In yet another attack on transgender rights, Texas Attorney General Ken Paxton has issued a nonbinding opinion declaring that court orders allowing transgender Texans to change the sex marker on their identification documents are invalid. His directive urges state agencies to reverse previously approved changes, potentially stripping transgender individuals of their legally recognized identities and exposing them to discrimination in nearly every aspect of daily life.
Paxton’s 19-page legal opinion, released Friday, claims that the Texas Department of Public Safety (DPS) and the Department of State Health Services (DSHS) have no obligation to abide by court orders permitting transgender Texans to update the gender marker on driver’s licenses and birth certificates. In what can only be described as an extraordinary overreach, Paxton asserted that state agencies must now “immediately correct” documents that were changed based on such orders.
A Dangerous Directive
If state agencies comply with Paxton’s opinion, thousands of transgender Texans could wake up to find their driver’s licenses and birth certificates reverted to their assigned sex at birth. This could make it nearly impossible for them to navigate basic activities like applying for jobs, housing, and healthcare.
“This is nothing short of a political stunt at the expense of real people’s lives,” said Ash Hall, Policy and Advocacy Strategist on LGBTQIA+ Rights for the ACLU of Texas. “Paxton’s opinion cannot supersede legally binding court orders, and state agencies have no authority to retroactively change someone’s valid legal documents.”
Brad Pritchett, interim CEO of LGBTQ advocacy organization Equality Texas, called the opinion “a manufactured crisis.”
“His job is to interpret the law, not create it,” Pritchett said. “Paxton is attempting to undermine the legitimacy of our courts and strip trans Texans of their ability to live safely and openly. If state agencies follow this directive, nearly 100,000 trans people in Texas could be put in harm’s way.”
Weaponizing Bureaucracy Against Trans Texans
This latest attack follows months of escalating restrictions targeting transgender people in Texas. In August, DPS and DSHS quietly stopped accepting court orders for gender marker changes on state-issued IDs and birth certificates. Now, Paxton is going even further, claiming that any such changes granted in the past should be reversed.
This legal crusade is eerily reminiscent of Paxton’s 2022 efforts to obtain a list of all Texans who had updated their gender markers on driver’s licenses—an attempt that raised alarm bells about potential government surveillance and targeting of trans individuals. At the time, DPS refused to comply, citing logistical difficulties. But now, the agency appears to be moving closer to enforcing Paxton’s latest directive.
While both DPS and DSHS have stated that they are “reviewing” the attorney general’s opinion, it remains unclear what action, if any, they will take. Even if they were inclined to comply, reversing these changes could be an administrative nightmare. The DPS has previously admitted that it does not systematically track gender marker updates, raising doubts about how the agency could even implement Paxton’s demand.
A Legal Battle Brewing
Despite Paxton’s bluster, his opinion carries no legal weight. The attorney general’s own website clarifies that his opinions are “advisory” and that his office “has no authority to enforce its opinions.” However, given the political climate in Texas, advocates worry that state agencies might attempt to follow through, setting the stage for a lengthy and costly legal battle.
“This is government overreach in its most extreme form,” Hall said. “We should all have identity documents that match who we are as a matter of basic safety. Paxton cannot erase transgender Texans’ right to exist.”
Should DPS or DSHS attempt to retroactively revoke gender marker changes, affected individuals will likely be forced to fight back in court. Legal experts predict that such a move would not withstand judicial scrutiny, particularly given past rulings affirming transgender people’s rights to update their identification documents.
What’s at Stake?
The implications of this directive go beyond bureaucratic headaches. For transgender Texans, having accurate identification is essential to everyday life. Mismatched documents can lead to everything from being denied employment to facing harassment when trying to vote. Without proper identification, even the most basic interactions with law enforcement, medical providers, and financial institutions can become dangerous encounters.
Moreover, this policy could create legal chaos, with some transgender Texans having their documents revoked while others retain theirs, depending on how aggressively state agencies pursue Paxton’s demand.
“This is about making life unlivable for trans people in Texas,” Pritchett said. “Paxton knows exactly what he’s doing—putting a legal target on the backs of our community. But we won’t back down. Trans Texans belong here, and we will fight to ensure their rights are protected.”
The Bottom Line
While Paxton’s opinion is not legally binding, it is yet another reminder that Texas’ leadership remains committed to stripping away the rights of transgender people. Advocates are calling on affected individuals to seek legal counsel and for allies to pressure state agencies to reject this dangerous and unnecessary directive.
For now, the fate of transgender Texans’ identification documents hangs in the balance. But one thing is clear: the fight for trans rights in Texas is far from over.
