Topline
The American Civil Liberties Union and Lambda Legal sued Texas officials Tuesday in an effort to block the state’s new rule directing investigations into parents whose children have received gender-affirming medical treatment, alleging the state has already started “child abuse” investigations into parents with transgender children under the directive.
Key Facts
The lawsuit was filed in state court against Gov. Greg Abbott (R) and the Texas Department of Family and Protective Services (DFPS) after Abbott asked DFPS on February 22 to conduct “prompt and thorough investigation[s]” into parents of transgender children who have received gender-affirming treatment.
The litigation was brought on behalf of the family of a transgender girl, referred to as Mary Doe, who has received treatment for her gender dysphoria like hormone treatments, which the lawsuit notes “has brought Mary significant relief and allowed her to thrive.”
Mary’s mother, referred to as Jane Doe, works for DFPS, and the lawsuit alleges the agency put her on leave from her job after she inquired about the rule and then started investigating the family, including by having officials from Child Protective Services interview the family at their home and request access to Mary’s medical records.
If DFPS investigators find the parents have violated the rule, Jane could permanently lose her job and she and her husband could be placed on a child abuse registry, the lawsuit notes, alleging the investigation means the family is now “living in constant fear.”
The lawsuit also names a Texas psychologist as a plaintiff who would be responsible for reporting parents under the rule, alleging the rule has put her in an “untenable situation”—she would face penalties if she doesn’t report parents, but would “[violate]
her professional standards of ethics and inflict serious harm and trauma on her clients” if she does.The lawsuit alleges Abbott and DFPS did not have the authority to impose the rule and claims the directive violates plaintiffs’ rights under the Texas Constitution.
Crucial Quote
“Defendants have trampled Plaintiffs’ right to care for their children by effectively criminalizing the act of providing medically necessary care to their children in consultation with medical professionals,” the lawsuit alleges, claiming Texas officials’ “actions cause immeasurable harm to both parents and young people, threaten family separation, and lack any legitimate justification at all, let alone a constitutionally adequate one.”
Chief Critic
Abbott’s office and DFPS have not yet responded to requests for comment on the lawsuit, or the allegation that investigations into parents are already underway. Abbott’s directive to DFPS was based on a legal opinion by Texas Attorney General Ken Paxton, which alleges gender-affirming medical “procedures and treatments can cause ‘mental or emotional injury to a child’” as well as “physical injury.” (The ACLU lawsuit notes Texas’ characterization of the treatment has been opposed by medical groups including the National Association of Social Workers, American Academy of Pediatrics, Texas Pediatric Society, American Psychological Association and Prevent Child Abuse America.)
Key Background
The Texas rule is part of a broader effort by Republican state lawmakers and officials to enact policies aimed at transgender youths—like student sports bans and laws limiting their medical care—with NBC News noting seven states introduced measures targeting trans and nonbinary youths in the first week of 2022 alone. The ACLU lawsuit notes no other state has equated minors receiving gender-affirming care to “child abuse” or restricted doctors from treating minors with gender dysphoria, and the Texas legislature rejected legislation that would have classified the treatment as “child abuse” last year. The Texas directive has been hugely controversial since Abbott’s letter was first reported in February, drawing criticism from a variety of medical groups along with celebrities who are transgender or have transgender or nonbinary children. The ACLU said in a statement at the time they did not believe the directive was legally binding, foreshadowing Tuesday’s legal action.
Further Reading
Elliot Page Calls Texas Investigations Into Trans Youth ‘Inhumane And Downright Dangerous’ (Forbes)
