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.
“I am not a politician and I am naturally reluctant to wade into politics, but where it affects my patients, I am left with no choice. In fact, I have an obligation to do what is right and best for them. I’m speaking out now because the lives of these children are quite literally on the line,” she said.
A UT Southwestern spokesperson said the university does not comment on pending litigation.
“UT Southwestern is committed to providing equal opportunities to all members of the campus community and to maintaining an environment that is free from unlawful discrimination, harassment and retaliation,” the spokesperson said.
Transgender rights have been a target for Republicans in Texas for years, but the issue of medical care for trans children became a major GOP talking point during this year’s Republican primary.
Then in February, Attorney General Ken Paxton issued an opinion that said certain gender-affirming care for minors was child abuse. Gov. Greg Abbott followed the next day, directing Child Protective Services to investigate any reports of such care. His order is now being challenged in court by the family of a trans teenager.
Since quietly scrubbing any mention of Genecis from their websites, UT Southwestern and Children’s have said that dissolution of the program’s branding was done to provide patients and their families with more privacy. New patients seeking certain medical treatments are evaluated and referred elsewhere.
But last week, The News reported that UT Southwestern said it also considered non-medical factors — like media attention and scientific and political controversy surrounding gender-affirming care for trans youth — when it made the changes at Genecis in November.
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.
A UT Southwestern spokesperson said last week that Abbott did not contact university leadership regarding those clinical services. The spokesperson did not address whether someone else from the governor’s office contacted university leadership.
Lopez has been told she cannot provide certain treatments, like puberty blockers or hormone therapy, to treat gender dysphoria even though that may contradict her better judgment or these same treatments may be given to other youth who are not transgender, her petition noted.
“Someone, some entity, or some office is illegally attempting to interfere with or control Dr. Lopez’s independent medical judgment,” the petition reads.
Lopez argues that whoever is making these decisions is acting outside of their authority, which gives her the right to sue and seek reversal of these policies. But since she does not know who that person is, this petition is necessary to suss out their identity.
She says the government cannot claim immunity from this kind of petition, and asks for a hearing in court as soon as possible.
