Texas judge issues injunction to stop state from investigating parents of trans youth News
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Texas judge issues injunction to stop state from investigating parents of trans youth

Travis County Judge Amy Clark Meachum granted an injunction Friday in Doe v. Abbott, preventing Texas from investigating the parents of a transgender teenager.

The American Civil Liberties Union (ACLU) and Lambda Legal filed a lawsuit on March 1, 2022 to challenge a directive from Governor Greg Abbott ordering the Texas Department of Family and Protective Services (DFPS) to investigate parents of children who receive gender-affirming care for child abuse.

On March 2, Meachum granted a temporary restraining order to prevent the state from “taking any actions against” the family or fellow plaintiff Dr. Mooney. The injunction issued Friday will prevent the defendants from: (1) taking further action against the Doe v. Abbot plaintiffs, (2) investigating any similarly situated families or individuals, (3) prosecuting any similarly situated families or individuals and (4) enforcing mandated reporting requirements for those who “facilitate or provide gender-affirming care.”

Meachum found that DFPS did not investigate gender-affirming care as child abuse until Governor Abbott issued the directive on February 22. Therefore, Meachum believed the directive “was given the effect of a new law or new agency rule, despite no new legislation, regulation or even state agency policy.” This action violates the separation of powers and encroaches on the role of the legislature.

Additionally, Meachum found that the Doe v. Abbott plaintiffs would suffer irreparable injury if the directive stands. Mrs. Doe works for the DFPS and was suspended because her daughter Mary is transgender. Dr. Megan Mooney gives gender-affirming care to transgender youth but is also a mandated child abuse reporter. The directive placed her in an impossible ethical and medical conundrum.

Paul Castillo, Senior Counsel at Lamda Legal, said:

Parents who love their transgender children and work with healthcare providers to support and affirm their well-being should be celebrated, rather than investigated as criminals as the state sought to do here. We are grateful that the judge issued an order today preventing enforcement of these directives statewide against any family in Texas, and made clear that no one who counts as a mandatory reporter can be forced to turn in families for investigation simply for doing what is right for their child.

Under Meachum’s order, the status quo prior to Abbott’s directive will remain in effect until Texas courts settle the case.