The Texas Supreme Court on Friday allowed the state to resume investigations into parents of transgender youth for child abuse and also ruled in favor of a family that was among the first contacted by child welfare officials following an order from Gov. Greg Abbott. .
The court did not rule on the merits of the investigations, which were the first of their kind in the US, only that lower Texas courts overstepped their bounds in trying to block the progress of all the cases.
The mixed ruling of the highest civil court in Texaswhich is wholly controlled by nine elected Republican judges, also questioned why the Department of Family and Protective Services opened investigations into Texas families in the first place, saying “neither the governor nor the state attorney general could force the authority DFPS investigator.
“The governor has no authority to investigate, prosecute, or impose reporting requirements on allegations of child abuse,” the Texas Supreme Court said.
The court’s decisions come at a time when US Republican lawmakers are accelerating efforts to place restrictions on the rights of transgender people. Both parties to the lawsuit called the decision a victory.
lambda legalwho helped file the lawsuit against Texas on behalf of the 16-year-old’s parents, called the decision a victory because it put the state’s investigation into her family on hold.
While the ruling doesn’t stop Texas from launching investigations into other families, it would be foolish for the state to do so now because those families could also seek a warrant, said Omar Gonzalez-Pagan, an attorney and health care strategist at Lambda Legal.
“It would be pointless and a complete waste of resources for them to do so,” Gonzalez-Pagan said.
Texas went further than any other state in February when Abbott issued a first-of-its-kind order directing child welfare officials to investigate reports of gender-confirmed child care as abuse.
A judge in Austin stayed that order after a lawsuit filed on behalf of the 16-year-old girl whose family said the state was already investigating her family. It was presented by the American Civil Liberties Union and Lambda Legal.
Investigations of parents with transgender children for possible child abuse halted in Texas on Friday after a state court judge issued a temporary injunction.
The lawsuit marked the first report of parents investigated following Abbott’s directive and an earlier non-binding legal opinion from Republican Attorney General Ken Paxton label certain gender-confirming treatments as “child abuse.” The Texas DFPS has said it opened nine investigations following the directive and opinion.
Brian Klosterboer, an ACLU attorney leading the case, said the court’s decision was “largely good news,” citing relief for his clients, as well as the finding that Paxton’s opinion and the directive of Abbott are non-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 can 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 what caused the most damage because it created a lot of fear and panic throughout the state,” Klosterboer said.
According to Klosterboer, Paxton’s office filed an appeal within minutes of the decision.
In a social media post after the ruling, Paxton said that he “just got a win”. Abbott’s office did not immediately respond to requests for comment.
Across the country, Republicans have leaned into debates over transgender rights as LGBTQ Americans have become increasingly visible in society and pop culture.
In March, the Arizona Legislature passed bills to ban gender confirmation surgery for minors and ban transgender athletes from playing on women’s sports teams, and Republican Governor Doug Ducey signed them into law.
Two other Republican governors in Indiana and Utah defied their party and vetoed legislation to ban transgender players from women’s sports.
In Texas, the groups that filed the lawsuit also represent a clinical psychologist who said the governor’s directive forces her to choose between reporting clients to the state or losing her license and other penalties.
The governor’s directive and Paxton’s opinion run counter to the nation’s largest medical groups, including the American Medical Association, which has opposed Republican-backed restrictions on transgender people introduced in state legislatures around the world. country.
NBC 5 and Associated Press.
Reference-www.nbcdfw.com