Texas high court says governor cannot order transgender child investigations
Fri, May 13, 2022
By Brad Brooks and Maria Caspani
LUBBOCK, Texas (Reuters) - The Texas Supreme Court on Friday ruled that neither Governor Greg Abbott nor the state's attorney general had the authority to order child abuse investigations of families that provide certain medical treatment for their transgender children.
In its ruling, the top court said the state could not investigate the family of a 16-year-old transgender child at the center of the case while the family's lawsuit was pending before lower courts.
The court did not go so far as to order a blanket ban on all such investigations, saying a decision on carrying out inquiries was up to the Department for Family and Protective Services (DFPS).
"The Governor and the Attorney General were certainly well within their rights to state their legal and policy views on this topic, but DFPS was not compelled by law to follow them," the court wrote in its ruling https://www.txcourts.gov/media/1454197/220229.pdf
The DFPS said in an emailed statement it was reviewing the ruling and had no comment.
Texas is one of dozens of states where conservative politicians have sought to criminalize provision of medical treatments used to help young people transition away from the gender they were assigned at birth. Critics of such proposals have accused Republicans of seizing on gender identity as a wedge issue for political gain.
In its ruling, the Texas Supreme Court noted that DFPS officials, through press statements the agency made, appeared to think it was bound by the Republican governor or attorney general's opinions on the matter, but that "nothing before this Court supports the notion that DFPS is so bound."
After the decision did not result in a blanket ban, Texas Attorney General Ken Paxton said the ruling was a victory.
He wrote on Twitter that he had "just secured a win for families against the gender ideology of doctors, big pharma, clinics trying to 'trans' confused, innocent children."
Neither Paxton nor Abbott responded to requests for further comment.
The ACLU of Texas and Lambda Legal -- both of which represent the family of a transgender teenager targeted for investigation -- applauded the ruling as "a win for our clients and the rule of law."
The child, identified in the ACLU and Lambda lawsuit only as "Mary Doe, a minor," has taken puberty-delaying medications and hormone therapy.
The lawsuit says no other state treats gender-affirming medical care as a form of child abuse. There is wide agreement among mainstream medical and mental health professionals that gender-affirming care saves lives by reducing the risk of depression and suicide.
The DFPS has said it has opened at least nine child welfare inquiries under Abbott's policy.
(Reporting by Brad Brooks in Lubbock, Texas, and Maria Caspani in New York; Editing by David Gregorio)
Fri, May 13, 2022
By Brad Brooks and Maria Caspani
LUBBOCK, Texas (Reuters) - The Texas Supreme Court on Friday ruled that neither Governor Greg Abbott nor the state's attorney general had the authority to order child abuse investigations of families that provide certain medical treatment for their transgender children.
In its ruling, the top court said the state could not investigate the family of a 16-year-old transgender child at the center of the case while the family's lawsuit was pending before lower courts.
The court did not go so far as to order a blanket ban on all such investigations, saying a decision on carrying out inquiries was up to the Department for Family and Protective Services (DFPS).
"The Governor and the Attorney General were certainly well within their rights to state their legal and policy views on this topic, but DFPS was not compelled by law to follow them," the court wrote in its ruling https://www.txcourts.gov/media/1454197/220229.pdf
The DFPS said in an emailed statement it was reviewing the ruling and had no comment.
Texas is one of dozens of states where conservative politicians have sought to criminalize provision of medical treatments used to help young people transition away from the gender they were assigned at birth. Critics of such proposals have accused Republicans of seizing on gender identity as a wedge issue for political gain.
In its ruling, the Texas Supreme Court noted that DFPS officials, through press statements the agency made, appeared to think it was bound by the Republican governor or attorney general's opinions on the matter, but that "nothing before this Court supports the notion that DFPS is so bound."
After the decision did not result in a blanket ban, Texas Attorney General Ken Paxton said the ruling was a victory.
He wrote on Twitter that he had "just secured a win for families against the gender ideology of doctors, big pharma, clinics trying to 'trans' confused, innocent children."
Neither Paxton nor Abbott responded to requests for further comment.
The ACLU of Texas and Lambda Legal -- both of which represent the family of a transgender teenager targeted for investigation -- applauded the ruling as "a win for our clients and the rule of law."
The child, identified in the ACLU and Lambda lawsuit only as "Mary Doe, a minor," has taken puberty-delaying medications and hormone therapy.
The lawsuit says no other state treats gender-affirming medical care as a form of child abuse. There is wide agreement among mainstream medical and mental health professionals that gender-affirming care saves lives by reducing the risk of depression and suicide.
The DFPS has said it has opened at least nine child welfare inquiries under Abbott's policy.
(Reporting by Brad Brooks in Lubbock, Texas, and Maria Caspani in New York; Editing by David Gregorio)
Texas court allows child abuse probes into families of transgender teens to continue
By Eleanor Klibanoff, The Texas Tribune
Jey Austen listens to the testimony of an anonymous transgender child during the Trans Kids Cry for HELP! rally on March 13 against Gov. Greg Abbott's directive to investigate parents who provide gender-affirming care to their kids. Photo by Lauren Witte/The Texas Tribune
May 13 (UPI) -- Texas' child welfare agency remains blocked from investigating the family of a transgender teen who sued the state in March, but can once again investigate other families who provide gender-affirming care after the Supreme Court of Texas struck down a statewide injunction Friday.
Though it overturned the injunction on procedural grounds, the high court raised questions about why the Department of Family and Protective Services opened these investigations in the first place. The court affirmed in Friday's ruling that neither Attorney General Ken Paxton nor Gov. Greg Abbott had any grounds to direct the agency's actions.
In February, Paxton issued a nonbinding legal opinion that equated certain medical treatments and procedures for transgender teens with child abuse. Abbott, citing that opinion, then sent a letter to DFPS directing the agency to investigate parents who provided gender-affirming care to their transgender children.
In a statement responding to the order, DFPS said it would "follow Texas law" as laid out in Paxton's opinion, "[i]n accordance with Governor Abbott's directive." The agency proceeded to open at least nine investigations into parents of transgender children.
Jey Austen listens to the testimony of an anonymous transgender child during the Trans Kids Cry for HELP! rally on March 13 against Gov. Greg Abbott's directive to investigate parents who provide gender-affirming care to their kids. Photo by Lauren Witte/The Texas Tribune
May 13 (UPI) -- Texas' child welfare agency remains blocked from investigating the family of a transgender teen who sued the state in March, but can once again investigate other families who provide gender-affirming care after the Supreme Court of Texas struck down a statewide injunction Friday.
Though it overturned the injunction on procedural grounds, the high court raised questions about why the Department of Family and Protective Services opened these investigations in the first place. The court affirmed in Friday's ruling that neither Attorney General Ken Paxton nor Gov. Greg Abbott had any grounds to direct the agency's actions.
In February, Paxton issued a nonbinding legal opinion that equated certain medical treatments and procedures for transgender teens with child abuse. Abbott, citing that opinion, then sent a letter to DFPS directing the agency to investigate parents who provided gender-affirming care to their transgender children.
In a statement responding to the order, DFPS said it would "follow Texas law" as laid out in Paxton's opinion, "[i]n accordance with Governor Abbott's directive." The agency proceeded to open at least nine investigations into parents of transgender children.
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"The governor and the attorney general were certainly well within their rights to state their legal and policy views on this topic, but DFPS was not compelled by law to follow them," Friday's ruling reads. "DFPS's press statement, however, suggests that DFPS may have considered itself bound by either the governor's letter, the attorney general's opinion, or both. Again, nothing before this court supports the notion that DFPS is so bound."
The ruling does note the myriad "informal mechanisms" through which elected officials can influence a state agency, but "ultimately, however, one department or another has the final say."
In this case, the ruling said, DFPS was responsible for deciding whether these investigations aligned with current state regulations -- and will have to decide whether to continue these investigations and allow new ones to be opened.
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DFPS employees have told The Texas Tribune that agency leadership has acknowledged that these investigations do not meet the current requirements for child abuse and have said policy would need to be generated to match the governor's directives.
In March, a district judge granted an injunction blocking the state from continuing these investigations or opening new ones. Paxton appealed that decision to the Third Court of Appeals, which reinstated the statewide temporary injunction.
He then petitioned the Supreme Court of Texas to review that appeal. In Friday's ruling, the high court agreed with Paxton that the appeals court overstepped -- while the appeals court can reinstate an injunction if it "preserves the parties' rights," they cannot reinstate a temporary injunction of any nature.
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In this case, the justices ruled, the "parties" are the family that sued the state initially -- not all parents of all transgender children.
Ian Pittman, an Austin attorney representing two families of transgender children who are under investigation for child abuse, said the injunction had allowed his clients to "breathe a sigh of relief" while their investigations were paused. Although the investigations can resume, he's hopeful that DFPS will close out the cases.
"This ruling reaffirms that [DFPS Commissioner Jaime Masters] acted improperly when she acknowledged the directive and said they would follow it," he said. "She was abdicating her responsibilities as commissioner to a political stunt that has no legal authority."
If DFPS does not close out the cases, he expects other families may consider bringing suits to get any investigations against them similarly blocked.
In a statement, Lambda Legal and the American Civil Liberties Union of Texas called the ruling "a win for our clients and the rule of law."
"It would be unconscionable for DFPS to continue these lawless investigations while this lawsuit continues, and we will not stop fighting to protect the safety and lives of transgender youth here in Texas," the statement said.
Paxton also framed this ruling as a win, saying on Twitter that the Texas Supreme Court "green-lighted investigations that lower [Democratic] courts froze."
DFPS spokesman Patrick Crimmins said the agency is reviewing the ruling.
For LGBTQ mental health support, call the Trevor Project's 24/7 toll-free support line at 866-488-7386. You can also reach a trained crisis counselor through the National Suicide Prevention Lifeline by calling 800-273-8255 or texting 741741.
This article originally appeared in The Texas Tribune. Read the original here. /.
The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org
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