Topline
A local judge on Wednesday temporarily blocked Texas’ Department of Family and Protective Services (DFPS) from investigating two parents who helped their child seek gender-affirming medical treatment, an early legal blow to Texas’ controversial new policy that frames gender-affirming treatment as “child abuse.”
NEW YORK, NY – FEBRUARY 23: Hundreds protest a Trump administration announcement this week that … [+]
Key Facts
The ruling by a judge in Travis County only applies to two anonymous parents of a transgender child who sued state officials this week, but a court hearing is scheduled for next Friday to decide whether to block Texas’ new policy more broadly.
Judge Amy Clark Meachum barred DFPS from enforcing its new policy against the two parents or taking any employment action against one parent who works for the agency.
In the lawsuit, which was brought by Lambda Legal and the American Civil Liberties Union, the DFPS employee said she was placed on administrative leave last week after inquiring about the new state policy, and was then approached by a DFPS investigator who asked for her child’s medical records, a request she refused.
The employee could have lost her job and her husband could have been placed on a child abuse registry if the investigator found the parents had violated the directive on child abuse, according to the lawsuit.
Crucial Quote
“It is unconscionable for DFPS to still pursue any investigation or inflict more trauma and harm,” said Paul Castillo, a lawyer from Lambda Legal. “We look forward to continuing the fight for all Texas families.”
Key Background
On February 22, Texas Gov. Greg Abbott (R) called on the DFPS to investigate parents of children receiving gender-affirming care, and asked “licensed professionals” such as teachers, doctors and nurses to report the parents for child abuse if they believe the children are recieving the treatment. The directive came after Texas Attorney General Ken Paxton (R) claimed in a legal opinion that many forms of gender-affirming medical care, including puberty blockers, hormone therapy and surgery, are considered child abuse under state law. The ACLU argued the day the directive was released that Paxton’s opinion—which was an interpretation of a pre-existing law—is not legally binding, as it is up to the Texas courts to interpret the law’s meaning. Several Republican-controlled states have called for restrictions on gender-affirming medical care for children over the last year, though many experts and groups like the American Academy of Pediatrics say those forms of treatment are evidence-based and medically necessary.
Source: https://www.forbes.com/sites/masonbissada/2022/03/02/texas-court-blocks-child-abuse-investigation-for-parents-of-transgender-child/