Judge temporarily blocks Texas investigations into families of trans kids

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3/11/22

District Judge Amy Clark Meachum said the governor’s directive for the state child welfare agency to investigate parents who provide gender-affirming care to their children was “beyond the scope of his authority and unconstitutional.” The statewide injunction will remain in effect until the case is heard in July. A state judge ruled Friday that providing gender-affirming care is not a reason for the state to investigate a family for child abuse, and halted all such investigations. The statewide injunction from District Judge Amy Clark Meachum will remain in effect until “this court, and potentially the Court of Appeals, and the Supreme Court of Texas” hear the case, she said. Meachum said there is a “substantial likelihood” that lawyers for the American Civil Liberties Union and Lambda Legal will prevail in getting Gov. Greg Abbott’s directive for such investigations permanently overturned, calling his actions “beyond the scope of his duty and unconstitutional.” This ruling came after a day of arguments about the Feb. 22. directive, in which Abbott told the Department of Family and Protective Services to open child abuse investigations into parents who provide gender-affirming care to their transgender children. Abbott specifically addressed puberty blockers, which are completely reversible, and surgeries that are rarely performed on minors. Since the directive, the state has opened nine investigations into families who provide this medical care to their children. The injunction stops the state from investigating anyone for child abuse based solely on the allegation that they provided gender-affirming medical treatment. It also stops anyone from being prosecuted for child abuse for providing gender-affirming care and lifts the mandatory reporting requirements laid out in the directive. Meachum ruled that Abbott’s directive had the effect of a new law or agency rule “despite no new legislation, regulation or even stated agency policy,” which improperly encroached on the legislative arm of the government.

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