DALLAS — A judge will consider whether to block Texas’ new directive defining certain care for transgender youth as child abuse, after an appeals court sided with the family of a trans teen who sued over the policy.
A three-judge panel of the Third Court of Appeals on Wednesday dismissed Attorney General Ken Paxton’s request to stop a temporary restraining order on the abuse directive, ruling the state cannot appeal at this time.
The decision means two things: a temporary block on the abuse directive that pertains just to the plaintiffs in this case, which include a state employee and their 16-year-old transgender child, is in place; and a previously delayed hearing scheduled for Friday to consider expanding the block statewide is back on track.
“We grant appellees’ motion and dismiss the State Parties’ appeal for want of jurisdiction,” the panel, made up of three Democrats, wrote in its decision.
The lawsuit stems from a nonbinding opinion Paxton issued last month interpreting state law to define certain gender-affirming medical treatments as “child abuse.” Based his opinion, Gov. Greg Abbott then directed child protective services and other agencies to investigate reports of minors receiving these treatments.
At least three families with transgender children have been visited by CPS agents since the order went out.
On March 1, the state employee and a Houston psychologist sued to block the directive with the backing of the ACLU of Texas and Lambda Legal. Travis County District Court Judge Amy Clark Meachum granted their request to temporarily halt implementation of the directive, which applied just to the plaintiffs, the next day. The judge scheduled a March 11 hearing to consider expanding the restraining order across the state.
But Paxton quickly appealed the decision, putting the whole thing on hold.
Paxton’s agency did not immediately respond to requests for comment. It’s unclear whether the state can or will appeal the decision to the Texas Supreme Court.
Brian Klosterboer, an attorney with the ACLU of Texas, said the appeals court decision shows the state’s case “was always groundless.”
“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.”
Also on Wednesday, Paxton amended a previous lawsuit filed against the Biden administration challenging guidance the White House gave to parents of transgender children about their rights. Last week, the U.S. Department of Health and Human Services said despite the state directives, health care providers are not required to disclose private patient information and underscored that denying health care because of gender identity is illegal.
It also urged those who believe they have been discriminated against because of their gender identity to file a complaint with HHSC’s Office for Civil Rights.
In challenging that guidance, Paxton said Biden is forcing a political agenda on Texans.
“The federal government does not have the authority to govern the medical profession and set family policies, including what may constitute child abuse in state family law courts,” Paxton said in a statement announcing the amended lawsuit. “This is about the safety of children. It is time to put their well-being first.”
Paxton included the new claims in a 2021 lawsuit challenging the administration’s guidance barring employers from discrimination in the workplace based on sexual orientation and gender identity.
———
