Texas Attorney General Ken Paxton has issued a legal opinion questioning the ability of transgender individuals in the state to change their sex on legal documents such as driver’s licenses and birth certificates. Paxton’s opinion, first reported by The Houston Chronicle, orders state agencies like the Department of Public Safety (DPS) and Department of State Health Services (DSHS) to undo any changes previously made to these documents.
In a news release, Paxton stated, “There are only two sexes, and that is determined not by feelings or ‘gender theory’ but by biology at conception.” He added, “Radical left-wing judges do not have jurisdiction to order agencies to violate the law nor do they have the authority to overrule reality. In Texas, we will follow common sense and restore any documents that were wrongfully changed to be consistent with biology.”
While Paxton’s opinion does not immediately change state law, it is considered advisory. Courts may refer to this opinion in future legal cases, and lawmakers may use it to influence their decisions moving forward.
Although Paxton’s opinion does not alter state policies directly, it carries significant weight given the current political climate in Texas. Over 180 bills targeting LGBTQ individuals have been filed in the state legislature this session, with many aiming to limit access to gender-affirming care and challenge gender identity recognition. This opinion follows the controversy from 2022, when Paxton classified gender-affirming care for minors as “child abuse” under state law, prompting Governor Greg Abbott to direct investigations into parents providing such care. Though the Texas Supreme Court ultimately ruled that Paxton and Abbott had overstepped their authority, their decisions have had a lasting impact on transgender Texans.
Advocacy groups are expressing concern about the potential dangers of this shift in policy. Brad Pritchett, interim CEO of Equality Texas, warned that Paxton’s opinion could jeopardize the safety of over 120,000 transgender Texans. “The trans community in Texas is scared,” Pritchett told The Houston Chronicle.
Mya Wesley, a 32-year-old Texan, shared her fear of living in a state with such policies. “These are the beginning steps of trying to eradicate us as a people in Texas, making it harder for us to change our gender markers and our names, which a lot of times, is done out of safety for a lot of trans people,” Wesley said. “I don’t feel safe here in Texas, especially as a Black trans woman.”
The consequences of this policy shift extend beyond personal identity. Proper identification is essential for voting, banking, and personal safety. Supporters of transgender rights argue that not allowing individuals to update their gender markers could lead to more discrimination. Johnathan Gooch, the communications director at Equality Texas, emphasized the importance of matching IDs in an interview with The Times, stating, “We use our IDs for everything—to vote, to open a bank account—and having an ID that matches who you are is just so simple.”
Attorney General Paxton’s order to prohibit and reverse gender marker changes on official documents has sparked significant backlash, with advocates fearing it could exacerbate discrimination and undermine the safety and dignity of transgender Texans.
