Texas appeals court ruling that blocks some transgender child welfare checks

A Texas judge on Friday expanded her existing order protecting the families of transgender youth who have undergone gender-affirming medical care from child abuse investigations, but a subsequent appeal from the state means the inquiries can continue.  

Travis County District Court Judge Amy Clark Meachum in a new filing issued a temporary injunction blocking the Texas Department of Family and Protective Services and its Commissioner Jamie Masters from investigating members of the group Parents, Families, and Friends of Lesbians and Gays, Inc. (PFLAG). 

Texas Attorney General Ken Paxton immediately appealed Meachum’s move, meaning the investigations can continue, according to The Washington Post. 

Meachum argued in her filing that the PFLAG plaintiffs “will suffer probable, imminent, and irreparable injury” unless the DFPS and Masters are blocked from enforcing a new rule “expanding the definition of ‘child abuse’ to presumptively treat the provision of gender-affirming medical care, including puberty blockers and hormone therapy, as necessitating an investigation.” 

The new DFPS rule follows a February order from Texas Gov. Greg Abbott (R) requiring agencies in the state to investigate reported instances of transgender children receiving gender-affirming care.

Paxton had also issued an opinion arguing that gender-affirming health care constitutes abuse. 

“The Court finds this new rule was improperly promulgated by Defendants and interferes with or impairs – or threatens to interfere with or impair – the legal rights and privileges of PFLAG members and their families,” Meachum wrote in the Friday filing. 

The rule subject families to “unwarranted” investigations that would infringe on privacy and mean “the chilling of the exercise of the right of Texas parents to make medical decisions for their children relying upon the advice and recommendation of their health care providers acting consistent with prevailing medical guidelines,” Meachum said.

Texas has become a hotbed for debate over transgender rights as Abbott and other Republican leaders move to curtail them.

Texas high school students last month walked out in protest of new school policies in their district restricting lessons about race, gender identity and sexual orientation.

Texas parents earlier this month said their transgender eight-grader was removed from class to be questioned by DFPS.