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Statement on SCOTX Decision on Gov. Abbott’s directive to Department of Family and Protective Services

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For Immediate Release: All in For Equality Coalition Responds to Texas Supreme Court Decision on Gov. Abbott’s directive to Department of Family and Protective Services to investigate trans kids and their loving parents

Contact: Johnathan Gooch, Equality Texas, johnathan.gooch@equalitytexas.org

May 13, 2022 – AUSTIN, TEXAS Today the Texas Supreme Court weighed in on Gov. Abbott’s directive to the Department of Family and Protective Services (DFPS) to investigate parents that provide life-saving gender-affirming care to their children. The court was considering an appellate court’s decision to affirm an injunction that prevents DFPS from investigating the families of trans kids. That injunction prevented DFPS or the Governor from investigating families. Today, Texas’ highest court said that the Governor does not have the authority to investigate families or to direct DFPS to do so. While the court’s ruling narrows the scope of the injunction, it unequivocally states that the Governor was acting beyond the scope of his authority.

The Court narrowed the injunction on a technicality—the appeals court was only allowed to consider the potential harm to the plaintiffs, not the harm to all families in Texas. Therefore, the family involved in this dispute and Dr. Megan Mooney will remain protected under the injunction finding that DFPS’s actions were unlawful and caused irreparable harm. It would be unconscionable for DFPS to resume investigations. The Governor’s Directive is not the law and DFPS is not obligated to follow it.

Political leaders in our state, like Abbott and Paxton, have continuously focused on falsely stoking fear, and trying to criminalize transgender young people and their families. It is indefensible for any state leader to weaponize the child welfare system. Loving families belong together; providing life-saving care, recognized by every major medical association, is the epitome of love. Transgender youth deserve to be happy, safe, and—most importantly—alive.

The Court today ruled that the Governor cannot play politics with DFPS. The Governor’s misinformed and malicious opinions do not change DFPS’s mandate. Our coalition of organizations fighting for LGBTQ+ equality calls upon DFPS to end the investigations into trans kids and their families. We trust families and their doctors to make the best decisions about their children’s health care. Trans youth belong here in the state they call home, to live authentically as who they are, and have the right to bodily autonomy. The parents that protect and support them deserve to be celebrated not investigated. 

 

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Equality Texas is the largest statewide organization working to secure full equality for lesbian, gay, bisexual, transgender and queer Texans through political action, education, community organizing, and collaboration.

The Transgender Education Network of Texas is the largest statewide, BIPOC trans-led, trans-focused policy, education, and advocacy organization in the state of Texas.

Founded in 1995, the Texas Freedom Network is a nonpartisan, grassroots organization of more than 150,000 religious and community leaders who support religious freedom, individual liberties and public education.

The American Civil Liberties Union of Texas is the leading civil rights organization in the Lone Star State. Since our formation in 1938, we have worked in the courts, the legislature, and through public education to protect civil rights and individual liberty.

Lambda Legal, a 501(c)(3) nonprofit, is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work.

The Human Rights Campaign envisions a world where every member of the LGBTQ+ family has the freedom to live their truth without fear, and with equality under the law. We empower our 3 million members and supporters to mobilize against attacks on the most marginalized people in our community.

Transgender Legal Defense & Education Fund is a 501(c)(3) nonprofit whose mission is to end discrimination and achieve equality for transgender people, particularly those in our most vulnerable communities.


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