Texas Assault on Transgender Children

Texas has violated the US Constitution and the Constitution of the State of Texas

Gov. Greg Abbott gave instructions to Texas state health agencies stating that delivering gender-affirming medical treatments to transgender youths “constitutes child abuse” under state law. It required that doctors, nurses and teachers to report parents who aid their child in receiving such care to the Texas Department of Family and Protective Services for further investigation.

Sadly, no medical process is perfect. It is estimated that there is an average of 85,000 medical malpractice lawsuits filed every year in the US. “Recent studies of medical errors have estimated errors may account for as many as 251,000 deaths annually in the United States (U.S)., making medical errors the third leading cause of death.”

Nothing in medicine operates with 100% success.

Every aspect of care for a transgender child is carefully coordinated with the parents of the child, their medical doctors and their mental health professional. The entire process is carefully monitored with the sole goal of making decisions in the best interest of the child.

Will mistakes occur in any pediatric decision regarding a child, of course but is every effort made to prevent that from happening, again, of course. The risks and the benefits for the child are paramount and are always the primary consideration.

Because of personal, social and medical ignorance I have suffered from various levels of gender dysphoria since I was five years old. I was finally diagnosed at 62 years of age as transgender and suffering from gender dysphoria.

“Gender dysphoria: A concept designated in the DSM-5 as clinically significant distress or impairment related to a strong desire to be of another gender, which may include desire to change primary and/or secondary sex characteristics. Not all transgender or gender diverse people experience dysphoria.”

““Clinically significant” simply means a clinician’s judgment that the distress or impairment is significant, marked, or substantial in intensity or duration.”

“Gender dysphoria can affect many aspects of life, including daily activities. People experiencing gender dysphoria might have difficulty in school due to pressure to dress in a way that’s associated with their sex assigned at birth or out of fear of being harassed or teased.

If gender dysphoria impairs the ability to function at school or at work, the result may be school dropout or unemployment. Relationship difficulties are common. Anxiety, depression, self-harm, eating disorders, substance misuse and other problems can occur.

People who have gender dysphoria also often experience discrimination, resulting in stress. Accessing health services and mental health services can be difficult due to fear of stigma and a lack of experienced care providers. Adolescents and adults with gender dysphoria without gender-affirming treatment might be at risk of thinking about or attempting suicide.”

Medicine and mental health science have come a long way since I was born in 1955. They have done extensive research and analysis of gender dysphoria and have, like with any other medical or mental condition, established a protocol for treatment, which is regularly reviewed and adjusted as breakthroughs occur.

We have come a long way from electric shock therapy.

I have cruelly suffered a lifetime with gender dysphoria to the point I considered suicide to stop the pain before I got medical help.

All this pain because I wasn’t properly diagnosed as a child.

“Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society.”

Eighth Amendment of the US Constitution as annotated: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.

The state of Texas constitution states: “Sec. 13. EXCESSIVE BAIL OR FINES; CRUEL OR UNUSUAL PUNISHMENT; OPEN COURTS; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.”

By using government action to prevent a transgender child from receiving a medically prescribed course of action in a timely way that will ease their pain and suffering, Texas is violating the Eighth Amendment of the US Constitution and Section 13 of their own state constitution.

Emma Holiday

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Writers note: If you have read any of my writings on Medium you will have noticed a definite theme: the incredible pain of gender dysphoria and all the difficult aspects of just being transgender.

My writing has three specific goals:

1. Writing is my therapy. I have a very limited outlet for my thoughts so I write to find a way to process the most profound experience in my life. I need to understand and I need to accept myself to move forward.

2. Being transgender, for me, is a very lonely existence and if I can share some of the things that I feel and think as I go through the process of transitioning with others who are transgender and, in some way, lessen their pain and sense of loneliness, then all of this public exposure of my personal thoughts is not a waste.

3. I write to help cisgender people understand that all trans people want is to be simply understood, accepted and treated as a normal person. We are.