Texas court blocks Abbott directive against health services for transgender children

AUSTIN, Texas — A county court in Texas granted a temporary block on Gov. Greg Abbott’s directive against those who seek or provide gender-affirming health services to transgender children.

Last week, Abbott directed the Texas Department of Family and Protective Services to investigate any parent or medical professional who provides an adolescent child with gender-affirming health care — including hormone therapy and gender-transitioning procedures.

On Wednesday, the Travis County District Court court moved to block action temporarily.

Abbott’s directive followed an opinion issued by Texas Attorney General Ken Paxton stating that any such therapies and procedures are deemed child abuse under state law.

Chase Strangio, deputy director for trans justice with the American Civil Liberties Union LGBTQ & HIV Project, said in a statement that the granting of the restraining order is a “critical victory.”

“Transgender youth in Texas should be able to access lifesaving, medically necessary care with the support of their families and doctors,” Strangio said. “Attempts to cut off transgender adolescents from care will not make them any less trans, but it will make them less likely to grow up at all.”

The Travis County order was issued in response to a request for a temporary restraining order by four plaintiffs — an employee of DFPS, her transgender teen and husband, as well as Dr. Megan Mooney, a licensed psychologist who would violate professional ethical obligation in complying with the directive.

The family was immediately placed under investigation following Abbott’s directive with the DFPS employee currently on administrative leave.

The court order stated that it found that the plaintiffs “will suffer irreparable injury” should the DFPS investigations be allowed to continue. The DFPS employee is at risk of losing her job, while Mooney risks facing civil lawsuit and a loss of licensure for “failing to follow her professional ethics,” as well as criminal prosecution in accordance with Abbott’s directives, it said.

“[The plaintiffs] face the imminent and ongoing deprivation of their constitutional rights, the potential loss of necessary medical care, and the stigma attached to being the subject of an unfounded child abuse investigation,” the order read.

The plaintiffs are also a part of a lawsuit filed by the ACLU of Texas and others on Tuesday to block investigations from occurring all together.

The ACLU called Paxton’s opinion and Abbott’s directive “devastating, dehumanizing and terrifying to the families being targeted.”

“Neither Gov. Abbott, AG Paxton, nor the DFPS has the legal authority to investigate these families or to take kids away from loving and supporting homes,” it said.

The White House has also spoken out, calling the directives “cynical and dangerous campaign targeting transgender children and their parent.”

The federal Health and Human Services Department also issued a series of actions in response to the directive on Wednesday, reiterating that the denial of health care based on gender identity is illegal and the role of child welfare systems “to advance safety and support for LGBTQI+ youth.”

“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,” President Joe Biden said in a statement. “Jill and I are standing with the incredibly brave transgender children, their parents, and families throughout Texas and around the country, and we will continue to fight for a future where all children can thrive.”

Presiding Judge Amy Clark Meachum only issued a temporary halt and scheduled a hearing for March 11 to hear more evidence in the case. 

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