A Texas policy that would expand the definition of child abuse to include gender-affirming care remains blocked following a Friday decision by the Texas Court of Appeals for the 3rd District.
The policy came about in early 2022 when Texas Gov. Greg Abbott sent a letter to the state’s Department of Family and Protective Services calling on licensed professionals — including teachers and nurses — to report parents for child abuse if their children were receiving gender-affirming medical care. The letter led DFPS to open investigations within weeks.
Civil rights organizations Lambda Legal and the American Civil Liberties Union of Texas almost immediately challenged the policy in court and warned educators they should not change their practices. The groups contended the policy was not enforceable under state law despite being issued by Texas Attorney General Ken Paxton.
The organizations' lawsuits resulted in a temporary block being put in place by Texas District Judge Amy Meachum.
Friday’s decision from the Texas Court of Appeals upheld that block.
In arguments before the Texas Court of Appeals, DFPS said the families, represented in the lawsuits "speculate as to harm that could befall them if the [child abuse] investigations do not resolve in a favorable way,” according to the opinion released Friday. The agency also argued that none of its investigations "went beyond ensuring the wellbeing of the child and confirming the child either was not on [gender-affirming medical care] or was receiving [gender-affirming medical care] as part of medically necessary treatment.”
However, "these arguments mischaracterize the harms that the Families allege and that the trial court found were supported by some evidence," said Justice Gisela Triana, writing for the state appeals court.
Families who were investigated said they were being investigated unlawfully, that the state was interfering with their parental decision-making and infringing upon their right to make medical decisions for their children, and that their children were being deprived of medically necessary care.
"These baseless and invasive investigations are a dangerous abuse of the state’s power and one we’re thankful the Texas courts have consistently ruled against," said Chase Strangio, deputy director for transgender justice at ACLU’s LGBTQ & HIV Project, in a statement Friday following the court's decision.
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