Texas Attorney General Ken Paxton has once again fixated on the lives of transgender people, issuing an official opinion (KP-0489) declaring that district courts lack the authority to order changes to the sex markers on state-issued identification documents. The opinion, released on March 14, 2025, is already causing widespread panic, but it’s important to emphasize that Paxton’s opinion is not law. It is, in essence, a political statement dressed up as legal analysis.

An attorney general’s opinion is exactly that: an opinion. It carries no legal force, does not create new laws, and does not override court rulings. While state agencies may choose to follow Paxton’s interpretation, courts are not bound by it.

Paxton’s argument hinges on the claim that Texas courts have been improperly issuing orders directing agencies like the Department of Public Safety (DPS) and the Department of State Health Services (DSHS) to update gender markers on driver’s licenses and birth certificates. He asserts that these courts do not have jurisdiction to make such orders.

Paxton’s office quietly rescinded Texas DPS’s policy allowing gender marker changes on driver’s licenses in 2024, without public input or announcement. Now, in 2025, he is calling for a full-scale reversal of past changes, which will require substantial time and money to process. Adding to the absurdity, this comes at a time when the Department of Governmental Operations and Efficiency (DOGE) has cut a significant number of federal employee positions, meaning fewer people are available to process these administrative changes. In other words, Paxton is demanding a costly and labor-intensive bureaucratic overhaul when resources are already stretched thin.

Paxton’s relentless attacks on trans rights have escalated over the years, and this latest move fits a clear pattern: weaponizing his office’s resources to stoke fear, create instability, and rally his base. The sheer energy he devotes to policing trans existence is, quite frankly, bizarre and obsessive. Rather than focusing on issues that actually impact the lives of Texans—such as rising property taxes, infrastructure failures, or healthcare access—Paxton is once again using his position to punch down at a marginalized group.

Despite the fear this opinion is causing, it does not immediately change anything for trans Texans. However, this opinion may embolden state agencies like DPS or DSHS to deny requests that they previously accepted, leading to more legal battles.

Civil rights organizations will undoubtedly challenge any attempts to retroactively revoke gender marker changes or deny new ones. It is crucial for trans Texans and allies to stay informed and connected with legal resources in the coming months.

If you are impacted by the issuing of this opinion in any way, please seek legal guidance and support from organizations like the ACLU of Texas, Lambda Legal, or the Transgender Education Network of Texas (TENT).