On Friday, a Texas judge issued a temporary restraining order blocking the state from investigating families of transgender children who have received gender-affirming treatment that the state has labeled child abuse.
The ruling by Judge Jan Soifer stops investigations into three families who filed lawsuits and prohibits similar investigations against members of the LGBTQ+ advocacy group PFLAG Inc.
On behalf of the families of three kids and PFLAG, Lambda Legal and the American Civil Liberties Union filed a challenge on Friday. Two of the teenagers were 16 years old, while the other was 14.
During the hearing, the state’s attorney also announced that the child abuse case against one of the families, the Briggles, has been closed.
The Briggles were one of at least nine families under investigation by the authorities for allowing their child to receive medical treatment such as puberty blockers and hormone therapy that affirmed the child’s preferred gender.
Soifer’s ruling comes after the Texas Supreme Court issued a split decision last month, allowing the state to investigate transgender youth’s parents for child abuse while also deciding in favor of one family contacted by child welfare officials after Republican Gov. Greg Abbott’s February decree.
“I do find that there is sufficient reason to believe that the plaintiffs will suffer immediate and irreparable injury if the commissioner and the [Department of Family and Protective Services] are allowed to continue to implement and enforce this new Department rule that equates gender-affirming care with child abuse,” Soifer said at the conclusion of a hearing.
Governor Greg Abbott directed the Texas Department of Family and Protective Services to investigate instances of Texas children being subjected to “abusive gender-transitioning procedures” in February, following the release of a non-binding legal opinion by Texas Attorney General Ken Paxton stating that certain gender-transitioning procedures for minors constitute child abuse under Texas law.
“There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted,” Paxton said. “The Texas Department of Family and Protective Services (DFPS) has a responsibility to act accordingly. I’ll do everything I can to protect against those who take advantage of and harm young Texans.”
The Briggles, along with two other families, had filed a lawsuit to prevent the state from conducting child abuse investigations against them. The lawsuit was filed in Travis County on Wednesday. They are the only family who has not filed under a fictitious name. In the lawsuit, the other families are referred to as ‘Roe’ and ‘Voe.’
All three families have children who have undergone a transition from female to male appearance.
One of the teens’ mothers reported her child attempted suicide and was admitted to the hospital the day Abbott made his order. The family was reported for child abuse by the outpatient psychiatric hospital where the child was referred after hormone therapy was prescribed, according to the mother in a court filing.
During Friday’s hearing, Assistant Attorney General Courtney Corbello said, “Giving hormones or pubertal blockers can constitute child abuse.”
According to the families’ attorneys, the interim restraining order issued on Friday covers all members of the LGBT advocacy group PFLAG. In Texas, PFLAG has over 600 members. The families are represented by Lambda Legal and the ACLU of Texas.
At the hearing, Lambda Legal attorney Paul Castillo said, “Every one of these children and every one of these parents have experienced the fear, have experienced the harm.”
Sources: Conservativebrief, Gov.texas.gov, Cbsaustin, Washingtontimes