Texas Attorney General Ken Paxton intensified efforts to access medical records of transgender youths in Texas, targeting a Georgia-based telehealth clinic, QueerMed. This action raises concerns among advocates regarding privacy and rights.
Clinic Confirms Request
QueerMed, the Georgia clinic, verified last week to the Houston Chronicle that it had received Paxton’s data request. The hospital said it ceased providing services to young individuals in Texas following the state’s prohibition on transition-related care last year.
Patient Data Inquiry
Dr. Izzy Lowell, QueerMed’s founder, mentioned that the attorney general had sought patient information dating back to January 1, 2022, which was before the ban came into force.
Initial Data Request
A report from The Texas Tribune indicated that Paxton had initially requested patient data back in January 2022.
Legal Compliance
Dr. Lowell asserted their adherence to legal standards. In a statement to the Houston Chronicle, Dr. Lowell affirmed, “I’m not breaking any laws. We are doing everything by the book according to state law.”
Prior Attempts
This instance marks Paxton’s second attempt to gather information on out-of-state gender-affirming care providers. His previous inquiry targeted Seattle Children’s Hospital.
Seattle Children’s Hospital
In November last year, Paxton submitted a request to Seattle Children’s for an array of patient data, encompassing the count of Texas children treated, medications prescribed, diagnoses, and the Texas laboratories where youth tests are conducted.
Legal Challenge
In response, Seattle Children’s Hospital filed a lawsuit against Paxton in December, disputing his jurisdiction over the hospital, which lacks business ties or physical presence in Texas.
National Trend
Republican attorneys general, including Paxton, over the past few years have been increasingly requesting medical records related to gender-affirming and abortion care. Advocates criticize these actions as fear-inducing and an overextension of governmental authority.
Tennessee AG’s Investigation
Last year, Tennessee Attorney General Jonathan Skrmetti initiated an inquiry into Vanderbilt University Medical Center’s transgender health clinic following the dissemination of false information by a right-wing media figure.
Paxton’s Anti-LGBTQ+ Stance
Paxton has consistently used his office to challenge LGBTQ+ rights, probing gender-affirming care providers both within and outside Texas and pharmaceutical companies involved in puberty blocker production and monitoring gender changes on state records.
Restricting Transgender Rights
The Republican attorney general’s approach aligns with the state’s GOP-driven campaign to restrict transgender youth from accessing healthcare, prevent transgender girls from participating in sports, and enact numerous other anti-LGBTQ+ laws.
Public Facility Access Restrictions
This attempt is part of a broader national trend of legislation that restricts the access of queer and transgender individuals to sports, healthcare, restrooms, and various aspects of public life.
Restricting Gender-Affirming Care
Texas is among the 19 states that have implemented laws in recent years to limit minors’ access to gender-affirming care.
Texas’s Anti-Trans Measures
Under Paxton’s guidance, Texas has enacted numerous anti-transgender laws, including Senate Bill 14, which prohibits access to puberty blockers and hormone replacement therapy for transgender youths.
Law Enforced
The law was enforced in September after Paxton challenged a ruling by a district court judge that had temporarily halted the ban.
“Zero Authorization”
Lawyer Karen Loewy, who is representing organizations and Texas families of transgender youth in their effort to challenge SB 14 in court, stated that there is “zero authorization” in the law for Paxton’s requests to clinics outside of Texas.
AG Targeting Trans Kids
Loewy told the Texas Tribune, “It’s hard not to see this as part and parcel of the AG’s scorched-earth approach to persecuting trans kids and their parents who are being forced to undertake travel outside of Texas to get their kids the medically necessary care they need.”
Upcoming Court Battle
The Texas Supreme Court is scheduled to hear arguments against SB 14 on Tuesday, marking a pivotal moment for transgender rights within the state. Advocates, doctors, and parents will present their arguments regarding the constitutionality of the bill.
Advocacy Group’s Concern
Johnathan Gooch of Equality Texas expressed alarm over Paxton’s actions, telling HuffPost, “To hear that Ken Paxton is stalking families with trans kids, even as they move and travel across the country — that’s far beyond the scope of his authority. He can’t impose Texas laws on other states.”
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