Appeals Court Upholds Injunctions Blocking Texas' Investigation of Families of Transgender Youth Seeking Gender-Affirming Care
ICARO Media Group
In a significant victory for LGBTQ+ advocates and families of transgender youth, a Texas appeals court has upheld two injunctions on Friday, preventing the state's Department of Family and Protective Services from investigating families who provide gender-affirming medical care for their children. The legal battle began after Texas Governor Greg Abbott ordered the agency to launch investigations into parents who pursued these treatments, which have been recognized as safe and effective by major medical groups but were banned by a state law passed in September.
Governor Abbott's order came shortly after Texas Attorney General Ken Paxton declared gender-affirming procedures and treatments for transgender children as child abuse. Within weeks of this directive, at least nine investigations were opened by the state's Department of Family and Protective Services into families seeking gender-affirming care for their transgender minors and teens.
The appeals court ruling upholds the trial court decision, siding with LGBTQ+ advocates and families involved in two related lawsuits. The court order freezes the state's enforcement of a department rule that expands the definition of child abuse, mandating investigations into every report of a transgender child receiving gender-affirming medical care. The court ruled that a trial should be held to determine the lawfulness of this policy.
The trial court concluded that the investigations subjected families to unwarranted and unlawful child abuse investigations, interfering with parental decision-making and potentially disrupting medically necessary care for the children. The court also emphasized that parents have the right to make medical decisions for their children based on the guidance of healthcare providers following established medical guidelines.
This legal battle started when the so-called "Doe" family filed a lawsuit after being investigated by the Department of Family and Protective Services for seeking care for their trans teen. A district court judge had previously ordered the state to temporarily halt investigations, declaring the governor's order unconstitutional. However, Paxton appealed the injunction and investigations continued during the appeal process until this recent ruling.
The Texas appeals court's decision aligns with a ruling made by the state's Supreme Court in May, which argued that Governor Abbott's directive had no legal authority and did not bind the department to follow it. The court also affirmed that Paxton's opinion did not alter preexisting law or obligations of the department.
Gender-affirming care has been endorsed by major medical groups, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics. It is considered clinically appropriate for children and adults with gender dysphoria, a distressing condition that arises when a person's gender identity does not align with their assigned sex at birth. Research shows that valuing and supporting transgender children for who they are leads to better mental health outcomes.
The state law, Senate Bill 14, currently bars healthcare providers from providing gender-transition surgeries, puberty-blocking medication, or hormone therapies to those under 18, with potential license revocation for violators. Similar measures have been introduced in other states, often championed by Republican lawmakers who argue that such bans protect against "irreversible" changes facilitated by parents.
The ACLU's LGBTQ & HIV Project expressed gratitude for the court's decision, stating that the investigations were baseless, invasive, and an abuse of state power. The ruling is seen as a crucial defense of transgender youth rights and a recognition of families' love and compassion for their children.
CNN has reached out to Governor Abbott's office and the Department of Family and Protective Services for their comments on this ruling.