‘Unlawful Waste of Resources:’ Paxton’s Unilateral Anti-Trans Decree
The Texas attorney general’s effort to undermine court-ordered gender changes is not legally binding.
by Denny
The Texas attorney general’s unilateral directive that state agencies should revoke gender marker changes in defiance of prior judicial decisions is an “unlawful waste of resources that will not hold up in court nor stand the test of time,” an ACLU official says.
It’s also not legally binding, the Transgender Education Network of Texas said, noting that no opinion issued by an attorney general can invalidate prior court orders amending the gender markers of trans, nonbinary and gender-nonconforming Texans.
“This is yet another addition to a long timeline of attacks against trans Texans from the attorney general’s office,” the group said. “Trans people belong in Texas — this is our home, and we will not be pushed out.”
Paxton’s tactic is consistent with the Trump administration’s lawless approach of defying and disregarding court orders on trans issues. Paxton makes the point himself in his opinion, saying state agencies should “correct” driver’s licenses and other documents that were “changed pursuant to such orders.”
Obtaining court orders for gender marker changes is typically a time-consuming and costly process. Undermining these court-ordered changes, as Paxton is attempting to do, exposes trans people to discrimination and puts their safety in danger. Malicious and discriminatory document measures are a major tactic in the hard right’s effort to impose anti-trans bigotry nationwide.
Shelly Skeen, Lambda Legal’s south-central regional director, told The Dallas Voice that courts have long issued orders directing state agencies to make gender changes on legal documents. Judges have the authority to issue orders based on the facts of any given case, said Skeen, adding that legal challenges are already being readied if state agencies try to follow Paxton’s directive.
Ash Hall, a policy and advocacy strategist for the ACLU of Texas, said legality is in many ways besides the point for Paxton. In a statement, Hall noted that Paxton has repeatedly misused his office to target trans Texans.
“If state agencies attempt to implement this non-binding opinion, it would be an unlawful waste of resources that will not hold up in court nor stand the test of time,” Hall wrote.
Hall’s legislative advocacy in various professional and personal capacities since 2011 has helped defeat more than 260 anti-LGBTQ+ bills. In a written comment to Assigned Media, they noted that it’s still too early to tell what the best strategy would be to challenge Paxton’s letter.
“We’re exploring all our options,” Hall said.
Paxton, one of the nation’s leading promoters of anti-trans bigotry, has been down this road before. In 2022, The Washington Post and The Texas Tribune reported that Paxton sought to obtain data on all trans Texans who had changed gender markers on driver’s licenses, an effort widely seen by trans Texans as aimed at intimidating them and chilling their ability to seek court orders.
As the Department of Public Safety told Paxton in 2022, merely identifying specific records of gender marker changes — let alone reversing them — would be expensive and labor-intensive, if it could be done at all.
“Ultimately, our team advised the AG’s office the data requested neither exists nor could be accurately produced,” a Department of Public Safety spokesman told The Post in 2022. “Thus, no data of any kind was provided.”
Already this year, a record-breaking 777 anti-trans bills have been introduced in state legislatures across the country, according to the Trans Legislation Tracker, which monitors the measures. Texas is the leader in this campaign of bigotry, with 120 anti-trans bills having been introduced – among them a bill that would ban changes to birth certificates.
Andrea Segovia, field and policy director the Transgender Education Network of Texas, said she is working with other trans groups to understand the road ahead for trans Texans.
“As Texans and as the statewide trans policy organization, we deeply understand how temperamental the legislative session can be.”