Emergence of Identity: Prevention of Medical Care for Transgender Youth and the Definition of Child Abuse

Written by Elliot Foley

Edited by Scott Daley, Fiona Ferrone, Ally Harbourt, and Austin McNichols

The experience of a transgender child in America is something that those who are not transgender cannot fully understand; the social obstacles alone are immeasurable. However, under Texas law, obstacles which were once only social are now legally formalized. In Doe v. Abbott (2019), the Texas Supreme Court ruled in favor of a law allowing child abuse investigations into transgender family homes for administering necessary medical care, including puberty blockers. This is contradictory to previous Texas statutes. According to the Human Rights Campaign, transgender children can know from a young age that they are a different gender from what was assigned at birth. Transgender youth are typically eligible for puberty-blocking hormones and other medical care allowing them to gradually transition until age 18, when more substantial options become available. These puberty blockers are critical for transgender children's academic and social development, as well as their general comfort in society. This Texas ruling allows a wider scope of authority for the Department of Family and Protective Services (D.F.P.S.), setting a new standard for the future of transgender youth in Texas. It is not child abuse to administer healthcare to transgender children—but, given the centrality of this care presented in this article, it is child abuse to refuse it. The importance of this medical treatment for transgender children results in a clear conflict between the Texas Family Code and the Texas Supreme Court decision.