Texas judge blocks state investigations of transgender kids' treatments as child abuse
The decision is part of a civil lawsuit filed by the parents of a transgender child and a psychologist who are challenging Texas Gov. Greg Abbott's order to investigate "gender-transitioning procedures" among minors.
Texas District Judge Amy Clark Meachum blocked the state's Department of Family Protective Services (DFPS) on Friday from investigating parents of transgender children for child abuse with regard to providing hormone therapy.
The decision is the most recent in a weeklong civil lawsuit filed by the parents of a transgender child and a psychologist from the Houston area who are challenging Texas Gov. Greg Abbott's order from last month calling for "prompt and thorough investigation" into reported instances of "gender-transitioning procedures" among minors.
"Gender-affirming care was not investigated as child abuse by DFPS until after Feb. 22, 2022. The series of directives and decisions by the governor, the executive director and other decision-makers at DFPS changed the status quo for transgender children and their families, as well as professionals who offer treatment, throughout the state of Texas," Meachum said at the conclusion of the court hearing, according to Courthouse News Service.
"The governor's directive was given the effect of a new law or a new agency rule despite no new legislation, regulation or even stated agency policy. [Texas Governor Greg] Abbott and [DFPS] Commissioner [Jaime] Masters' actions violate separation of powers by impermissibly approaching into the legislative domain."
A trial has been scheduled for July 11.
Last week, Meachum had granted a temporary restraining order in a case brought by the American Civil Liberties Union and Lambda Legal that was filed on behalf of a transgender child’s parents who were being investigated by child welfare workers after the mother, who is a state employee, asked questions about the directive, The Texas Tribune reported.
According to DFPS, nine families are currently under investigation.