A Texas appeals court has reinstated a temporary injunction blocking the state from launching child abuse investigations of parents who provide gender-affirming care to their transgender kids.
Texas’ Third Court of Appeals issued the order late Monday, the latest turn in a lawsuit filed by the ACLU of Texas and Lambda Legal on behalf of parents of a transgender teen who were investigated by the Department of Family and Protective Services.
The appellate court’s three justices noted that the trial judge concluded that the parents showed probable right to recovery on their claims and that allowing the state to proceed with investigations as the case is tried would result in irreparable harm.
“Having reviewed the record, we conclude that reinstating the temporary injunction is necessary to maintain the status quo and preserve the rights of all parties,” the justices wrote.
Last month, Republican Gov. Greg Abbott ordered the Department of Family and Protective Services to open probes of parents who obtain gender-affirming care for their children. As justification, he cited a nonbinding legal opinion issued days earlier by Texas Attorney General Ken Paxton, a fellow Republican.
On March 11, District Judge Amy Clark Meachum responded to the ACLU and Lambda legal suit by issuing a temporary injunction barring such investigations.
Paxton filed an immediate appeal, claiming via Twitter that his move had frozen the injunction and that the state’s investigations could move forward.
“As we know, Attorney General Paxton has a troubled history following the law,” Lambda Legal attorney Paul Castillo told the Dallas Morning News in response to Monday’s ruling — a clear reference to Paxton’s 2015 securities fraud indictment and reports that he’s under FBI investigation over bribery allegations.
“If any family is contacted by DFPS notwithstanding the trial court’s decision, they should contact Lambda Legal’s helpdesk and/or the ACLU immediately,” Castillo added.
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This article appears in Mar 9-22, 2022.