Texas Attorney General Ken Paxton says the state’s ban on gender-affirming care for transgender minors also applies to talk therapy, warning mental health professionals they could risk losing their licenses. In a legal opinion issued the day before the March 3 Republican primary, Paxton said a 2023 Texas law prohibiting doctors from providing gender-affirming care to minors extends beyond medical procedures to include licensed mental health providers.
While the law originally focused on medical procedures related to transitioning a child’s biological sex, Paxton argued the statute applies broadly to anyone licensed by the Texas Behavioral Health Executive Council. That includes psychologists, family therapists, and many social workers. Paxton issued the opinion after Dr. Darrel Spinks, executive director of the council, requested clarification about whether the law applies to professionals who provide talk therapy. Paxton, in his advisory, berated Spinks for questioning whether the law applies.
Paxton wrote, “The unambiguous definition of ‘health care provider’ does not require a prescription pad or scalpel…For good reason, too, given that the multidisciplinary path to medically transitioningchildren often starts with mental ‘health care.’ We received several briefs highlighting that mental health professionals serve as the ‘clinical gatekeepers whose assessments and recommendations initiate the interventions’ prohibited by SB 14.” Paxton added, “Any radical facilitating the ‘transitioning’ of our kids is committing child abuse.”
