On May 13, the Texas Supreme Court unanimously cleared the way for the state child-welfare agency to resume investigating parents and doctors who provide gender-affirming care for trans youthactions Gov. Greg Abbott has equated to child abuse, NPR reported.
It's a setback for Texas families with transgender children, some of whom are leaving the state or considering moves because of the threat of these investigations.
In early March, District Judge Amy Clark Meachum issued a temporary order halting an investigation into the parents of the 16-year-old girlwhich an appeals court upheld. This latest decision overturns those rulings.
The state supreme court's decision actually provided something for both sides. The court denied the state's request to dismiss the family's lawsuit outright, for instance. The injunction will remain in place that blocks that family from being investigated. But it also said the appeals court had overstepped its authority by issuing a statewide order. It also stated that Abbott's anti-trans directive and an opinion from Texas Attorney General Ken Paxton are "non-binding."
The American Civil Liberties Union, ACLU of Texas, and Lambda Legal issued a joint statement Windy City Times received. It stated, in part:
"Today's decision is a win for our clients and the rule of law. The Texas Supreme Court made clear that the attorney general and governor do not have the authority to order DFPS [the Texas Department of Family and Protective Services] to take any action against families that support their children by providing them with the highest standards of medical care. The court rejected the attorney general's arguments that our lawsuit should be dismissed and affirmed that DFPS is not required to follow the governor's directive or the attorney general's non-binding opinion."