Austin City Council passes transgender protection resolution to combat SB 14

With only one vote against, the Austin City Council voted in favor of agenda item 64, a transgender protection resolution. 

The item was put forward by council member Chito Vela in hopes of offering some sort of protection to transgender children and their families following the passing of SB 14, a law passed last year that bans access to gender-affirming health care for minors. 

"While the state has chosen to bully our trans friends, family, and neighbors to score political points, the City of Austin will not. To the trans community of Austin, our constituents, or neighbors or friends or family: you are welcomed here, you are loved, and we will do everything we can as a city to help protect you from bigotry," said Council Member Zo Qadri.

The item now recommends that city funds not be used to investigate transgender healthcare. It also directs Austin police to make enforcement of SB 14 its lowest priority. 

That is something council member Mackenzie Kelly made clear she does not agree with. She was the sole vote against this item.

"It really directs city personnel to once again flaunt state law by prioritizing enforcement of certain laws, going so far as to stifle inter-agency cooperation and communication between state and local law enforcement. To me, this resolution sends an explicit yet confusing message to our law enforcement officers to act in conflict with state law," she said.

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Texas Attorney General Ken Paxton issued the following statement reminding the City of Austin of the obligations Texas municipalities have to follow all state laws relating to prohibited treatments for children.

"On May 2, 2024, the Austin City Council passed a resolution that purportedly directs the City Manager and city employees not to comply with Texas’s prohibition of puberty blockers, cross-sex hormones, and invasive surgeries for children who believe their gender is different than their biological sex. Riddled with problems, the resolution starts with the falsehood that such prohibited treatments have ‘proven to be evidence based, medically necessary, and lifesaving.’ In addition to a growing body of medical research rejecting such claims, Texas concluded that the proposed treatments for minors are dangerous, and banned the practices by passing SB 14. 

"Further, the resolution is no more than an empty political statement. Each clause directing the City Manager to defy SB 14 is prefaced with the nonsensical qualification, ‘except to the extent required by law.’ In other words, the Austin City Council would order the City Manager and city employees to follow the law while pretending to say the exact opposite. 

"If the City of Austin 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. The people of Texas have spoken, and Austin City Council must listen."