America’s largest civil rights non-profit has filed a lawsuit asking a Texas state court to block officials from investigating parents who seek medically necessary gender-affirming care for their children.
The lawsuit, filed on Tuesday by the American Civil Liberties Union (ACLU), ACLU of Texas and Lambda Legal, named the Republican governor, Greg Abbott, as a defendant, along with the Texas department of family and protective services (DFPS) and its commissioner, Jaime Masters.
The lawsuit was filed on behalf of a DFPS employee, her husband and her transgender child, who have chosen to remain anonymous. According to the lawsuit, an investigator from child protective services visited the family’s home to interview them on 25 February and also sought access to the child’s medical records, but their parents refused to sign the release forms.
Last week, Abbott and Ken Paxton, the Texas attorney general, sparked outrage after Abbott ordered DFPS to investigate gender-affirming surgeries and medical care, which Paxton called “child abuse”.
The lawsuit argues that Abbott and DFPS “trampled on the constitutional rights of transgender children, their parents, and professionals who provide vital care to transgender children”.
“The defendants have, without constitutional or statutory authority, acted to create a new definition of ‘child abuse’ that singles out a subset of loving parents for scrutiny, investigation and potential family separation,” the lawsuit said, adding that their actions have caused “terror and anxiety” among transgender youth and their families and have singled them out “for discrimination and harassment”.
Announcing the state’s move last week, Abbott said: “There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted. [DFPS] has a responsibility to act accordingly. I’ll do everything I can to protect against those who take advantage of and harm young Texans.”
Abbott noted that Texas law imposes reporting requirements upon all licensed professionals who have direct contact with children, including teachers, nurses, doctors, daycare employees, employees of a clinic or healthcare facility that provides reproductive services, and juvenile probation officers.
Under the Texas family code, failure to report abuse is a criminal offense.
“No family should have to fear being torn apart because they are supporting their trans child,” said Adri Pérez, a policy and advocacy strategist at the ACLU of Texas.
Paul Castillo, a Lambda Legal senior counsel echoed Pérez’s words, saying, “For Governor Abbott and Attorney General Paxton, it seems the cruelty is the point …
“They are joining a politically motivated misinformation campaign with no consideration of medical science and seem determined to criminalize parents seeking to care and provide for their kids, and medical professionals abiding by accepted standards of care for transgender youth.”
According to ACLU, a court could rule as soon as Tuesday.
