Off the Kuff Rotating Header Image

UT Southwestern

Gender affirming care is happening in Dallas

Some good news that I had not been fully aware of.

The Dallas doctor who ran the state’s most prominent medical program for transgender youth says she has seen dozens of new patients since crucial court wins this summer and fall.

Dr. Ximena Lopez has seen 72 additional patients since May, when a Dallas judge allowed her to resume treating transgender youth newly seeking care at Children’s Medical Center Dallas. In September, Lopez celebrated another victory when the Dallas appeals court ruled the state also could not step in to halt these treatments.

The mandate in that appeal was issued Dec. 5, finalizing the decision.

Brent Walker, Lopez’s lawyer, said the number of new patients interested in gender-affirming care shows his client’s treatments are needed. He criticized the state of Texas, represented by the Office of Attorney General Ken Paxton, for trying to intervene.

“The only reason the Attorney General was trying to get into this case was for the sake of his personal politics, not because of his constitutional duties and certainly not because he has concerns about these children and parents, who need the kind of care Dr. Lopez and the others provide,” Walker told The Dallas Morning News in a statement.

Representatives with Paxton’s office did not respond to a request for comment.

The rulings mean transgender adolescents in North Texas will have access to treatments like puberty blockers and hormone therapy until the case goes to trial as lawyers and politicians across the state continue to fight over the legality and efficacy of gender-affirming care.

[…]

Lopez, a pediatric endocrinologist who ran the program, sued Children’s over the Genecis decisions in May.

That month, Judge Melissa Bellan granted Lopez an injunction that allowed her to temporarily resume admitting new patients seeking medical treatments. Children’s agreed to the injunction, which will last at least until a trial is slated to start in April 2023. The decision was a huge win for Lopez, who immediately began to take appointments.

Objecting to the resumption in care, Paxton sought to intervene in the case on the grounds that his office believes these treatments can constitute child abuse.

In June, Bellan ruled against Paxton, who quickly appealed her decision.

On Sept. 23, the 5th Court of Appeals in Dallas agreed with Bellan that the state cannot intervene. The three-judge panel – two Democrats and one Republican – that issued the ruling did not elaborate on its reasoning.

See here, here, and here for some background; there’s more at that first link to go farther back, when both Children’s Medical Center and UT Southwestern both ceased offering these services in response to pressure from Greg Abbott. The last update I had was about Paxton’s appeal to the Fifth Court; I had not seen that there had been a ruling against him. This is a great victory but likely to be a temporary one. Even if Dr. Lopez prevails in the trial, you can be sure that the Lege will have a bill to send to Abbott to specifically outlaw what she’s doing. This fight is going to be bigger and longer and harder than this court case. But at least in the meantime, kids who need this help can get it.

Paxton still trying to intervene in the Genecis case

Never stop never stopping.

Best mugshot ever

Texas Attorney General Ken Paxton is attempting for the second time to intervene in a legal fight over gender-affirming medical care at two Dallas hospitals.

In an appeal filed this month, Paxton said that a lower court judge erred in ruling the state could not intervene in Dr. Ximena Lopez’s lawsuit against Children’s Medical Center of Dallas.

Lopez sued in March to reverse the decision to halt certain treatments for new patients and remove the branding at Genecis, a program for transgender youth that Children’s ran with the University of Texas Southwestern until November. While the program itself remains dismantled, a lower court judge ruled in May that Lopez could treat new patients using puberty blockers and hormone therapy while her case is being litigated.

In his appeal, Paxton said the state has an interest in the case because Lopez is challenging his interpretation of Texas law and has accused the governor of pressuring the hospitals to make changes at Genecis. He added the state acted “through” UT Southwestern, a public university, to discontinue certain treatments for new trans patients at Genecis.

See here and here for the background. I got this from the Daily Kos pundit roundup on Saturday, so that’s all I’ve got. In May, the district court judge in Dallas County gave Dr. Lopez and Genecis an injunction through April of 2023 to continue their work. Paxton had petitioned to intervene in the case, since the Children’s Medical Center of Dallas did not pursue an appeal, and we denied at the district court. He’s now appealing to the Fifth Court of Appeals – the state appeals court, not the federal one – with the goal (I presume) to put a hold on the injunction as the litigation proceeds. That’s about all I can glean from this excerpt, so we’ll see what that court has to say. I would expect Paxton to continue on to SCOTx if he loses again.

Treatments for trans youth at Dallas hospital can continue until April

More good news.

A Dallas County judge has granted a nearly one-year injunction against Children’s Medical Center Dallas that will allow doctors there to continue intake of transgender youth seeking certain medical treatments.

Judge Melissa Bellan signed a temporary injunction Monday that lasts until next April, replacing a two-week temporary restraining order granted May 12. Requested by Dr. Ximena Lopez, both the injunction and the restraining order halted the hospital’s recent decision to stop providing certain medical treatments, such as puberty blockers and hormone therapy, to new transgender patients while a court battle continues over whether to reverse the policy altogether.

It’s the latest legal win for Lopez, who led the Genecis program for transgender youth that Children’s ran jointly with UT Southwestern until last November. She started her court battles with the hospitals in March with the goal of restarting care for new patients.

The injunction was agreed upon by both Lopez and Children’s and will stay in place until a trial currently set for April 18, 2023. At that time, a judge will decide whether the injunction should be made permanent.

[…]

“Justice has been done for these patients and families. Life-saving care was taken away from them for no legitimate reason and with no reasonable alternative,” Lopez said in a statement to The Dallas Morning News. “It is unfair for patients and providers to have to go through litigation to fight for their right to receive and provide medical care, respectively.”

Children’s declined to comment on the injunction. UT Southwestern, which is also subject to the order, has not responded to a request for comment.

Lopez’s attorney, Charla Aldous, applauded the mutually-agreed-upon order.

“Even in litigation, there are times the parties can get together and do what’s right. And I’m thankful Children’s agreed to this extension, for the sake of families and children. It’s the right thing to do,” she said.

Attorney general Ken Paxton has asked the court to allow him to intervene on behalf of the state in Lopez’s legal battles with Children’s Medical Center Dallas. The judge has not responded to his request for intervention.

See here, here, here, and here for some background. I’m writing this just before Runoff Day results start coming in so I don’t have the usual brain space to think about it, but this is a good result. We’ll see what happens with the request to intervene. Kudos to Dr. Lopez for pressing the issue. The 19th has more.

Paxton seeks to intervene in GENECIS case

This is what I was worried about.

Texas Attorney General Ken Paxton wants the state to intervene in a court battle over medical care for transgender youth at a Dallas hospital.

Paxton filed a petition in a Dallas County court Tuesday night asking that the state be allowed to get involved in the case between Children’s Medical Center Dallas and the doctor who once led its Genecis medical program. A judge recently granted Dr. Ximena Lopez’s request to temporarily resume her regular practice after Children’s and UT Southwestern, which jointly ran the program, last year stopped providing certain medical treatments for adolescent patients newly seeking care for gender dysphoria.

The attorney general is arguing that transgender adolescents should be blocked from accessing treatments such as puberty blockers and hormone therapy, which he says may constitute abuse but which are broadly supported by the medical community.

“In order to protect its interest … in the welfare of children subject to this life-altering decision in the hands of a doctor, the state surely has a right to intervene in this matter,” Paxton and his top deputies wrote in their brief.

The brief didn’t offer a detailed explanation of how the state wants to affect the case. Neither Paxton nor Abbott responded to requests for comment.

Lopez’s legal team filed a response Wednesday evening, saying that the attorney general’s intervention is politically motivated. The team also filed an emergency motion to shorten the time before a temporary injunction hearing currently scheduled for May 26. The temporary injunction, if granted, could extend the pause on Children’s decision to stop providing certain care for new transgender adolescent patients.

[…]

“Through his filing, the attorney general is saying that he and the state should decide what is best for Texas children instead of their parents and chosen physicians,” Lopez’s attorney Charla Aldous said in a statement. “That’s a very dangerous path to follow when we’re talking about parents who are literally trying to secure lifesaving, internationally recognized standard-of-care treatment for their kids.”

See here, here, and here for some background. This is completely unsurprising, but hopefully the court will swat it aside. It would be nice if UT Southwestern took the position that this is just between them and the doctor and the state should butt out, but I doubt that will happen. I’ll keep an eye on this to see where it goes from here.

Dallas gender affirming care unit can reopen

Some good news for transgender kids and their families.

A Dallas-based program that offers mental health services and hormone treatments to transgender children may resume the therapy for new patients for the first time since November, after a judge on Thursday temporarily cleared away legal barriers to the practice.

The program director, Dr. Ximena Lopez, had filed a lawsuit in March against Children’s Medical Center in Dallas for shutting down operations to new patients last fall at the GENder Education and Care, Interdisciplinary Support (GENECIS) program, which is housed at the hospital and run jointly by it and UT Southwestern Medical Center.

Thursday’s temporary restraining order banned those restrictions for the next two weeks, and within hours after the decision, five new patients had been scheduled at the center.

“It’s powerful,” said Dallas lawyer Charla Aldous, who represents Lopez. “This is going to affect the lives of children. It really is.”

The GENECIS center was formally dissolved in November, which meant that patients already enrolled in the program still had access to the hormone therapies, but that new patients had to be turned away for those services.

Since November, the clinic has had to turn away about 100 families with children who wanted to begin the treatment at the center, Aldous said. The center had also been told that starting next month, it would no longer be allowed to start gender-affirming hormone therapy for any patients, including those already being seen by mental health doctors there.

Another hearing is set for May 26 in Dallas County Court-at-Law Judge Melissa Bellan’s courtroom to determine the path forward for the clinic. The lawsuit demands the hospital allow clinic doctors to offer what they describe as lifesaving treatment to young people with gender dysphoria and similar issues.

The clinic does not offer surgical options or gender confirmation surgery for either children or adults. Under the gender-affirming model of care, more time is spent allowing kids to socially transition instead of focusing on medical treatment. A social transition consists of the steps a child takes to affirm their identity. An example could include allowing a child assigned male at birth to wear clothing, grow their hair or use a different name that better fits their identity.

GENECIS was dissolved after facing months of pressure by socially conservative political leaders and activists, who organized protests targeting hospital board members and accused the program of committing child abuse.

Bellan wrote in her Thursday order that Children’s Medical Center had violated the law by “interfering with, controlling, or otherwise directing any physician’s professional judgment” and by “discriminating against patients on the basis of the patient’s gender identity and directing (Lopez) to violate the law by discriminating against patients on the basis of a patient’s gender identity.”

The ruling barred Children’s Medical Center from prohibiting GENECIS doctors from restricting puberty blockers or hormone therapy to existing or new patients to treat gender dysphoria as part of gender-affirming care.

If the hearing in two weeks goes in their favor, Aldous plans to ask for an immediate ruling on the suit “to make this decision final.”

“Dr. Lopez is very relieved that she can now treat her patients in the manner in which she has been trained to do and what the standard of care requires,” Aldous said. “She’s thrilled with the court’s decision.”

See here and here for some background. Assuming the subsequent hearing gets the same result, the main question to me is whether there is an appeal, and if so by whom. I don’t think UT Southwestern would care to continue to fight this, but for sure there will be plenty of others who would. Would they be allowed to intervene, I wonder? You lawyers may feel free to speculate, the rest of us will have to wait and see.

UT Southwestern doctor sues over closure of gender affirming care clinic

Good.

The doctor who led UT Southwestern’s program for transgender youth is taking her employer to court to find out why the hospital abruptly cut care for new patients last year.

In a petition filed in Dallas County court on Wednesday, Dr. Ximena Lopez said UT Southwestern’s decision to halt certain gender-affirming health care provided by the Genecis program violates the university’s nondiscrimination policy and keeps her from treating patients according to her independent medical judgment.

Genecis, a seven-year-old program run by UT Southwestern and Children’s Health, was unique in Texas and the only program created specifically to provide gender-affirming care to minors in the region. The hospitals quietly cut off certain treatments to new patients in November.

“That edict is patently prohibited discrimination. It is illegal,” the petition reads. “It potentially exposes Dr. Lopez to legal liability. The only question is: who is dictating this illegal policy and why?”

The court filing, known as a 202 petition, allows attorneys and their clients to investigate claims before filing a lawsuit. It marks the first time one of the program’s leaders has pushed back in such a public way against the university’s decision to close Genecis to new patients.

Lopez’s lawyer provided a copy of the petition exclusively to The Dallas Morning News.

Lopez is asking the university and Children’s Health to turn over documents, including communications that might show pressure from elected officials triggered the changes at Genecis, and wants top officials to sit for depositions. The petition notes the information sought will allow Lopez to decide if and against whom she files a lawsuit seeking to overturn the university’s decision to cut off care to new transgender patients.

Lopez told The News she tried everything should could, including getting medical groups to urge the hospitals to restore care, before filing the petition. She said her requests that university leadership meet with physicians and patients affected by the change were denied.

[…]

Lopez told The News she believes UT Southwestern changed the Genecis program because of political pressure and said while she respects the university, she understands she may be putting her job on the line.

“I would like to think an institution as renowned and as well-respected as UTSW would not bow to such pressure, but reality tells me to be afraid of retaliation. Instead of standing up for what is right and being true to the values of this institution and our obligations as physicians, they got rid of the clinic that was causing them trouble with extremists and politicians. Therefore, they could also try to get rid of me,” Lopez said.

In her petition, Lopez said UT Southwestern told her “either the governor or the governor’s office has exerted political pressure on [UT Southwestern] to close the
Genecis clinic and to stop clinicians from providing gender-affirming care.”

Among those she wants questioned on the record are UT Southwestern President Dr. Daniel Podolsky and UT Southwestern University Hospitals CEO Dr. John Warner.

See here for the background. I don’t know that anything Dr. Lopez does can overturn this decision, but I appreciate the fight. At the very least I hope we learn more about what happened. All respect to you, Dr. Ximena Lopez.

How Republicans bullied a gender affirming care clinic into closing

Gross.

Leaders of a now-defunct health clinic — known for years as the largest program of its kind for transgender youth in Texas — came under pressure to restrict gender-affirming care from the governor’s office and a state House investigative committee, according to recordings of internal meetings among hospital leadership and staff obtained by The 19th.

Hospital administrators and doctors at GENder Education and Care, Interdisciplinary Support (GENECIS), a state-run medical institution, struggled to reconcile halting care with the knowledge that doing so could severely jeopardize the mental health of their patients, the recordings reflect.

GENECIS, which was jointly run by the University of Texas Southwestern Medical Center and Children’s Medical Center Dallas, quietly closed to new patients in November, with all references removed from the Children’s Health website. The 19th obtained nearly five hours of meetings among UT Southwestern leadership and staff, as well as staff and leadership at Children’s Medical Center and GENECIS employees, that took place during 2021 and 2022.

The shuttering of GENECIS is part of Texas officials’ efforts to restrict health care and full access to services for trans youth. Gov. Greg Abbott called three special sessions of the Texas legislature that prioritized anti-trans legislation, pledged to take action against gender-affirming care for trans youth, and has backed the state attorney general’s interpretation that giving puberty suppressing drugs and hormone therapy to trans youth is child abuse. These moves have put multiple parents seeking care for their trans children under investigation by the state. (A state court issued an injunction on Friday evening blocking these investigations.) On a March 2 call with reporters, Abbott’s campaign reportedly described the push to investigate parents of trans kids as a winning issue.

[…]

The hospital leadership and staff at GENECIS began to discuss the political pressure on the clinic as early as July, according to the recordings, as the Texas investigative committee looked into their work and the governor’s office probed for more information.

Meetings among hospital leadership and staff beginning last summer portray disarray and distress. They worried that halting care could lead to suicides and poor mental health among trans youth in a state with few options.

“How can we minimize the risk of suicidality in patients who could otherwise have come into GENECIS? I think that’s a very high priority,” Dr. Perrin Whitedirector of pediatric endocrinology at UTSW, said at a November meeting.

“We’re taking away the life-saving medical care for the new patients,” one GENECIS employee said in response. “If we’re mitigating suicidality, let’s be clear, it’s because in large part, we’re taking away medical care.”

The GENECIS team was instructed by UT Southwestern leadership in November to stop prescribing hormone treatment and puberty blockers to new patients, several days after the website suddenly came down on November 12. Existing patients were allowed to continue all treatment, but new patients would only be able to access psychiatric evaluation and counseling, and be evaluated for gender dysphoria.

Physicians and staff debated how to maintain some semblance of care for trans youth under their new normal. Several GENECIS staff members raised concerns that the program was not designed to offer psychological care alone — and that the ultimate point of evaluating patients’ mental health is to determine whether they can receive hormone treatment or puberty blockers, considered life-saving care by families of trans kids and many of the physicians who work with them.

Access to hormone therapy and puberty-suppressing drugs, widely recommended by medical authorities, is linked to lower rates of suicidal ideation and improved mental health among trans youth. Kids who received one year of hormone therapy through GENECIS reported small to moderate improvements in symptoms of depression, per research by leaders of the program published in the American Academy of Pediatrics in March 2020.

Evan Singleton, 19, who lives outside Dallas, told The 19th that he believes the gender-affirming care he received through GENECIS — puberty blockers and hormone treatment — saved his life.

“I feel scared and sorry for these kids that can’t get the help that they need,” he said. For him, starting puberty blockers soon after he turned 10 was a relief. His mother, Mela, added that finding a way to halt her son’s puberty afforded her time to learn the best course of action for her child’s future, while halting the extreme emotional distress caused by his puberty.

There’s more and you should read it. The Dallas Morning News and the New York Times were on this as well. Here’s a bit of interest from the latter:

Since its founding in 2014, the Genecis clinic had offered patients aged 5 to 21 counseling, pediatric care and, starting at adolescence, puberty-blocking drugs and hormones. (The clinic did not perform surgeries.) With no other options for such comprehensive care, the clinic was sought out by families across the state. It also published scientific research about its patients.

“The Genecis clinic has been a leader in producing data about the youth they see — data that everyone on every side of this issue has argued that we need,” said Kristina Olson, a psychologist at Princeton University who studies gender development in children.

Early evidence suggests that these hormone treatments, part of what’s known as “gender affirming” care, improve the mental health of trans teenagers. But few studies have looked at the long-term outcomes of adolescents who take these medications, which may also come with risks, like fertility loss.

Gender-affirming care has been endorsed by major medical groups in the United States. Although some doctors have debated which adolescents will benefit most from such treatments, many say that the decision to take them should be made by patients, their parents and their health care providers, not the state.

Legal experts have also questioned whether shutting down the clinic could constitute discrimination under federal statutes. Pediatric endocrinologists around the country — including those at U.T. Southwestern — routinely prescribe similar drug regimens to children with hormonal disorders who are not transgender.

“The U.S. Supreme Court has held in the ‘Bostock’ case that discriminating because of sex does include gender identity,” said William Eskridge, a professor at Yale Law School. “Ultimately they are denying medical care based upon gender identity.”

The federal government has taken a similar stance. “Denials of health care based on gender identity are illegal, as is restricting doctors and health care providers from providing care because of a patient’s gender identity,” according to a statement released last week by the Department of Health and Human Services.

I suppose this means we should expect more litigation, this time in the federal courts, which unfortunately will mean another opportunity for the Fifth Circuit to act like monsters. Just a reminder, that article from The 19th notes that access to this kind of care correlates with “lower rates of suicidal ideation” in these kids. If it’s really being taken away, Abbott and Paxton and the rest will have blood on their hands. Don’t ever forget that.

We’ve heard a lot from Amber Briggle lately, now here’s an interview with her husband Adam Briggle, who discusses the recent CPS visit to their house, courtesy of Abbott and Paxton.

How long did the interviews last, and what sorts of questions did they ask you?

The whole thing felt like forever, but I guess it took about two hours. It’s humiliating. She asked me first, do I have a history of mental illness? And second, do I have a history of abuse? Like abusing my kids, my wife. Of course the answer is no. Then she asked about our social support network, like what kind of connections do we have in the community. And then she wanted to know what our daily routines are like. She wanted to see the house to see where we have food, to see if we have blankets, to see all the things you would want to see if somebody was really being a child abuser. It was surreal.

[…]

How were your kids reacting to all of this?

Well, Amber and I have been publicly raising a trans child and being a trans-inclusive family in Texas for about seven years now. And until now, we’ve been able to shield our children from the hatred that pervades our country’s politics, but I’m afraid now that it has walked through our door it’s taking a toll on them mentally and emotionally. So we’re not doing well, to put it bluntly. We get through the day, but it’s hanging over all of us.

And they’re pretty young, right? Your son is 14, and you have a 9-year-old daughter. How did you explain to them what was happening?

Well, I don’t know if we did it right. Because you never really imagine being in this situation. But I told the kids, “We’ve done nothing wrong. We never want you to lie. We’re not going to lie about anything. But we’re not going to answer questions, because the government is sending a spy into our house, and we don’t talk to spies. And we’re being interrogated for no legal or moral reasons.” It was, as you might imagine, scary for kids to hear that. But I didn’t know how to sugarcoat it. Because it’s very serious. You know, the consequences at stake for us are losing our child or uprooting our family. I’d lose my job, my health insurance. You look around the country, where could we move? There’s a guy who said he could maybe help me find a job in Arizona, but Arizona is hardly any better with this shit.

[…]

How did it feel, after inviting Paxton to dinner, to see his recent opinion on trans kids and to learn that an investigation was being opened against you?

Like the depths of betrayal, basically. And utter cynicism on his part, that this is just a way to get through a primary season for him, just using us. He knows us. He said at the end of that dinner, he looked at our son, he said, “You got a good kid there.” By the way, it’s the same thing the CPS worker said after our visit. She looked at us and over at our son, who was practicing his cello at that point, and said, “Clearly you’re doing something right because you have wonderful children.” It’s maddening that we are going through this when anybody who meets us is like, “This is just a loving family.”

Have you reached out to Paxton again since the investigation was opened?

No, we haven’t. He’s made it plain that he’s not open to learning. I think what’s going on, like historically in this moment in time, is you have trans folks who feel like they can be out as their authentic selves within circles of friends or within safe communities. And the struggle we’re in now is how to achieve that liberation more widely in public society. And frankly, people like Paxton are just acting as the oppressors preventing that from happening. And at some point, dialogue is impossible with those sorts of people. So we tried, but he’s shown us his hand, and so there’s no point with him anymore.

I would like nothing more for the Briggle family and everyone else in their position than to be left alone. But we have work to do before that can happen.