AUSTIN, Texas (CN) — A Texas judge halted Republican Texas Governor Greg Abbott and the Texas Department of Family and Protective Services (DFPS) from investigating the parent of a transgender child for child abuse.
In her four-page order restraining the state, District Judge Amy Clark Meachum wrote that if not enjoined, the plaintiffs “will suffer irreparable injury” if DFPS is not restrained from enforcing a directive from Abbott that gender-affirming care constitutes child abuse.
In a non-binding legal opinion released in February, Republican Texas Attorney General Ken Paxton wrote that gender-affirming healthcare such as hormone treatments and surgeries constitute child abuse because it could lead to sterilization. Days later, Abbott directed DFPS to open child abuse investigations into parents to secure gender-affirming care for their children.
“The Office of the Attorney General has now confirmed in the enclosed opinion that a number of so-called ‘sex change’ procedures constitute child abuse under existing Texas law,” wrote Abbott. “Because DFPS is responsible for protecting children from abuse, I hereby direct your agency to conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas.”
Shortly after, an employee with the Texas child protective services agency and her husband found herself under investigation for abusing their 16-year-old daughter because she received treatment for gender dysphoria.
The mother and father, who were identified as Jane and John Doe, filed a lawsuit against Abbott and DFPS on behalf of her daughter, Mary Doe.
Megan Mooney, a clinical psychologist from Houston, was also named in the lawsuit. Mooney is required by law to report child abuse to DFPS, which she found with the new policy to have put her in an “untenable situation.” In the lawsuit, the psychologist said that DFPS’s policy would go against the American Psychological Association’s code of ethics to “do no harm.”
As a part of their lawsuit, the plaintiffs were seeking to have the state enjoined from investigating any family that has a child that is transgender, transitioning or who has been prescribed treatment for gender dysphoria. In addition, Jane requests the court find that Abbott’s letter to DFPS is a violation of the Texas Administrative Procedure Act and unconstitutional.
Jane described how the governor's directive had negatively affected her daughter’s mental health.
According to the lawsuit, “Mary has been traumatized by the prospect that she could be separated from her parents and could lose access to the medical treatment that has enabled her to thrive.”
Representing the plaintiffs in the case are the American Civil Liberties Union of Texas and Lambda Legal. ACLU of Texas attorney Brian Klosterboer said in a statement that while he is thankful for the relief granted, the directive should have never been released.
“Families should not have to fear being separated because they are providing the best possible health care for their children,” said Klosterboer.
For the moment, the family and Mooney are protected from the state or DFPS taking any action against them. However, the state agency is not enjoined from launching investigations into other families who have secured gender-affirming care for their children. Meachum will be considering issuing a temporary injunction against the state during a hearing scheduled for March 11.
The practice of gender-affirming care has been deemed “medically necessary” by the American Medical Association for lowering severe mental illness and suicide among transgender youth. The American Academy of Pediatrics has spoken out against the governor's actions and said in a statement that it “[threatens] the health and well-being of transgender youth.”
President Joe Biden issued a statement Wednesday calling Abbott’s directive a “cynical and dangerous campaign targeting transgender children and their parents.”
“In the United States of America, we respect the rights and dignity of all families,” said Biden. “Affirming a transgender child’s identity is one of the best things a parent, teacher, or doctor can do to help keep children from harm, and parents who love and affirm their children should be applauded and supported, not threatened, investigated, or stigmatized.”
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