Texas court upholds ruling blocking DFPS from investigation of trans youth, families

The Texas Court of Appeals in the Third District upheld rulings preventing investigations into families solely based on allegations they are providing gender-affirming care to their children.

According to the ACLU, the cases are against the injunctions by the Texas Department of Family and Protective Services (DFPS) and former Commissioner Jaime Masters.

SUGGESTED: Texas temporarily blocked from investigating the family of a trans teen over gender-affirming care

In February 2022, Texas Governor Greg Abbott, who was also named in the lawsuit, directed DFPS to investigate these acts because they were a form of child abuse.

AUSTIN, TEXAS - MARCH 27: Children watch as demonstrators protest bills HB 1686 and SB 14 during a 'Fight For Our Lives' rally at the Texas State Capitol on March 27, 2023 in Austin, Texas. Community members and activists gathered at the Capitol to p

"Because the Texas Department of Family and Protective Services is responsible for protecting children from abuse, I hereby direct your agency to conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas," the letter from Gov. Abbott read.

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The court's decision emerged from two lawsuits - PFLAG v. Abbott and Doe v. Abbott - marks a triumph for plaintiffs represented by a coalition of legal advocacy groups including the American Civil Liberties Union (ACLU) of Texas, Lambda Legal, the ACLU Jon L. Stryker and Slobodan Randjelović LGBTQ & HIV Project, the ACLU Women’s Rights Project, and the law firm Baker Botts LLP.

"Texas PFLAG families are grateful that the court has once again recognized the harm caused by investigating parents for affirming and loving their transgender kids," said Brian K. Bond (he/him), CEO of PFLAG National.