Texas Attorney General Ken Paxton has issued a legal opinion addressing concerns over how government-issued documents reflect an individual’s biological sex. The opinion, released at the request of the Texas Department of Public Safety (DPS), asserts that Texas district courts do not have the authority to order state agencies to change a person’s sex marker on official identification documents.
According to Paxton’s opinion, any court orders mandating such changes are void because they exceed judicial authority, violate sovereign immunity, and interfere with the administrative functions of state agencies. This stance reinforces the state's position that sex, as recorded on government documents, should align strictly with biological reality rather than gender identity.
Legislative and Policy Context
Paxton’s statement follows recent legislative discussions in Texas regarding the regulation of biological sex on state-issued documents. The Texas Senate State Affairs Committee recently reviewed Senate Bill (SB) 406, introduced by Sen. Mayes Middleton (R-Galveston), which seeks to prohibit any future changes to an individual’s sex designation on birth certificates for reasons related to gender identity.
The debate over sex markers on government documents intensified last September when the Texas Department of State Health Services (DSHS) revised its policy, barring court orders as acceptable documentation for changing the sex marker on birth certificates. This policy shift effectively halted the longstanding practice of allowing such amendments through judicial intervention.
Implications of Paxton’s Opinion
Paxton’s opinion goes further, asserting that state agencies must reverse any alterations to birth certificates or driver’s licenses that were made based on non-legally binding court orders. This means that individuals who previously updated their documents through court rulings could see those changes undone.
“It is unreasonable to suggest that the original public meaning of ‘sex,’ in 1936, somehow included a psycho-social concept that had not yet been invented,” the opinion states, arguing that biological sex is an objective reality rather than a fluid concept. Paxton reinforces this view by stating, “there are only two sexes, and that is determined not by feelings or ‘gender theory’ but by biology at conception.”
Additionally, Paxton criticized what he described as “radical left-wing judges” who, in his view, have attempted to override state law with ideological rulings. He emphasized that Texas would maintain a strict approach, ensuring that official documents reflect biological sex as determined at birth.
Political and Social Reactions
The opinion is expected to receive both support and pushback. Conservative lawmakers and advocacy groups who argue for the preservation of biological definitions of sex may see this as a victory for governmental consistency and legal clarity. However, LGBTQ+ rights organizations and civil liberties groups are likely to challenge the opinion, viewing it as an infringement on transgender individuals’ rights and an effort to erase legal recognition of gender identity.
