APD won’t enforce SB 14 as Paxton and Trump further attack gender-affirming health care

Last week, two federal judges issued temporary restraining orders on an executive order by the Trump administration that would have blocked federal funding for gender-affirming care for minors. That means that – for now – any health care provider or entity that provides that care can still operate with federal funding. In Texas, however, doctors were already banned from practicing gender-affirming care for children by the 2023 legislative session’s Senate Bill 14. And though Trump’s attacks on trans people will surely continue with aggressive support from Texas’ extremely conservative Legislature, municipalities like the city of Austin can show support by refusing to actively enforce those policies. 

This past May, City Council passed a resolution refusing to pursue enforcement of SB 14, becoming the first city in the state to do so. In it, the city promised that “no City personnel, funds, or resources shall be used to investigate, criminally prosecute, or impose administrative penalties upon” a transgender or nonbinary person seeking health care or the organization/individual providing that health care. It also promised to continue all city grants and contracts supporting entities providing trans and nonbinary health care. In June, SB 14 was upheld by the Texas Supreme Court after a group of parents, doctors and advocates sued the state on the grounds that the state constitution allows parents to pursue whatever kind of health care they deem fit for their children.

The Trump administration’s newest attack has prompted another city response, in the form of a memo from Austin Police Chief Lisa Davis on Feb. 11. In it, Davis responds directly to the city’s 2024 resolution, writing that basically, APD wouldn’t be involved anyway: SB 14’s penalties on health care providers that violate the law “are primarily enforced by the Texas attorney general and the Texas Medical Board. SB 14 does not impose any criminal penalties that APD would be tasked with enforcing. There are no Texas laws that specifically impose criminal penalties in connection with seeking or providing gender-affirming medical care.”

However, law enforcement is not the only way that Texas is attempting to penalize health care providers. In October, a Dallas-based doctor was sued by the state of Texas for providing gender-affirming care to 21 patients ages 14 to 17 in violation of the ban, in the first case of its kind, which was quickly followed up by two other similar suits from Texas Attorney General Ken Paxton. Despite these attacks, Davis stresses in the memo that “APD … currently has extensive policies in place that expressly prohibit the seeking or sharing of information across jurisdictions or agencies if that information is not requested through … (an) appropriate legal mechanism in connection with a legitimate law enforcement purpose.” Davis writes that essentially, APD won’t be involved: “Given that SB 14 does not impose any criminal sanctions, APD does not anticipate keeping information related to SB 14 or other agencies seeking such information from APD.”

However, the upcoming legislative session could change that, as it already promises another brutal onslaught of anti-trans bills – 62 so far, according to the Trans Legislation Tracker. Senate Bill 115 would make it financially prohibitive for doctors and health insurers to provide gender-affirming care, and House Bill 847 would prohibit the use of public funds for gender-affirming care. On the nonmedical side, HB 1655 would prohibit public school employees from using a child’s correct name and pronouns, with the threat of prohibiting schools from receiving funding from the state for violations, and HB 344 would prohibit any instruction on sexual orientation or gender identity in K-12 schools. 

In light of these persistent attacks, the city’s 2024 resolution also directed the city manager to “explore establishing a program or identifying resources to support Austin residents who may be facing punishment under relevant state laws.” In the memo, Davis writes that APD has been in conversation with Austin Public Health and the Travis County District Attorney’s Office to “connect the community to additional forms of support, including advocacy groups, that can provide direct assistance to Austin residents facing civil liability, administrative penalties, or professional sanctions for seeking or providing gender-affirming healthcare services.”

Photo made available through a Creative Commons license.

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