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Judge temporarily blocks some Texas investigations into gender-affirming care for trans kids

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Posted at 3:14 PM, Jun 10, 2022
and last updated 2022-06-10 16:14:52-04

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An Austin judge has temporarily stopped the state from investigating many parents who provide gender-affirming care to their transgender children. The state has ruled out allegations of child abuse against one family under investigation, but at least eight more cases remain open.

Travis County District Judge Jan Soifer issued a temporary restraining order Friday in a lawsuit filed on behalf of three families and members of PFLAG, an LGBTQ advocacy group that claims more than 600 members in Texas.

This is the latest chapter in an ongoing legal battle stemming from a February order issued by Gov. Greg Abbott, directing the Department of Family and Protective Services to investigate parents who provide gender-affirming care to their transgender children.

[Parents of a trans child who reached out to Attorney General Ken Paxton over dinner are now under investigation for child abuse]

The Texas Supreme Court recently blocked the state from investigating one family, which had brought a lawsuit challenging the directive, but overturned a wider injunction that stopped the state from investigating other families.

This new lawsuit, filed Wednesday by the American Civil Liberties Union and Lambda Legal, seeks to block investigations into all parents of transgender children who belong to PFLAG.

During Friday’s hearing, Lambda Legal’s Paul Castillo revealed that the state has ruled out allegations of child abuse against Amber and Adam Briggle, who were under investigation for providing gender-affirming care to their 14-year-old son.

The Briggle family, outspoken advocates for transgender rights, once invited Republican Attorney General Ken Paxton over for dinner. Five years later, they ended up at the center of a child abuse investigation that stemmed, in part, from a nonbinding legal opinion that Paxton issued in February.

While their case has been closed, many others remain ongoing. Castillo said one of the families involved in the lawsuit was visited by DFPS investigators Friday morning.

In the hearing, Assistant Attorney General Courtney Corbello revisited the state’s argument that merely being under investigation by DFPS does not constitute harm to a family.

She also argued that PFLAG cannot bring this legal challenge on behalf of its members since there is no evidence that PFLAG members are being targeted for investigation based on their membership in the association.

Soifer disagreed, granting the temporary restraining order on behalf of the three named plaintiffs and PFLAG members.

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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2022/06/10/texas-gender-affirming-care-child-abuse/.

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