AUSTIN, Texas — The Texas Third Court of Appeals on Monday reinstated an injunction that blocks the state of Texas from investigating the parents of transgender children for permitting them to undergo gender-affirming procedures.
The ruling was on a motion filed by the ACLU of Texas and Lambda Legal. The two earlier filed a lawsuit on behalf of a Texas family with a transgender teenager challenging a directive from Gov. Greg Abbott requiring the Texas Department of Family and Protective Services to start those investigations.
A district judge earlier in March ruled in favor of the plaintiffs. Texas Attorney General Ken Paxton appealed the ruling, and then claimed the judge’s order was frozen, permitting those investigations to resume.
In reinstating the order, the appeals court said attorneys for the plaintiffs sufficiently proved that allowing the investigations to continue would cause “irreparable harm.”
“In this case, the trial court reviewed the evidence and concluded that appellees had established a probable right to recovery on their claims,” the justices wrote. “It further concluded that the appellees had made a sufficient showing that allowing appellants to follow the Governor’s directive pending the outcome of this litigation would result in irreparable harm. Having reviewed the record, we conclude that reinstating the temporary injunction is necessary to maintain the status quo and preserve the rights of all parties.”
The case is scheduled to go to trial later this year.
Abbott’s directive included investigation of parents of transgender children who permit them to get procedures including a regimen of prescribed puberty blockers.
The directive followed a non-binding opinion by Paxton that states that some gender-affirming care for transgender children constitutes child abuse under state law.