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You are here: Home / Civil Rights / Being Trans? Not A Crime.

Being Trans? Not A Crime.

by MisterDancer|  March 1, 20226:37 pm| 65 Comments

This post is in: Civil Rights, Crimes against humanity, domestic terrorists, Healthcare, LGBTQ Rights, LGBTQ Rights Are Human Rights, Open Threads, Republican Venality, Women's Rights, Women's Rights Are Human Rights

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And speaking of “nothing better to do than demonize and torment innocents in the name of power”:

BREAKING: The ACLU has filed a lawsuit on behalf of a Texas parent who was placed on leave last week from her job at DFPS—because she has a transgender child.

The plaintiff's own employer sent investigators to her home in response to Abbott's order. https://t.co/pYq43UHneC

— Mary Emily O'Hara (@MaryEmilyOHara) March 1, 2022

As a non-legal reader, I should not say much on the petition itself. I do recommend reading it, length and all — that said, the crux of the issue is, per that document:

[…]on the afternoon of February 24, 2022, Plaintiff Jane Doe was informed that her family would be investigated in accordance with Governor Abbott’s letter to determine if Jane Doe and John Doe had committed abuse by affirming their transgender daughter’s identity and obtaining the medically necessary health care that she needs.

On February 25, 2022, a DFPS Child Protective Services (CPS) investigator visited the Doe family’s home to interview Jane Doe, John Doe, and Mary Doe.[…]the CPS investigator sought access through releases to Mary Doe’s medical records, which the Doe Plaintiffs refused to sign.

The CPS investigator disclosed that the sole allegation against Jane Doe and John Doe is that they have a transgender daughter and that their daughter may have been provided with medically necessary gender-affirming health care and is “currently transitioning from male to female.”

The issuance of the Paxton Opinion and the Abbott Letter, along with DFPS’s implementation of these, has terrorized the Doe family and inflicted ongoing and irreparable harm.

As a result of DFPS’s implementation and the subsequent investigation of the Doe family, Jane Doe has been placed on leave from her employment.

[Edits and emphasis mine — MisterDancer]

I will also note this line:

Mary Doe is transgender. When she was born, she was designated as “male” on her birth certificate, but she is a girl.

And that’s all that should matter.

Additional reading, especially if you lack time for the petition proper:

  • The ACLU Is Suing Texas to Block the Worst Anti-Trans Program in the Country
  • Texas Wants to Take Trans Kids From Their Supportive Parents. We’re Suing.
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Reader Interactions

65Comments

  1. 1.

    MisterDancer

    March 1, 2022 at 6:40 pm

    Unfortunately, I have to be away for a bit from the ‘net. I really have been trying to get something on this out for a while, and this filing made it even more critical and timely.

    Thanks for reading, and thinking thru the issues at hand. As someone who comes from another group long-abused by this ilk, it hurts to see them spread their poison to people who’ve done no one, any damn harm!

  2. 2.

    Humdog

    March 1, 2022 at 6:41 pm

    It seems Rs in many states believe they can push millions of people back into closets. I don’t think it will work but it will make many many people miserable and afraid. Sickening

  3. 3.

    Baud

    March 1, 2022 at 6:43 pm

    There will be martyrs until people decide they’ve had enough.

  4. 4.

    eclare

    March 1, 2022 at 6:43 pm

    As always, good for ACLU. In TX merely existing is a crime.

  5. 5.

    debbie

    March 1, 2022 at 6:44 pm

    As with abortion, citizens can turn “offenders” in. It doesn’t get more monstrous than that. Unless there’s a financial reward I haven’t heard about.

  6. 6.

    RaflW

    March 1, 2022 at 6:44 pm

    Thank you for front paging this. I do worry that in all the Ukraine news (which I very actively engage, too) that we also have to keep pushing back on the awful behaviors, rulings, legislation and so on.

    It’s kind of grueling. But attacking trans people is just the next step, and totally unacceptable.

  7. 7.

    RaflW

    March 1, 2022 at 6:47 pm

    @Humdog: I look at my high school age niece, in a relatively conservative school district in exurban Wisconsin, and see how easily she negotiates classmates who are gay, or have other than boy/girl pronouns, and I know the current fight on the right is a desperate, last ditch effort.

    I think Republicans will fail. We have to work to make sure.

  8. 8.

    phdesmond

    March 1, 2022 at 6:48 pm

    Gov. Abbott is a repugnant human being.

  9. 9.

    eclare

    March 1, 2022 at 6:48 pm

    @RaflW:   I kind of wonder if assholes won’t do this on purpose.  Democrats are distracted….

    Fuck you.  I am walking, where is my gum?

  10. 10.

    Old Man Shadow

    March 1, 2022 at 6:50 pm

    They want a government that will leave them alone, but be utterly totalitarian, cruel, and Kafkaesque on those they deem to be inferior.

  11. 11.

    UncleEbeneezer

    March 1, 2022 at 6:51 pm

    @RaflW: Agreed that in the long term, this shit isn’t gonna fly.  The problem of course is all the horrific damage it can still do in the short term.

  12. 12.

    scav

    March 1, 2022 at 6:58 pm

    One isn’t free in Texas to raise one’s own children as one sees fit.  Oh, unless of course it involves giving them guns, or not reading school books you don’t approve of, or not wearing masks or having life-protecting vaccines, or not being exposed to other than heterosexual partnerships, or refusing blood transfusions on religious grounds, etc etc etc, all of those things are freedom.  Just not listening to one’s child about their emotions and identity. That’s abuse.  Got it.

  13. 13.

    Dan B

    March 1, 2022 at 6:59 pm

    @phdesmond: AG Paxton issued the legal brief that called hormone therapy and other procedures to be abuse.  Abbott just shepherded the bill through.

  14. 14.

    Mallard Filmore

    March 1, 2022 at 7:03 pm

    Eventually, the pro-life crowd will demand that babies born with ambiguous genetalia be immediately taken to bhe hospital’s basement furnace and send those littrle devils straight back to hell.

    They already are fully on board with the Second “go forth and kill” Amendment.

  15. 15.

    Alison Rose

    March 1, 2022 at 7:03 pm

    The party of “family values” that literally wants to criminalize loving and supporting your children if those children are not deemed acceptable by the party. It’s so damn disgusting. I’m so afraid for what this could mean for these kids, and what kind of God awful homes they’d be forced into if they’re taken from their families.

  16. 16.

    Gretchen

    March 1, 2022 at 7:03 pm

    @debbie: yes, this mom was turned in by a neighbor who was chortling over turning her in.  It sounded like he wanted to use her kid to get back at her for a personal beef.  Despicable.
    i learned today that the majority of kids taking puberty blockers take them because they are going through puberty too young.  So all those kids will get swept up in the efforts of busybodies snooping into their medical problems too. People who push this stuff never think it might affect them also.

  17. 17.

    Another Scott

    March 1, 2022 at 7:04 pm

    From the ACLU filing:

    I.PRELIMINARY STATEMENT

    1.After the Texas legislature failed to pass legislation criminalizing well-established and medically necessary treatment for adolescents with gender dysphoria, the Texas Governor, Attorney General, and Commissioner of the Department of Family and Protective Services have attempted to legislate by press release. Governor Abbott’s letter instructing DFPS to investigate the families of transgender children is entirely without Constitutional or statutory authority; and despite this, the Commissioner none the less issued a statement directing DFPS to carry out the Governor’s wishes and agreeing to follow a nonbinding legal opinion that did not change Texas law.

    That’s the crux of it, IMHO (IANAL). The Governor is not a king and does not write the law.

    Cheers,
    Scott.

  18. 18.

    Mike in NC

    March 1, 2022 at 7:04 pm

    Abbott and DeSantis should send their resumes to Putin.

  19. 19.

    Dan B

    March 1, 2022 at 7:04 pm

    The other outcome will be the label Child Abuser on the parent(s) record.  It will be more difficult for them to find work with that on their record.

    Cruelty is the added benefit.

  20. 20.

    Mowgli

    March 1, 2022 at 7:06 pm

    As the proud parent of a trans kid that absolutely excelled once he got on testosterone in his teens, I get murderous thoughts when I see this insanity. My kid’s bravery in facing other kids in Georgia every day as out and proud reduces me to tears. These people are absolutely repugnant and evil. More descriptive words fail me.

  21. 21.

    debbie

    March 1, 2022 at 7:07 pm

    @Mike in NC:

    They should deliver them in person. ?

  22. 22.

    Mallard Filmore

    March 1, 2022 at 7:11 pm

    O/T I just watch a YouTube video that says China sold submarines to Thailand …

    … without the engine.

    The problem is that the engine comes from Germany, and Germany will not deliver it to China because China will sell it on to another country.

  23. 23.

    Peale

    March 1, 2022 at 7:13 pm

    @Mallard Filmore: the king of Thailand basically owns a town in Germany. It’s where he prefers to be. So I’m sure he knows the right people.

  24. 24.

    Omnes Omnibus

    March 1, 2022 at 7:16 pm

    @Peale: Who among doesn’t own a town in Germany?

  25. 25.

    Baud

    March 1, 2022 at 7:16 pm

    @Peale:

    The world is such a weird place.

  26. 26.

    Baud

    March 1, 2022 at 7:17 pm

    @Omnes Omnibus:

    Ever been to Baudberg?

  27. 27.

    japa21

    March 1, 2022 at 7:17 pm

    @Omnes Omnibus: ​
      I thought Omniburg belonged to you.

  28. 28.

    Baud

    March 1, 2022 at 7:18 pm

    @Mowgli:

    If I’m on your jury, I will vote to aquit.

  29. 29.

    Dan B

    March 1, 2022 at 7:19 pm

    @Mike in NC: Putin and some Russian oligarchs have connections to anti- LGBTQ groups in America and Europe.  These are far right notables like Marine Le Pen and Antonio Salvini.  Abbott and Death Santa would fit right in, and probably already know several of the right wingers

    They don’t just stick to authoritarian and nationalist causes.  They’re on board with the full gamut of racism, anti-abortion, and anti-LGBTQ.

  30. 30.

    Omnes Omnibus

    March 1, 2022 at 7:19 pm

    @Baud: Only place in Germany where the lederhosen are chaps?

  31. 31.

    Bill Arnold

    March 1, 2022 at 7:20 pm

    @Mike in NC:

    Abbott and DeSantis should send their resumes to Putin.

    Sorry, no. They are both happy with their current employer, Satan, and with their assigned work.

  32. 32.

    mrmoshpotato

    March 1, 2022 at 7:22 pm

    @Baud:

    Ever been to Baudberg? 

    I’m trying to forget about that hellhole.

  33. 33.

    columbusqueen

    March 1, 2022 at 7:24 pm

    The malicious neighbor deserves to have his balls chopped off. I’ll volunteer.

  34. 34.

    Omnes Omnibus

    March 1, 2022 at 7:26 pm

    @Bill Arnold:  Maybe too far even for him….

  35. 35.

    Immanentize

    March 1, 2022 at 7:27 pm

    I am so sorry I can’t hang around right now. This is a great discussion.

    But think! This is a dry run of the post-Roe effort. There will be miscarriage police and prosecutions.

    Do not doubt this leads to that.

    Love you all, Bye!

  36. 36.

    Rusty

    March 1, 2022 at 7:27 pm

    Roe is the headline, but the reactionaries on the Supreme Court want to turn back Griswold also.  It’s about birth control, but it set the precedent for a right to privacy, particularly around issues of sex.  If they overturn Griswold, which I think they will do, then there is no right to privacy and the state can regulate sex including gender.  This what conservative want, to regulate everyone’s sex life and gender.  It’s all sickening.

  37. 37.

    UncleEbeneezer

    March 1, 2022 at 7:29 pm

    @Mowgli: So sorry you both have to deal with this bullshit.  Your son’s courage is very inspiring.  Virtual hugs to you both.

  38. 38.

    OzarkHillbilly

    March 1, 2022 at 7:32 pm

    Being Trans? Not A Crime.

    Obviously, you haven’t been to Texas lately.

  39. 39.

    Baud

    March 1, 2022 at 7:33 pm

    @Omnes Omnibus:

    Only place in Germany where the lederhosen are chaps?

     
    I like to say it’s the first place in Germany where that’s true.

  40. 40.

    Lyrebird

    March 1, 2022 at 7:34 pm

    @MisterDancer: hurts to see them spread their poison to people who’ve done no one, any damn harm!

    You’re darn tootin!  THANK YOU for posting this, I think I need to go give some munny to the ACLU.

     

    GRRRRR

     

    And go MazeDancer, best of luck with your other projects!

  41. 41.

    Lyrebird

    March 1, 2022 at 7:35 pm

    @Mowgli:

    My kid’s bravery in facing other kids in Georgia every day as out and proud reduces me to tears.

    Me too, even just hearing you talk about his courage!

     

    Go Mowglison!

  42. 42.

    Martin

    March 1, 2022 at 7:36 pm

    Transgender individuals are welcome here in California. Sorry it’s so expensive, but my kids have had multiple transgender friends since they were about 7. So, 15 years? Pretty normal. Kids don’t even remark if their friend is transgender, they are just who they are.

    Related to Texas’ culture war self-immolation, Dan Patrick has proposed ending tenure for public university faculty so that he can fire them for teaching ‘critical race theory’. Sorry UT Austin, you were a good university. Your faculty are about to be mercilessly poached by the UC system. We made bank when Walker went after UWisc.

  43. 43.

    SiubhanDuinne

    March 1, 2022 at 7:44 pm

    This is just stomach-churning horrible.

  44. 44.

    Dan B

    March 1, 2022 at 7:48 pm

    @Martin: We have a couple friends, gay couple, who moved from Seattle to Austin about six years ago.  I’m not sure how they’re feeling about Texas now.  My year in the Jim Crow south was more than enough to convince me I have zero interest in being in the most liberal cities in the south.

  45. 45.

    Jager

    March 1, 2022 at 7:51 pm

    @mrmoshpotato:

    The beer was flat and so were the barmaids.

  46. 46.

    Bodacious

    March 1, 2022 at 7:51 pm

    W! T! F!

    Man, this is just beyond abhorrent. I feel sick.

  47. 47.

    Immanentize

    March 1, 2022 at 7:52 pm

    @Baud: this, my friend, is the greatest short story ever written about lederhosen. or perhaps ever will be. I wept the first time I read it (Japanese author):

    Lederhosen
    I hope this link works because it is beautiful beyond words. Or: Lederhosen by MURAKAMI Haruki.

  48. 48.

    Sister Golden Bear

    March 1, 2022 at 7:54 pm

    Being trans isn’t a crime — but not for lacking of Republicans trying to make it one

    In addition to Texas, Republicans have been pushing at least 180 anti-trans bills since the beginning of the year alone. They truly want to eradicate us — a term I don’t use lightly — from public life, if not literally.

    And I doubt they’ll stop at just persecuting parents. I’m honestly surprised they haven’t yet passed an abortion-bounty style law against healthcare providers, teachers who refer to students by their proper gender, etc. Likewise, employers who don’t discriminate against trans employers and customers.

  49. 49.

    Schmendrick

    March 1, 2022 at 7:56 pm

    Last Thursday Watergirl posted a righteous rant written by John Pavlovitz link here, called When Americans Support Murderous Foreign Dictators.  It was so eloquent, I went to his website and read several other essays which also resonated strongly with me.  So I did something unusual — I pulled out my credit card and ordered a signed copy of one of his books, called “Stuff That Needs to be Said”.  It arrived a few hours ago.  Consider this my review — and as I think you will see, it is on topic for this thread.

    The book is a compendium of about 50 brief essays grouped in three sections by general topic.  The topics are “Stuff That Needs to Be Said About …”

    1.  Religion, Faith, Sex, and the Church;
    2. America, Race, and Politics;
    3. Life, Death, Grief, and Depression.

    I opened the book and started with the first essay and couldn’t stop reading.  I can’t remember ever being so profoundly moved by an author.  By the time I finished I had decided to order more copies to share with my family.

    The first section mostly addressed the intolerance of much of the American so-called Christian Church towards the LGBTQ community in a way that rang true with al of the lessons I learned in Sunday school so many years ago.

    Here is a quote from a post from last Friday

    https://johnpavlovitz.com/2022/02/25/lgbtq-friends-i-see-you/

    To my LGBTQ+ friends who feel more assailed and harassed than ever, I can’t magically make the bigots and the bullies disappear.
    I can’t undo predatory and punitive legislation in an instant.
    I can’t suddenly make ignorant and fearful people more compassionate or intelligent.
    I can’t provide you safe passage through the daily taunts and threats and unprovoked attacks you endure in the places you work, study, shop, worship, and travel.
    I can’t make the sadistic politicians or the predatory pastors see their sins and fall down in tearful repentance.

    I can only tell you that I am with you in this life and will do all I can to help clear a path, so that one day you can rest and breathe and exhale into your life the way you deserve to.

    I am committed to making this tomorrow a reality for you.

    But for today, as filled with heartbreak and sadness as it is—know that I see you.

  50. 50.

    Citizen Alan

    March 1, 2022 at 7:57 pm

    I don’t consider Republicans to be fully human. I honestly don’t think they have souls. I literally cannot conceive of that level of hate. It’s demonic.

  51. 51.

    Benw

    March 1, 2022 at 7:57 pm

    Absolutely disgusting. Especially horrendous because of the transparently cynical switch to terrorizing trans/non-binary people once gay folks didn’t make good targets anymore.

  52. 52.

    burnspbesq

    March 1, 2022 at 8:02 pm

    I’ve been a member of the ACLU since high school. Always money well spent.

  53. 53.

    C Stars

    March 1, 2022 at 8:03 pm

    Yeah, thanks for front-paging this. Another parent of a trans kid here. Just heard a radio segment on this. Apparently CPS can be sent to your house (& the implication is potentially remove your child) based on reports from neighbors etc. Pure evil.

  54. 54.

    Brachiator

    March 1, 2022 at 8:03 pm

    On February 25, 2022, a DFPS Child Protective Services (CPS) investigator visited the Doe family’s home to interview Jane Doe, John Doe, and Mary Doe.[…]the CPS investigator sought access through releases to Mary Doe’s medical records, which the Doe Plaintiffs refused to sign.

    I know that people need jobs, and cannot always easily quit, but I find it sad and alarming that the social workers could participate in this vile “investigation” because of this immoral new law.

  55. 55.

    Elizabelle

    March 1, 2022 at 8:04 pm

    May we have a thread for the SOTU?

  56. 56.

    MC

    March 1, 2022 at 8:05 pm

    I’m transgender. Thank you for writing this post.

  57. 57.

    burnspbesq

    March 1, 2022 at 8:07 pm

    @Sister Golden Bear:

    I’m honestly surprised they haven’t yet passed an abortion-bounty style law against healthcare providers

    They tried but failed in the last regular session of the Legislature. They’ll try again next year.

  58. 58.

    FelonyGovt

    March 1, 2022 at 8:08 pm

    @Martin: For sure. A trans friend moved from California to Arizona. He was and is SHOCKED about the poor health care he is receiving in Arizona- refusing to perform a hysterectomy, refusing to call him his correct name, etc..  and he is having to travel back to California for his care.

  59. 59.

    Harrym

    March 1, 2022 at 8:14 pm

    The Munchausen Moms sure are mad about this.

  60. 60.

    The Pale Scot

    March 1, 2022 at 8:25 pm

    @Citizen Alan:

    If you feel pain, you’re alive.

    If you feel other’s pain, you’re human

    Tolstoy?

  61. 61.

    Central Planning

    March 1, 2022 at 8:36 pm

    I have a 20-something trans daughter and this shit enrages me. I can’t for the life of me figure out why people get off on being cruel to others, or why they even care what label someone got at birth.

    And ultimately, what does the label of male or female really do besides cause hate and discrimination?

  62. 62.

    Sister Golden Bear

    March 1, 2022 at 8:55 pm

    @burnspbesq: oh I’m well aware. I’m just surprised they weren’t able to pass it.

    It should be noted that Abbot unilaterally ordered this precisely because they couldn’t pass the law.

  63. 63.

    lowtechcyclist

    March 1, 2022 at 9:11 pm

    @phdesmond: ​
     

    Gov. Abbott is a repugnant human being.

    As is anyone who votes for him.

    As Adam Serwer says, the cruelty is the point. This is hurting people just to hurt them. Because he can, and because his supporters think it’s great.

  64. 64.

    Mousebumples

    March 1, 2022 at 9:17 pm

    @Gretchen: I’m not sure on “the majority” (eg, I don’t know who would tally those numbers), but the FDA approval for many of those drugs, in the pediatric population, is related to Central Precocious Puberty – or early puberty onset (eg under 10 years old).

    It is well supported, clinically, that these same treatments can also hold off puberty for those with gender identity issues. Whether that’s because a transition is planned or because the child (and family) are determining next steps, I’ll defer to the endocrinology/etc., specialists.

    But forcing a child who feels that they are not the gender assigned at birth to go through puberty feels like actual child abuse to me. ?

  65. 65.

    Ksmiami

    March 1, 2022 at 10:00 pm

    @lowtechcyclist: and Omnes got mad at me because I basically have come to the conclusion that we can’t share a country with these vile ppl. It’s us or them.

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