Texas Attorney General Ken Paxton’s new directive challenges court decisions that allowed changes to sex markers on documents, asserting that such actions violate state law and must be undone
Austin, Texas – Texas Attorney General Ken Paxton has declared that state district courts lack the authority to order government agencies to change the sex marker on official identification documents, such as driver’s licenses and birth certificates, in a manner inconsistent with biological sex. The legal opinion, issued in response to a request from the Texas Department of Public Safety (DPS), asserts that agencies must adhere to state law and resist judicial directives that Paxton deems unlawful.
According to Paxton, neither DPS nor the Texas Department of State Health Services (DSHS) has the legal power to alter the biological sex recorded on government-issued documents based on court orders. He further instructed these agencies to correct any previously modified records that were changed due to such directives.
The opinion emphasizes that sex is an immutable characteristic determined at conception and that state law does not recognize gender identity as grounds for modifying official records.
“There are only two sexes, and that is determined not by feelings or ‘gender theory’ but by biology at conception,” said Attorney General Paxton. “Radical left-wing judges do not have jurisdiction to order agencies to violate the law nor do they have the authority to overrule reality. In Texas, we will follow common sense and restore any documents that were wrongfully changed to be consistent with biology.”
The legal opinion argues that by compelling DPS and DSHS to amend sex markers, courts would be instructing state agencies to act beyond their legal authority. Paxton maintains that state law provides no mechanism for altering these documents in ways that contradict biological sex, and any such changes made in the past must be rectified.
This decision is likely to provoke strong reactions from both supporters and opponents of transgender rights. Advocates for LGBTQ+ rights argue that allowing individuals to update their official documents to reflect their gender identity is critical for safety and recognition.
On the other hand, Paxton and his supporters insist that official documents must align with biological sex and that judicial interference in state administrative processes is overreach.
Paxton’s opinion is non-binding but carries significant influence in how Texas agencies interpret and enforce state law. Given the contentious nature of the issue, further legal challenges are expected as advocacy groups may contest the ruling in court. Meanwhile, state agencies will likely move to review and possibly reverse any past alterations to driver’s licenses and birth certificates that were issued under court orders.
As the legal and political battle over transgender rights continues in Texas, the implications of Paxton’s opinion will be closely watched, both by state agencies and by individuals affected by these policy changes.
To read the full legal opinion, click here.Top of Form
