rights Committee.

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