AG Paxton Sues Doctor for Allegedly Providing Cross-Sex Hormones to Minors

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Thursday, Texas Attorney General Ken Paxton (R) filed a lawsuit against Dr. May Lau, a prominent Dallas-based physician, for allegedly prescribing gender-modifying hormones to minors in violation of Texas state law. This legal action is significant, as it reflects the broader and ongoing legislative and legal battle over what has colloquially become known as gender-affirming care for minors in Texas, especially following the passage of Senate Bill 14 in the 88th Legislative Session (2023).

Background on Senate Bill 14

Senate Bill 14, passed by the Texas Legislature in the most recent legislative session and upheld by the Texas Supreme Court in 2024, strictly prohibits the use of surgeries, puberty blockers, and cross-sex hormones for the purpose of transitioning a minor’s biological sex. The law specifically targets medical procedures and treatments intended to affirm a child’s belief that their gender identity is inconsistent with their biological sex. This prohibition is based on concerns that such treatments are irreversible, experimental, and potentially harmful to children. Texas authorities believe that enforcing this law is crucial to protecting minors from what they see as dangerous, unscientific medical interventions.

Allegations Against Dr. May Lau

Dr. May Lau, who serves as the Medical Director of the Adolescent and Young Adult Clinic at Children’s Medical Center Dallas and is affiliated with the University of Texas Southwestern Medical Center, is accused of providing cross-sex hormones to at least 21 minors. The lawsuit, filed in Collin County, claims that Dr. Lau prescribed testosterone to biological females to transition their sex, which violates Texas law. According to the lawsuit, Dr. Lau’s actions represent a violation of the Texas Health and Safety Code, the Texas Medical Practice Act, and the Texas Business and Commerce Code.

The state accuses Dr. Lau of engaging in deceptive practices by falsifying medical records, prescriptions, and billing information. The lawsuit asserts that she misled pharmacies and insurance providers by falsely representing that her testosterone prescriptions were for conditions other than transitioning a child’s sex. The Texas Attorney General’s office contends that these acts not only violate state laws but also endanger the health and safety of minors.

Specific Legal Claims

The legal action against Dr. Lau is built on several key arguments:

• Violation of SB 14: The core of the case is the allegation that Dr. Lau violated SB 14, which explicitly prohibits the provision of puberty blockers and cross-sex hormones to minors for gender transition purposes. The law, which took effect on September 1, 2023, prohibits the prescription of “supraphysiologic doses of testosterone” to biological females for the purpose of inducing male secondary sex characteristics.

• Medical Practice Violations: The lawsuit claims that Dr. Lau’s actions violate multiple sections of the Texas Medical Practice Act. Each violation serves as an independent ground for the revocation of her medical license. This suggests that the state may pursue disciplinary action against Dr. Lau beyond the civil penalties outlined in the lawsuit.

• Deceptive Trade Practices: In addition to medical violations, Dr. Lau is accused of violating the Texas Business and Commerce Code by engaging in deceptive trade practices. The lawsuit claims that Dr. Lau used false diagnoses and billing codes to disguise the true nature of the treatments she provided to minors. For instance, she allegedly billed testosterone prescriptions under unrelated diagnoses such as “endocrine disorders,” rather than using codes related to gender dysphoria.

• Public Interest: The lawsuit emphasizes that Dr. Lau’s practices are not just a violation of medical ethics and state law but are also harmful to the public. The state argues that the medical procedures she provided are experimental and irreversible, putting minors at significant risk. The Texas Attorney General’s Office contends that taking legal action against Dr. Lau is necessary to protect children from harm and uphold public health standards.

Legislative Reactions

Several lawmakers reacted to the news including the sponsor of Senate Bill 14 as it was moving through the Texas House of Representatives, State Rep. Tom Oliverson (R-Cypress) who also chairs the House Insurance Committee.

Broader Implications of the Lawsuit

The lawsuit against Dr. Lau is part of a larger national and state-level debate over gender modification for minors. While advocates of procedures argue that it is necessary to support the mental health and well-being of transgender youth, critics argue that these medical interventions are dangerous, unproven, and potentially harmful. In Texas, the passage of SB 14 reflects the state’s stance on the issue, with lawmakers and officials prioritizing what they see as the protection of children from irreversible procedures.

Attorney General Ken Paxton has been a vocal advocate for enforcing laws like SB 14, and this lawsuit underscores his commitment to holding medical professionals accountable for providing these procedures and care to minors. Paxton’s office has made it clear that it intends to pursue similar cases in the future, signaling a tough stance on this issue.

In a press release, Paxton said,

“Texas passed a law to protect children from these dangerous unscientific medical interventions that have irreversible and damaging effects. Doctors who continue to provide these harmful ‘gender transition’ drugs and treatments will be prosecuted to the full extent of the law.”

The Lawsuit’s Potential Outcomes

The lawsuit seeks more than $1 million in court costs, as well as non-monetary injunctive relief to prevent Dr. Lau from continuing to provide cross-sex hormones to minors. If the court rules in favor of the state, Dr. Lau could face significant legal and financial penalties, including the possible revocation of her medical license. The case also sets a precedent for how Texas intends to enforce SB 14 and could lead to further legal challenges against other medical providers in the state.

Potential Impact on Current and Future Legislative Efforts

The lawsuit against Dr. Lau can significantly influence current and future legislative efforts in Texas related to gender modification. Here are some ways this case could shape legislative developments:

• Stricter Enforcement of SB 14: This lawsuit signals that Texas is committed to enforcing Senate Bill 14 to its full extent. If the state is successful in its case against Dr. Lau, it will likely set a precedent for future enforcement actions against other healthcare providers who may still be offering gender modification and care to minors. The outcome of this case could lead to stricter scrutiny of medical professionals and institutions across Texas to ensure compliance with SB 14.

• Potential for Amendments to SB 14: The details revealed in this lawsuit—such as the allegation that Dr. Lau wrote prescriptions before SB 14’s effective date and instructed patients to fill them afterward—might lead lawmakers to consider closing any perceived loopholes. This could prompt the Texas Legislature to introduce amendments that clarify or tighten the language of SB 14, ensuring that no provider can bypass the law’s restrictions through similar methods.

• New Legislative Proposals: Depending on the case’s outcome and public reaction, Texas lawmakers may push for even more restrictive laws related to gender modification. For example, legislation could be introduced to expand the prohibition to include older teens or adults, or to increase the penalties for healthcare providers found in violation of these laws. Additionally, lawmakers might propose more comprehensive reporting requirements for medical professionals to document and justify their treatments to avoid any form of gender modification under the guise of unrelated medical diagnoses.

• Increased Oversight of Medical Licensing: This lawsuit may spur legislative interest in creating stronger oversight mechanisms for the Texas Medical Board. The state could look to make it easier to revoke or suspend the licenses of medical professionals found to be in violation of laws related to gender modification procedures. Lawmakers could propose new review boards or committees dedicated to investigating cases where minors are being treated with cross-sex hormones or other prohibited medical interventions.

• Expansion of Lawsuits and Broader Legal Precedents: Beyond the immediate scope of SB 14, this lawsuit may embolden the state to pursue legal action in other areas related to medical ethics, healthcare transparency, and child protection. Should the lawsuit succeed, it might inspire future legislative initiatives that aim to address the broader concerns of parents’ rights, medical consent, and the role of the state in regulating healthcare for minors. These could lead to laws that make it easier for the state to file lawsuits against medical practitioners on similar grounds.

National Implications

The outcome of this case could also have ripple effects outside of Texas. Other largely conservative states that have enacted or are considering similar laws may look to this case as a model for their own legal and legislative strategies. A successful prosecution could serve as a legal precedent that motivates other states to file lawsuits against healthcare providers, reinforcing or expanding their own bans on gender modification for minors.

Conclusion

The lawsuit against Dr. May Lau marks an important moment in the enforcement of Texas’ SB 14 and could have wide-ranging implications for both current and future legislation. By successfully prosecuting this case, the state may inspire amendments to existing laws, proposals for new restrictions, and more vigorous oversight of medical professionals. As Texas leads the charge in restricting gender modification for minors, this case could also become a benchmark for other states considering similar legal frameworks. The long-term impact of this lawsuit will likely play a key role in shaping the future of healthcare regulations concerning youth seeking gender modification both in Texas and beyond.

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