Republican Governor Rick Perry’s recent executive order making HPV vaccines mandatory for all girls attending sixth-grade public school next year has ignited a fire storm of controversy and legal argument across the state, including one law suit against the governor himself.

There are legal fights in every corner of the political arena over the order Perry issued February 2. The "mandatory" wording in the order is anything but — parents in Texas still have the choice to refuse any vaccination and their children still can attend public schools.

Still, judges, lawyers, and parents across the state are showing their contempt for Perry and his executive order in a variety of ways. Perry responded on his Web site February 5.

"Never before have we had an opportunity to prevent cancer with a simple vaccine. While I understand the concerns expressed by some, I stand firmly on the side of protecting life," he said. "Providing the HPV vaccine doesn’t promote sexual promiscuity any more than providing the Hepatitis B vaccine promotes drug use. If the medical community developed a vaccine for lung cancer, would the same critics oppose it claiming it would encourage smoking?"

"Parents need to know that they have the final decision about whether or not their daughter is vaccinated. I am a strong believer in protecting parental rights, which is why this executive order allows them to opt out."

The HPV vaccine, produced by Merck & Co. pharmaceuticals, is said to be 100 percent effective in eliminating the risk of cervical cancer through the sexually-transmitted human papilloma virus.

Some parents aren’t convinced that’s the case, some aren’t so sure 11- and 12-year-old girls need protection against STDs, and one set of parents filed a lawsuit against Perry February 26 claiming he illegally overstepped his bounds when he issued the executive order.

Filed in Travis County, the suit challenges Perry’s authority to issue executive orders and seeks to suspend the use of state funds for purchasing the vaccine until the matter is resolved.

Lawmakers in the Texas Legislature are working on two bills: one to nullify the governor’s executive order, and another to create special legislative sessions to give them time to override gubernatorial vetoes.

"Pretty much everybody in the house — and I think in the senate as well — is unified against Perry’s executive order," Karnes County Republican party Chairman Eric Opiela said. "The Legislature makes a law, and if the Legislature passes a law that says it’s not mandatory, then the executive order doesn’t have any effect. Now, Perry can always veto that law."

Therein lies the problem for lawmakers in the Legislature, both Republican and Democrat, which seek to usurp Perry. By the time legislation is vetoed, lawmakers won’t have time to override it.

They won’t meet again for another two years, to boot, giving Perry his way with the power of the veto pen if he chooses that path. The other measure they have that would grant them extra time to override gubernatorial vetoes may help them overcome that problem, but Perry could veto that legislation, too.

"The governor probably won’t sign that bill into law. He’ll probably veto that, too," Opiela said. "If he vetoes it, there is no recourse for the Legislature because they won’t be back for two years. Essentially we have a tyranny of one."

Several judges and lawyers aren’t so sure Perry has the power to do anything in the first place, though. The attorney general is looking into the matter, and the Travis County lawsuit may decide Perry doesn’t have the right to tell anyone to do anything.

According to University of Texas law school professor Steve Bickerstaff, the governor doesn’t really have the right to tell state agencies to do anything.

Bickerstaff has served as director of constitutional research for the Texas Legislative Council and is considered by some to be one of the leading authorities on the Texas constitution. In his view, Perry didn’t just overstep his bounds — he had no precedent to begin with.

"I do not think the governor has the ability under the Texas constitution to command state agencies to do something," Bickerstaff said. "The way executive orders have been used in the past is to create a task force or something of that nature where you’re not really compelling anyone to do anything."

State District Judge Stephen Yelenosky expressed the same sentiments February 20.

In a signed order, he argued the governor can’t order state agencies to do anything and told the State Office of Administrative Hearings to ignore another one of Perry’s other executive orders, which aimed at fast tracking the approval of coal power projects.

"He basically said the governor doesn’t have the power to issue executive orders," Opiela said. "The bigger legal argument here is, does the governor really have the power to order anybody to do anything? Can the governor make a vaccine mandatory?"

Many parents are opposing mandating the vaccine simply because of how much it costs. Each young girl would be required to get three shots in order for the vaccine to have effect, and each dose costs approximately $120. The overall cost of $360 is just for one girl. Families that wish to comply with the regulation and vaccinate two girls will have to pay $720, families with three girls will be charged $1,080, and so on.

Karnes County Democratic party Chairman Frank Nieto said he’s for the vaccine, but has questions about the cost burden on families and the governor’s power to use executive orders.

"I think that anything that can help prevent someone from getting HPV or cervical cancer is a good thing," he said. "The basic concern I have right now is how the governor can issue a mandate and expect everyone to pay … when some people don’t have insurance. I think it’s a good idea … if it can prevent cancer down the line for young girls (but) I haven’t heard enough information to say that I’m totally in favor of it."

With all the opposition the governor and his order are facing, many observers inside the Texas beltway have claimed the mandatory vaccination initiative already is dead in the water.

"I think the governor’s order is going down despite his best efforts to save face on it," Opiela said. "That’s just my layman’s (opinion as a) political observer in Austin."

HPV affects around 10,000 women in the United States each year and kills about 3,700, according to the American Cancer Society.

The FDA approved the vaccine, named Gardasil, around six months ago, deeming it safe for use on humans.

Currently, 20 other states are considering making vaccine mandatory for young girls. Merck & Co., the distributor of the vaccine, has decided to stop lobbying to Texas lawmakers to make it mandatory for female sixth graders.

The Countywide contacted County Health Officer Joel Saldana, M.D. for comment on the HPV vaccine Tuesday.

"No comment," Saldana said.