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Big businesses urge Abbott to abandon anti-Trans efforts

60 major companies – including Apple, Google and Meta (Facebook) – said attempt to criminalize Trans healthcare goes against their values

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Courtesy of Equality Texas

AUSTIN – As Texas confirmed its ninth alleged “child abuse” investigation into a child receiving gender-affirming care, over 60 major businesses urged Republican Gov. Greg Abbott to abandon anti-Trans efforts Friday.

Last month, Abbott issued a directive that required the Texas Department of Family and Protective Services (DFPS) to investigate gender-affirming care as “child abuse,” while also mandating licensed professionals and general citizens report the procedures or face “criminal penalties.”

In an open letter titled “Discrimination is Bad for Business,” over 60 major companies – including Apple, Google and Meta (Facebook) – said that Texas’ recent attempt to criminalize “medically necessary, age-appropriate” healthcare goes against the values against their values. 

They also called on public leaders in Texas and across the country to abandon anti-LGBTQ+ efforts. “It’s not just wrong, it has an impact on our employees, our customers, their families, and our work,” read the letter, published as a full-page ad in the Dallas Morning News. 

“[Abbott’s gender-affirming care] policy creates fear for employees and their families, especially those with transgender children, who might now be faced with choosing to provide the best possible medical care for their children but risk having those children removed by child protective services for doing so,” the companies wrote.

Abbott’s office did not immediately respond to the Blade’s request for comment. 

Meanwhile, a spokesperson for the Texas DFPS confirmed to CNN Thursday that the state has opened nine alleged “abuse” investigations of minors receiving gender-affirming care.

Last week, a Texas judge granted a temporary restraining order to block the DFPS from investigating the parents named in a lawsuit brought by the American Civil Liberties Union (ACLU) of Texas, the ACLU and Lambda Legal. However, the court limited the temporary restraining order to the plaintiffs.

The judge, Amy Clark Meachum, is holding a hearing Friday to decide whether or not to block the governor, commissioner and DFPS’s actions more broadly.

Major businesses made a similar declaration in 2017 when Texas was considering a so-called “bathroom bill” that would have banned Trans people in the state from using the restroom matching their gender identity. At the time, the companies’ opposition to the legislation was seen as a key to killing the GOP-backed measure. 

During a DFPS meeting Friday, The Trevor Project, the nation’s largest suicide prevention and mental health organization for LGBTQ+ youth, testified in opposition to the agency’s enforcement of the governor’s “unlawful” directive.

“This effort to redirect their resources toward the intimidation of families who support their transgender and nonbinary children is a dangerous distraction,” said Sam Ames, director of advocacy & government affairs for The Trevor Project, adding: “It’s worth emphasizing that young transgender and nonbinary people are overrepresented in the child welfare system — and those who have been in foster care report significantly higher rates of attempting suicide. That’s why it’s imperative to foster acceptance among families, not separate them.”

Texas – specifically Abbott and Attorney General Ken Paxton, who initially issued a formal opinion concluding that performing certain “sex-change” procedures on children is “child abuse” under Texas law – has received nationwide condemnation from Democrats and LGBTQ+ advocates. 
The U.S. Department of Health and Human Services (HHS) issued guidance on March 2, stating that restricting a child’s ability to receive gender-affirming care may violate federal law. In response, Paxton amended an existing lawsuit against the Biden administration, asking for declaratory and injunctive relief against the enforcement of the HHS guidance.

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Texas

Texas AG barred from intervening in Trans youth medical case lawsuit

“The Texas Supreme Court said the AG’s opinion is not binding & that the AG should not be getting involved in these situations”

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Children’s Medical Center of Dallas (CMCD/Facebook)

DALLAS – On Friday, after a more than two hour hearing which at times was combative, Dallas county judge Melissa Bellan ruled that Texas Attorney General Ken Paxton had no standing to intervene in a lawsuit between a physician who provides Trans specific healthcare and Children’s Medical Center of Dallas.

Dr. Ximena Lopez, who led Children’s GENECIS programme for trans and non-binary youth, had sued the hospital after its decision to stop providing vital gender-affirming treatments – such as puberty blockers and hormone therapy – to new patients. 

The Dallas Morning News reported that in May, Children’s agreed to allow Lopez to resume this care through April 2023 while the case is being litigated. Judge Bellan’s decision will allow Dr. Lopez to continue seeing patients under this agreement.

According to court records Paxton’s office intervened based on Paxton’s highly controversial opinion that these types of Trans youth treatments can constitute child abuse. The Republican Attorney General released a formal attorney general opinion concluding that performing certain “sex-change” procedures on children, and prescribing puberty-blockers to them, is “child abuse” under Texas law last February.

At the time of the opinion, Walter Bouman, PhD, MD, President, World Professional Association for Transgender Health (WPATH) told the Blade in an emailed statement:

“Targeting trans youth, their parents, and their health care providers for political gain is unconscionable. We strongly denounce this alarmist and misguided opinion which could obstruct access to medically necessary care. It is yet another example of the profound misunderstanding of the conditions under which transgender people live, and a profound lack of compassion for the need for responsible medical care that helps trans people, including trans youth, to thrive and contribute to society.”

In arguments presented by Dr. Lopez on Friday, Charla Aldous, one of Lopez’s lawyers said that Paxton’s office was targeting trans care for “purely political reasons.”

“We are pleased that Judge Bellan saw through these shenanigans and struck the intervention. It is mind boggling that Paxton continues to fight against the best interest of children,” Aldous said in a statement.

“That decision goes against child welfare laws as we interpret them,” Assistant Attorney General Johnathan Stone told Judge Bellan. “We’re defending the state’s ability to enforce the law.”

According to the The Dallas Morning News, Stone pointed to a nonbinding opinion Paxton issued in February that came to the conclusion that these treatments are considered child abuse under current law. The state, under Gov. Greg Abbott’s blessing, has cited this opinion to investigate families with transgender children.

Last month, the Texas Supreme Court ruled that the Texas Department of Family and Protective Services (DFPS) can continue to investigate families in the state who provide medically necessary care for their Trans children, excluding the parties in the litigation that brought the matter forward in a lawsuit filed in March.

The justices however, questioned why DFPS had acted in the first case.

In its decision, the court emphasized that neither Attorney General Paxton nor Governor Abbott has the power or authority to direct DFPS to investigate the provision of medically necessary lifesaving health care for transgender youth as child abuse. But the court limited the order blocking all investigations to the specific plaintiffs who filed suit.

Judge Bellan cited this ruling repeatedly when questioning the state as to why they thought they could intervene in this case.

“That opinion is not legally binding. So that shoots your argument out of the water,” Bellan told Stone. “The Texas Supreme Court said the AG’s opinion is not binding, it is not law and that the AG should not be getting involved in these situations.”

Additional reporting from The Dallas Morning News.

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Court issues restraining order; Stops Texas investigation of PFLAG families

“This is now the sixth time in recent months a Texas court has ruled in favor of transgender youth and their loving, supportive families”

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District Court for Travis County, Austin (Photo credit: County of Travis, Texas)

AUSTIN — The Travis County District Court granted a temporary restraining order on Friday to block the Texas Department of Family and Protective Services (DFPS) from investigating PFLAG families who are supporting their transgender children with medically necessary health care, including the three plaintiff families in the case.

The American Civil Liberties Union, Lambda Legal, and the ACLU of Texas, along with Texas-based law firm Baker Botts LLP filed the lawsuit in state court on behalf of PFLAG National. The court’s ruling stops the DFPS from investigating the parents named in the lawsuit. Under the terms of the temporary restraining order, families need only provide notice of their PFLAG membership if ever contacted by DFPS.

“That families will be protected from invasive, unnecessary, and unnerving investigations by DFPS simply for helping their transgender children thrive and be themselves is a very good thing,” said Brian K. Bond Executive Director of PFLAG National. “However, let’s be clear: These investigations into loving and affirming families shouldn’t be happening in the first place. PFLAG National and our chapters throughout Texas remain committed to ensuring every transgender Texan is safe, empowered, and can thrive.”

The lawsuit names Texas Gov. Greg Abbott, who issued a February directive stating that health care that is medically necessary for treating gender dysphoria should be considered a form of child abuse. The suit also names Department of Family and Protective Services (DFPS) Commissioner Jaime Masters and DFPS as defendants.

Doctors and medical organizations have been providing gender-affirming care to transgender youth for decades. However, it has increasingly become a target of attacks from state lawmakers.

“This is now the sixth time in recent months a Texas court has ruled in favor of transgender youth and their loving, supportive families.” said Adri Pérez, policy and advocacy strategist at the ACLU of Texas. “The court and Texans agree: weaponizing the child-welfare system against loving families causes irreparable harm. It is senseless for governor-appointed Jamie Masters and DFPS to keep pushing forward these baseless investigations, and for Ken Paxton to keep wasting state resources by filing reckless appeals in his campaign to target transgender Texans.”

“We are relieved that—at least for now—the threat of a child abuse investigation is no longer hanging over the heads of PFLAG families here in Texas,” said Paul D. Castillo, Lambda Legal senior counsel. “When we learned that DFPS had restarted investigations, when the Texas Supreme Court made it clear neither the governor nor the attorney general had the authority to compel such investigations, we knew we needed to move quickly to shore up support and protection for those parents who are working to provide love, support, and safety for their kids. It is unconscionable that DFPS persists in causing more trauma and harm for these youth and these families. We appreciate that the judge saw this activity clearly for what it was, and moved so rapidly to halt it.”

In an earlier lawsuit brought by the ACLU, Lambda Legal, ACLU of Texas, and Baker Botts, the Texas Supreme Court upheld part of an appeals court order preventing DFPS from investigating parents who work with medical professionals to provide their adolescent transgender children with medically necessary health care. That case, Doe v. Abbott, is still pending.

While the Texas Supreme Court emphasized that neither Attorney General Ken Paxton nor Governor Abbott have the power or authority to direct DFPS to investigate the provision of essential and often lifesaving medical care for transgender youth as child abuse, the court limited the order blocking all investigations to the specific plaintiffs who filed suit.

PFLAG provides confidential peer support, education, and advocacy to LGBTQ+ people, their parents and families, and allies. With a nationwide network of hundreds of chapters — including 17 in Texas — PFLAG National works with families, schools, and communities to build safety and support for transgender youth.

The lawsuit references a suicide attempt and suicidal thoughts in the LGBTQIA+ community. If you or someone you know requires help and support, please contact The Trevor Lifeline (866) 488-7386 or TransLifeline (877) 565-8860. 

In addition, any person contacted by DFPS or who knows of a family that has been contacted by DFPS is encouraged to contact the Lambda Legal Help Desk.

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Texas

PFLAG, ACLU, & Lambda Legal sue Texas over persecuting Trans families

The Texas foster care system is overburdened. in crisis & placing more kids into it due to false accusations of child abuse will hurt everyone

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District Court for Travis County, Austin (Photo credit: County of Travis, Texas)

AUSTIN – In a court filing Wednesday with the District Court for Travis County, Texas, the American Civil Liberties Union, Lambda Legal, and the ACLU of Texas, along with Texas-based law firm Baker Botts LLP, sued the state asking that the court block state investigations of PFLAG families with transgender minor children.

The suit requests that the court block state investigations that would interfere with families’ ability to provide medically necessary health care.

The lawsuit names Texas Gov. Greg Abbott, who issued a February directive stating that health care that is medically necessary for treating gender dysphoria should be considered a form of child abuse. The suit also names Department of Family and Protective Services (DFPS) Commissioner Jaime Masters and DFPS as defendants. 

“For nearly 50 years, PFLAG parents have united against government efforts to harm their LGBTQ+ kids. By going after trans kids and their families, Gov. Abbott has picked a fight with thousands of families in Texas and across the country who are united as members of PFLAG National,” said Brian K. Bond, Executive Director of PFLAG National. “Loving and affirming your child and empowering them to be themselves is the highest calling of any parent, no matter your child’s gender. If it takes a court ruling to ensure that the law protects families who lead with love in support of transgender Texans, so be it.”

In an earlier lawsuit brought by the ACLU, Lambda Legal, ACLU of Texas, and Baker Botts, the Texas Supreme Court upheld part of an appeals court order preventing DFPS from investigating parents who work with medical professionals to provide their adolescent transgender children with medically necessary health care. That case, Doe v. Abbott, is still pending.

While the Texas Supreme Court emphasized that neither Attorney General Ken Paxton nor Governor Abbott have the power or authority to direct DFPS to investigate the provision of essential and often lifesaving medical care for transgender youth as child abuse, the court limited the order blocking all investigations to the specific plaintiffs who filed suit.

“It is indefensible for any state leader to repeatedly attack trans Texans and weaponize the child welfare system against the loving families of transgender kids and teens.” said Adri Pérez, policy and advocacy strategist at the ACLU of Texas. “We will continue to fight against these baseless attacks on our community. Transgender kids deserve to have life-saving gender-affirming care in Texas, so that they might live safely grow up to be transgender adults. During this Pride Month, we must take a stand against government leaders that are hellbent on stoking fear, and trying to criminalize transgender young people and their families.”

“Notwithstanding the clear language in the recent Texas Supreme Court ruling that Attorney General Paxton and Gov. Abbott do not have the power or authority to direct DFPS to investigate loving families who are providing medically necessary care for their transgender adolescents as child abuse, the agency seems determined to target these families and threaten to tear them apart,” Lambda Legal Senior Counsel Paul D. Castillo said. “With today’s filing, we are joining with PFLAG in working to protect all Texas families who simply want to make sure their children are safe, happy, and healthy. It is unconscionable that the state wants to interfere in that relationship.”

Doctors and medical organizations have been providing gender-affirming care to transgender youth for decades. However, it has increasingly become a target of attacks from state lawmakers. Federal courts have blocked the enforcement of legislative bans on gender-affirming care for transgender youth in Arkansas and Alabama and no court in the country has ever classified gender-affirming care as child abuse. Texas is the only state threatening to take children from loving parents who are providing this lifesaving care and placing them in the foster care system.

The state’s foster care system is already overburdened and in crisis, and placing more kids into the system due to false accusations of child abuse will hurt everyone.

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