Splitting the Hairs of Facilitation
If the letter writing, blockers, hormones and surgeries are outlawed by TX SB14 then the question becomes, "are the GAC tactics utilized prior to the letter-writing, the social transitioning phase, still allowed since not specifically enumerated in the bill, or are they also illegal? Do they qualify as facilitation?"
Are MHCP Licensees Covered?
TX AG Ken Paxton's Opinion (KP-0518) says, yes, we are. See deeper dive on the logic, here.
Always Begin With Definitions
The two terms, "facilitation" and "intent" are key.
"Facilitation" is defined by the dictionary and the AG's office as the "intent" to move a process forward; the entire process. So when does the facilitation of the physical transitioning segment begin? And how do we determine intent?
There is no carve-out in the bill whereby the concept of "facilitation" applies only to the physical transitioning.
This is underscored by Paxton's Opinion (KP-0518) which indicates SB14 also applies to licensed MH counselors. Since counselors don't typically perform surgeries, the logic indicates that facilitation also includes the affirming tactics typically used by MH counselors.
Facilitation Equals Child Abuse
A more than reasonable case may be made that facilitation also applies to teachers, preachers, parents and anyone else who aids and abets the GAC process prior to when the MHC enters the picture (or after for that matter). In TX that qualifies as child abuse.
Physical Transitioning in Another State?
But what if the letter-writing and physical transitioning stages occur in another state? To be clear, SB14 outlaws the writing of the greenlighting letters, the various puberty blockers, cross-sex hormones and surgical procedures IN TEXAS. It does not, of course, outlaw these items IN OTHER STATES. That's important as we'll see in a moment.
"I'll Just Refer to Another State!"
SB14 also makes referring a patient to another counselor for facilitation of GAC treatment illegal. Again, it doesn't matter what state the receiving counselor is in; referring out for GAC treatment is illegal. Participation/facilitating physical transitioning by a TX licensee is illegal regardless of in which state the letters are written, or the blockers and hormones and surgeries are administered.
There is NO EXCLUSION or carve out in SB14 for physical transitions taking place in another state that makes the social transitioning facilitation segment by licensed TX counselors legal! Read that again.
"Intent" refers to the intended outcome of one's actions.
What did the licensed mental health counselor intend the ultimate outcome of implementing GAC tactics to be? The intent of a therapist's continuance to practice tactics typically recognized by the GAC process as the precursor to physical transitioning can reasonably be assumed to be in pursuance of eventual physical transitioning.
The practice of calling a patient by their cross-sex name, using cross-sex pronouns, the fostering of cross-dressing, chest binders and other "affirming" techniques may reasonably be viewed as "facilitation" of physical transitioning. One may also reasonably conclude this was done with the intent of acquiring physical transitioning services in some state other than Texas since it's illegal here!
The realized physical transitioning of a TX licensee's patient in another state, or their attempts to secure those services out of state, would be a very strong legal indicator of the counselor's intent and guidance. SB14 provides retroactive enforcement rights that extend back to the bill's effective date of Sept 2023.
How to Prove Intent?
At some point in the near future a TX victim of this enlightened chemical and surgical process for dealing with normal identity confusion will come forward. The remorse will have begun and they will want to undo the irreversible damage. They will be beyond upset as will their parents and they will want to burn the house down. It'll be a 5-alarm blaze and they'll target anyone that had anything to do with the facilitation process including their social justice warrior therapist.
Their time spent with a licensed MHC will have begun post Sept 1, 2023 (covered by SB14) and they will probably have proceeded to at least the chemical and hormone treatment stages based on their counselor's recommendations although this will not be necessary. They may even have undergone surgery to remove healthy body parts. Both facilitation and intent will be easy to prove and at the very least someone is losing her license and quite possibly going to prison.
Wrapping This Up
SB14 and the Paxton Opinion (KP-0518) clearly state that any action by any party covered by the bill who facilitates the GAC process, is illegal. It provides no exceptions for facilitation during the social transitioning phase nor any exceptions for medical procedures performed in another state. The licensee's material participation through affirming tactics and referrals is prohibited. Illegal activity through facilitation of the GAC process will result in the forfeiture of their license, if they're lucky. It will settle any remaining disputes over interpretive gray areas, and send a very loud shot over the heads of die-hard SJW counselors and the legacy organizations they listen to.
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