Protecting Children or Killing Them?

By Eric George Tauber

CINCINNATI, Ohio — In my last op-ed, I noted that the Governor Greg Abbott and Attorney General Ken Paxton of the State of Texas are issuing orders to classify gender-affirming care for transgender minors as “child abuse.” I have a friend who is a Child Protective Specialist. I cannot use her real name as she is technically not allowed to speak on record to the press. However, “Mirl” has been investigating reports of child abuse and maltreatment for years. So, I recently connected with her for some professional insight about what child abuse is and is not.

(This conversation has been edited for clarity.)

Eric George Tauber: What sort of things would prompt a call?

Mirl: It depends. Some things that I’ve run across were domestic violence, children coming to school with physical marks or bruises. I had a parent overdosing, living in deplorable conditions, children not going to school, children not receiving appropriate medical care for their conditions. Things like that.

EGT: What would you call “deplorable conditions?” Paint the picture.

Mirl: So, in a deplorable conditions case, we’re talking about homes in serious disrepair. For example, peeling lead paint, exposed wiring, hoarding situations…

EGT:You mentioned not receiving medical care. For what?

Mirl: It depends on the situation. A child could have a seizure disorder and not be receiving follow up care and proper medication. There are children with severe mental illness who aren’t being treated. You might have asthma or diabetes and not have proper medication in the home. That sort of thing.

EGT: Give me an example of the kind of conditions where you would need to take a child out of their environment for their own safety.

Mirl: Generally speaking, these are circumstances where there is severe abuse or neglect and there is no other alternative. Abandonment. For example, the parent died or has been arrested and there is no other caregiver.

So, these are the matters that CPS usually investigates. Teachers, coaches and medical personnel are trained to look for signs of abuse such as bruises and cuts and report them to the proper authorities. They do not notify CPS because kids are playing dress-up. Yet, conservatives in Texas now want to add this to the list. It is worth noting that Texas is not allocating any greater resources to deal with the increased caseloads. Investigators just have to deal with it.

These actions targeting the Trans community and their families have absolutely nothing to do with “protecting children,” which is made clear by the following tale:

In 2016, when Texas passed one of the “bathroom bills” denying trans folks use of the public restrooms matching their gender identity, there was the expected outcry from progressive groups. But Amber Briggle, the mother of a then eight-year-old trans son, tried a different approach. Hoping to appeal to his better angels, she invited Texas AG Ken Paxton to their home for dinner. According to Mrs. Briggle, Paxton and her son washed up together and he commented that he missed the time when his own kids were that age.

In February of this year, AG Paxton declared that gender-affirming medical care was now to be considered “child abuse,” stating: “There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted. … Texas Department of Family and Protective Services (DFPS) has a responsibility to act accordingly. I’ll do everything I can to protect against those who take advantage of and harm young Texans.”

Adults who suspect child-abuse have a legal obligation to report their suspicions to the proper authorities right away. Ken Paxton met the Briggles and dined in their home in 2016. It took him five years to report this child’s medical treatment as “abuse.”

What changed? Both Paxton and Abbott are up for re-election this year and we all know that no one wins a Republican primary without the endorsement of the Religious Right.

For at least one Texas Republican, this battle is personal. Jeffrey Younger is running for House District 63 in the Texas House on a platform of outlawing gender-affirming healthcare for trans youth. Younger’s own teenage child Luna is trans-female. Luna’s mother supports her whereas her father does not. Younger declares publicly that “there is no such thing as a trans person.” Younger has lost custody of Luna for that and for being a deadbeat dad who has not been paying his court ordered child support.

One of the definitions of child abuse is refusing a child necessary medical treatment. This gets particularly thorny when a procedure conflicts with religious beliefs such as a blood transfusion for a Jehovah’s Witness or anti-depressants for a Scientologist. Likewise, gender-affirming care conflicts with the convictions of the religious right. However, young people experiencing gender dysphoria are often suicidal. According to medical experts, having a supportive family and affirming medical care is the difference between life and death.

The problem is not only in Texas. Legislators in Tennessee, Mississippi, Oklahoma, Alabama, Arizona, Kansas, Iowa, Wisconsin, Kentucky, and New Hampshire are all considering multiple bills related to transgender medical care. Idaho is going so far as to make it illegal to take a minor out of state for such treatments and are threatening those who do, both parents and medical professionals, with life in prison. Let that sink in. The proposed punishment is life in prison not for taking a life but saving it. Idahoans who commit unintentional vehicular homicide from driving drunk will receive lighter sentences than parents who take their child to Colorado for puberty blockers in order to keep them alive and well.

So why are these actions being taken when they are certain to increase rates of suicidality? At best, trans kids are collateral damage in the latest Culture War. At worst, dead kids are the goal.

Transgender and non-binary people challenge our traditional views of gender roles. Dead kids don’t. Living trans people can articulate their struggles and evoke compassion. Dead people can’t. Living members of the trans community can speak out, organize and vote conservative politicians out of office. Dead people can’t.

This is why the ACLU, the trans community and their allies are fighting these measures cheek by jowl. This is a fight we simply cannot afford to lose. Too many lives hang in the balance.

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Eric George Tauber, a former San Diegan now residing in Cincinnati, is a teacher, performer, and a drama critic. He may be contacted via eric.tauber@sdjewishworld.com