Suit Against Texas Anti-Trans Order Can Go Forward, Says Appeals Court

A Texas court Wednesday denied the state's appeal of a restraining order temporarily blocking the investigation of parents who've allowed their transgender daughter to access gender-affirming care.

Gov. Greg Abbott had ordered the Texas Department of Family and Protective Services to investigate all parents who allow their kids to receive such care, asserting that this is a form of child abuse. He based his order on a nonbinding opinion from Attorney General Ken Paxton. Both are far-right, anti-LGBTQ+ Republicans.

One family sued; the mother is a DFPS employee, and the family had already been visited by an investigator. Texas Civil District Court Judge Amy Clark Meachum last week granted a restraining order that stopped this investigation, and she scheduled a hearing for Friday to consider blocking Abbott's directive more broadly. But the state quickly appealed, putting the plans for the Friday hearing on hold.

The ruling from the Third Court of Appeals means that hearing can go forward, The Dallas Morning News reports. A three-judge panel of the court, all Democrats, dismissed the state's request to lift the restraining order, ruling that the state cannot appeal right now. It's unclear if the state will appeal that decision to the Texas Supreme Court.

The family who sued, identified only as the Does, is one of at least three families who have been contacted by investigators since Abbott issued his directive in late February, the Morning News notes.

The family and a Houston psychologist who objects to Abbott's order are represented by the American Civil Liberties Union of Texas, the national ACLU, and Lambda Legal. The ACLU of Texas commented favorably on Wednesday's ruling, with attorney Brian Klosterboer saying the state had a "groundless" case, the Morning News reports.

"This crisis in Texas is continuing every day, with state leaders weaponizing the Department of Family and Protective Services to investigate families, invade their privacy, and trample on the rights of parents simply for providing the best possible health care for their kids under the guidance of doctors and medical best practices," he said. "DFPS and the courts need to stop this egregious government overreach."