Introduction to the Issue
Texas Attorney General Ken Paxton has issued an opinion stating that transgender individuals cannot change the sex listed on their driver’s licenses and birth certificates. According to Paxton, any court orders allowing such changes are unlawful and "void." This opinion has significant implications for the estimated 92,900 transgender adults living in Texas.
The Opinion’s Impact
Paxton’s opinion asserts that district court judges do not have the authority to order state agencies to change the sex on state documents. As a result, any changes made in the past must be reversed immediately. The Department of Public Safety, which issues driver’s licenses, and the Department of State Health Services, which handles birth certificates, are currently reviewing the opinion.
Understanding the Opinion’s Weight
It’s essential to note that an attorney general’s opinion is not legally binding. However, it can be used in a court of law to argue a case. The Office of the Attorney General has no authority to enforce its opinions, but state agencies often defer to the attorney general as the state’s lawyer. The reception of this opinion by state court judges, particularly regarding separation of powers, remains uncertain.
Potential Consequences
If state agencies and judges follow Paxton’s opinion, it will render the driver’s licenses and birth certificates of transgender individuals unusable. This could jeopardize the safety of nearly 100,000 trans people in the state. Brad Pritchett, the interim CEO of LGBTQ rights group Equality Texas, criticized Paxton’s opinion, stating that it attacks law-abiding Texans and that the attorney general’s job is to interpret the law, not make it.
Background on the Issue
For years, transgender Texans were able to change the sex listed on their driver’s licenses and birth certificates by obtaining a court order. However, this practice was halted last year, except for correcting clerical errors. State agencies cited Paxton’s questioning of the policy’s legality as the reason for the reversal. Paxton’s new opinion takes this reversal a step further, stating that any "unlawfully altered" documents require immediate correction.
Paxton’s Argument
Paxton argues that state agencies must ensure consistency in the documents they issue and maintain. He claims that there is no Texas law explicitly allowing changes to the sex listed on driver’s licenses and birth certificates. In a press release, Paxton added a political tone to his opinion, echoing President Donald Trump’s recent executive order declaring that there are only "two sexes" that are not changeable.
Conclusion
In conclusion, Paxton’s opinion has significant implications for transgender individuals in Texas. While the opinion is not legally binding, it may still be used to argue cases in court. The potential consequences of this opinion could be severe, jeopardizing the safety of nearly 100,000 trans people in the state. It remains to be seen how state agencies and judges will respond to Paxton’s opinion, but one thing is clear: this issue will continue to be a topic of debate and discussion in the days to come.
