On Friday, the Texas Supreme Court allowed the state to investigate the parents of transgender youth for child abuse while ruling in favor of a family that was one of the first to be contacted by child welfare officials after an order from Republican Gov. Greg Abbott. The court did not rule on the merits of the investigation, which was the first of its kind in the United States, only that Texas lower courts overruled trying to block all cases.
Texas’ highest-ranking court ruling, which consists of nine elected Republican judges, comes at a time when U.S. Republican lawmakers are stepping up efforts to impose restrictions on transgender rights. Both sides in the lawsuit called the decision a victory.
Lambda Legal, which helped bring the lawsuit against Texas on behalf of the 16-year-old’s parents, they called the decision a victory because it suspended the state’s investigation into her family. While the ruling does not prevent Texas from initiating investigations into other families, it would be foolish for the state to do so now because those families could also apply for a warrant, said Omar Gonzalez-Pagan, a lawyer and health strategist at Lambda Legal. .
“It would be useless and a total waste of resources to do so,” Gonzalez-Pagan said.
Texas went further than any state in February when Abbott issued such a first order which instructed child welfare officials to investigate reports of child care confirming gender as abuse.
An Austin judge suspended the order following a lawsuit filed on behalf of the 16-year-old girl whose family said the state was already investigating her family. It was filed by the American Civil Liberties Union and Lambda Legal.
The lawsuit marked the first report of parents investigated after the Abbott directive and a previous non-binding legal opinion by Republican Attorney General Ken Paxton that labeled certain gender confirmation treatments as “child abuse.” The Texas Department of Family and Welfare Service has said it opened nine investigations following the directive and opinion.
Brian Klosterboer, an ACLU lawyer leading the case, said the court’s decision was “largely good news,” citing relief for his clients, as well as finding that the Paxton’s opinion and Abbott’s directive are not binding and have no legal effect. . Klosterboer said the court’s decision clarifies that the governor does not have the authority to change Texas law, and while the state’s family services agency may decide whether to investigate, it is up to the courts whether the agency can take action against any family reported under this directive. .
“I think his directive is the one that caused the most harm because it created a lot of fear and panic across the state,” Klosterboer said.
According to Klosterboer, Paxton’s office filed an appeal a few minutes after the decision.
In a post on social media after the verdict, Paxton said he “just secured a victory.” Abbott’s office did not immediately respond to requests for comment.
Nationwide, Republicans they have relied on debates on transgender rights as LGBTQ Americans have become increasingly visible in pop society and culture.
In March, the Arizona legislature approved invoices banning gender-based confirmation surgery for minors and banning transgender athletes from playing on girls’ sports teams, and Republican Gov. Doug Ducey signed them.
Two other GOP governors, in Indiana and Utahthey rejected their party and vetoed legislation to ban transgender players in women’s sports.
In Texas, the groups that filed the lawsuit also represent a clinical psychologist who has said the governor’s directive forces her to choose between reporting clients to the state or losing her license and other sanctions.
The governor’s directive and Paxton’s opinion go against the nation’s largest medical groups, including the American Medical Association, which have opposed Republican-backed restrictions on transgender people in state buildings around the world. country.
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