Texas court protects families seeking gender-affirming care for trans youth

A Texas appeals court has upheld two injunctions in separate legal cases on Friday. The court's order prevents the state's Department of Family and Protective Services from investigating families of transgender youth who are seeking gender-affirming medical care for their children.

The legal dispute began when Texas Governor Greg Abbott, a Republican, directed the state agency in February 2022 to launch investigations into parents who provide their children with gender-affirming treatment. This treatment, which is supported by many major medical groups as safe, effective, and potentially lifesaving, was prohibited by state law in September.

Shortly after Texas Attorney General Ken Paxton labeled gender-affirming surgeries and puberty-affecting drugs for children as child abuse, Governor Abbott ordered the Department of Family and Protective Services commissioner to investigate any reported cases in Texas. Within two weeks, the state had launched nine investigations based on this directive.

In a recent decision, the court of appeals supported LGBTQ+ advocates and families in Texas by upholding a trial court ruling. This decision prevents the agency from investigating parents who support their children with gender-affirming care.

Maya Stanton, 12, and her mother Lisa are photographed at their Colorado home on January 26, 2024.

Maya Stanton, 12, and her mother Lisa are photographed at their Colorado home on January 26, 2024.

Laura Oliverio/CNN

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Anguish remains as families of transgender kids in Texas search for medical care elsewhere and challenge a state ban.

The court has issued a temporary freeze on the state's enforcement of a rule that broadens the definition of "child abuse" and requires investigations into reports of transgender children receiving gender-affirming medical treatment. This freeze will remain in place until a trial can be conducted to determine the legality of the policy.

The trial court determined that families of transgender minors and teens could suffer harm from facing an unjustified child abuse investigation, as well as interference with parental decision-making. In one case, the "Doe" family filed a lawsuit in March after being investigated by the Department of Family and Protective Services for seeking care for their transgender teenager.

Additionally, the judge noted that families could be negatively impacted by the disruption of necessary medical treatment for their adolescent children, as well as by the restriction of Texas parents' rights to make medical decisions for their children based on advice from healthcare providers following medical guidelines.

An advocacy group has spoken out against what they call a dangerous abuse of state power. Last February, the governor instructed the Department of Family and Protective Services to investigate families. However, in March 2022, a district court judge in Travis County ruled that the state had overstepped its authority and deemed the directive unconstitutional. As a result, the state was ordered to temporarily halt investigations, with a trial scheduled for July.

Paxton appealed the district court injunction in March and stated that investigations could continue during the appeal process as allowed by law. Later in the month, Lambda Legal and the ACLU requested emergency relief and a reinstatement of the temporary injunction to prevent imminent and irreparable harm.

The state’s Third Court of Appeals then sided with the civil rights groups, explaining in their opinion that following the Governor’s directive during the litigation would cause irreparable harm. They determined that a temporary injunction was necessary to protect the rights of all parties while the appeals process unfolds.

The Texas Supreme Court ruled in May that Abbott's directive does not have legal authority to bind the Department of Family and Protective Services. The court also stated that Attorney General Paxton's opinion does not change existing laws or obligations of the department.

CNN has contacted Gov. Abbott's office and the Department of Family and Protective Services for their comments.

In this February 2023 photo, people gather outside the Idaho State Capitol in Boise to protest against anti-transgender legislation.

In this February 2023 photo, people gather outside the Idaho State Capitol in Boise to protest against anti-transgender legislation.

Darin Oswald/Idaho Statesman/Getty Images

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Idaho is requesting the Supreme Court to allow them to enforce a ban on transgender care. Many viewed Abbott's instructions to the agency as targeting transgender children and their families. Gender-affirming care, supported by major medical organizations like the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics, is considered appropriate for individuals with gender dysphoria, which is a psychological distress that can occur when a person's gender identity does not match their sex assigned at birth.

The American Academy of Pediatrics disagrees with critics who suggest children should wait until adulthood to transition. They believe this old-fashioned approach assumes gender identity is fixed at a certain age. Research supports valuing a child for who they are rather than focusing on what they may become. Additionally, some therapies like puberty blockers are reversible, and surgeries related to gender transition are rare, as shown by an analysis of health insurance claims from 2017 to 2021.

A new state law, Senate Bill 14, prohibits health care providers from offering gender-transition surgeries, puberty-blocking medication, or hormone therapies to individuals under 18. Violators risk losing their licenses. Similar measures have been introduced in various states recently, often by Republicans. Some argue that banning such care protects against "irreversible" biological changes that could be influenced by parents.

"We are thankful that the court recognized the discriminatory nature of the actions taken by Texas officials," said Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ & HIV Project, in response to the ruling.

"Our clients and many families like them are driven by love and compassion for their transgender children, following medical advice and advocating for the future they deserve," the statement added. "These unfounded and intrusive investigations represent a misuse of state authority, and we appreciate the consistent rulings against them by the Texas courts."

CNN’s Amir Vera and Ashley Killough contributed to this report.

Editor's P/S:

The court's decision to uphold the injunctions is a victory for LGBTQ+ rights and the well-being of transgender youth in Texas. It protects families from the harmful and unnecessary investigations that were being conducted by the Department of Family and Protective Services. The court's ruling also sends a clear message that the state cannot interfere with the medical decisions that families make in consultation with their healthcare providers.

The article highlights the importance of gender-affirming care for transgender youth. This care is supported by major medical organizations and is essential for the mental and physical health of transgender individuals. The decision to ban such care in Texas is discriminatory and harmful, and it is encouraging to see the courts intervening to protect the rights of transgender youth., rather than waiting for a certain age to transition. Banning such care, as in the case of Senate Bill 14, not only denies transgender youth the necessary medical treatment but also sends a harmful message of exclusion and rejection. It is imperative that the government respect the rights of families to make medical decisions for their children, based on the guidance of qualified healthcare providers, and to protect transgender youth from discrimination and harm.