AUSTIN, Texas — Texas Attorney General Ken Paxton threatened legal action against the City of Austin after the city council passed a resolution that offers protection to transgender children seeking gender affirming care. The city’s new policy established that no city personnel, funds or resources shall be used to investigate, criminally prosecute, a transgender individual or person seeking gender affirming care.
Austin council member Mackenzie Kelly was the only member to vote against the resolution that prohibits city police and prosecutors from enforcing a Texas law that bans transgender children from accessing puberty blockers, hormone treatment and surgeries.
“I caution the community who was even in favor in favor of this item to set their expectations correctly for what we even legally can do in this situation. In that regard, I feel like that was a performative resolution,” said Kelly.
After the resolution passed, Paxton stated that if the city “refuses to follow the law and protect children, my office will consider every possible response to ensure compliance. Texas municipalities do not have the authority to pick and choose which state laws they will or will not abide by.”
“It’s more like a parent and child where the state of Texas has a lot of the power,” said Brian Smith, a professor of political science at St. Edward’s University.
The Texas Regulatory Consistency Act was signed into law last May. It prohibits cities from adopting rules that violate state or federal law. Lawmakers also passed a law to punish so-called rogue prosecutors.
“If the prosecutors, or the district attorney in the City of Austin decides he’s not going to prosecute these, there are ways that you can have them removed,” said Smith.
Rep. Brian Harrison, R-Waxahachie, says he would support a state bill to make council members personally liable for any costs associated with gender affirming care or a less likely scenario, take over the city council all together.
“You can still have some type of a “local governance” but the materiality, the main features, the actual control of the major things that matter in the city need to be I think needs to be debated and discussed to be turn back over to the state legislature,” said Harrison.
LGBTQ+ advocates call the GOP reaction ironic.
“Texas is founded on the principal of local control, so it is really alarming,” Miriam Laeky, with Equality Texas, said.
Even though the city could face political consequences, Council Member Zo Qadri says he voted for the resolution because they want Austin to be a haven for the trans community.
“We refuse to govern with fear. It’s sad and disappointing the attorney general would rather pick fights on this issue that stand up for people he’s sworn to protect,” said Qadri.
The resolution will go into effect next week, but the Austin City Manager could still stop the resolution from going into effect.