Twitter flags Paxton tweet misgendering HHS official as 'hateful content'

AUSTIN (KXAN) — Twitter hid a post Thursday from Texas Attorney General Ken Paxton behind a notice that labeled it as "hateful content" after he misgendered a federal health official, which prompted him to threaten the social media platform with a lawsuit.

The tweet in question included a screenshot of a USA Today article naming Adm. Rachel Levine, the secretary of health at U.S. Health and Human Services and the first openly transgender official appointed by the Senate, as one of the "exceptional Women of the Year." Paxton paired that photo with his own caption reading, "Rachel Levine is a man."

LGBTQ+ advocacy groups, like the Human Rights Campaign (HRC), quickly denounced the tweet, called it offensive and expressed worry about the effect it would have remaining on the platform.

"Transphobia doesn't make you a leader," an HRC spokesperson said in a statement Friday. "If you can't represent all people, don't hold public office. HRC reported AG Paxton's transphobic tweet via Twitter's reporting system and remains deeply concerned about the level of anti-trans vitriol on this and other social platforms."

Paxton posted a lengthy response on Twitter Friday afternoon to the platform flagging his tweet, calling it "Big Tech censorship."

"Users can now only access my statement through a trigger-warning filter," Paxton said. "And even then, users can neither like it nor comment on it. At the same time, hundreds of other verified accounts saying the exact same thing remain untouched and unfiltered."

To view that tweet on Paxton's feed now, users have to click past a message stating, "This Tweet violated the Twitter Rules about hateful conduct. However, Twitter has determined that it may be in the public’s interest for the Tweet to remain accessible." Twitter also included a link to information about how its team determines whether to remove someone's post or include an advisory notice on it instead. Essentially, the rules state the social media giant gives more latitude to leaving up tweets from elected or government officials for the sake of accountability unless "there is evidence the content may be leading to actual or likely offline harm."

Paxton also doubled down on what he said about Levine and used incorrect pronouns to reference her.

"I will continue to use all my power to hold them accountable," he tweeted. "Even now, I'm exploring legal options to stop their one-sided censorship."

A month ago, Paxton released a nonbinding legal opinion in which he argued that certain gender-affirming “procedures and treatments…when performed on children, can legally constitute child abuse” under Texas Family Code. Gov. Greg Abbott followed the Paxton opinion with a directive to the Texas Department of Family and Protective Services (DFPS) that the agency should open child abuse investigations into families getting care for their trans kids. At last check, DFPS reported nine such investigations have been opened now.

On March 10, a Travis County district judge issued a temporary injunction preventing the state from enforcing Abbott's directive to investigate reports of youth receiving such care. However, Paxton said on Twitter that he appealed the judge's decision.

Levine, the HHS official mentioned in Paxton's posts, previously extended support to young trans people in Texas whose families could face consequences because of the attorney general and governor's recent actions. In a statement, Levine wrote, "Gender affirming care for transgender youth is essential and can be life-saving. Our nation’s leading pediatricians support evidence-based, gender affirming care for transgender young people. HHS stands with transgender youth and their medical providers."

A dozen Texas Democratic lawmakers, including Rep. Sylvia Garcia of Houston, said they sent a letter Thursday asking for Paxton to withdraw his legal opinion and for Abbott to rescind his directive to DFPS. In an interview with KXAN Friday, Garcia said these actions are damaging families and the child protective system.

"No child should be in fear," Garcia said. "No child should be in fear that the government is going to intrude into their family decision making on medical care."

None of the protests, letters or other efforts has so far made the state's top Republican leaders reverse course on their directives about gender-affirming care for trans kids. Garcia said that should perhaps cause more people to vote.

"We need to work on making sure that our office holders are held accountable, and that they really are there to serve the people — and that means all the people," she said. "Trans children are God's children. They should be treated with the respect and dignity that they deserve."

Paxton is facing a tough primary challenge for the Republican nomination for Texas attorney general. A May runoff election will determine if he or land commissioner George P. Bush will advance to represent the GOP in the Nov. vote. The Bush campaign did not respond to a request for comment about Paxton's tweet Friday.

However, the two Democratic candidates moving onto their attorney general runoff offered their opinions about what's happening.

Rochelle Garza, the civil rights attorney, said on Twitter, "Ken Paxton has hurt the Texan LGBTQ+ community for far too long. We need an AG who is ready to act with acceptance and compassion." Meanwhile, Joe Jaworksi, the trial attorney and former Galveston mayor, called Paxton's tweets about Levine "pure bullying, mean-spirited hate."