Austin Appellate Court Blocks State from Investigating Families Providing Gender-affirming Care to Children

Austin, Texas – In a significant decision, an Austin appellate court has upheld two lower court injunctions that were earlier issued, prohibiting the Department of Family and Protective Services (DFPS) from investigating families who have chosen to provide gender-affirming care to their children.

The Court’s Decision

The Austin appellate court ruled on March 29th, in favor of families providing gender-affirming treatments to their children. Justice Gisela Triana, responsible for announcing the decision, declared that families of transgender children have a fundamental right to manage their offspring’s medical care without the threat of facing investigations. Furthermore, children also have the right to receive such medical treatments.

Initial Direction From Governor

In an official statement shared in February 2022, Governor Greg Abbott urged DFPS to initiate investigations into “reported instances of Texas children being subjected to abusive gender-transitioning procedures”. He further asserted that Texas law necessitates licensed professionals, including teachers and doctors, to report such instances of “abuse”. He added that DFPS should be responsible for investigating parents whose children received the said gender-affirming care.

PFLAG’s Lawsuit

In response to the Governor’s directive, a leading LGBTQ+ advocacy group PFLAG decided to take legal recourse against the governor and the DFPS in 2022. PFLAG demanded in their lawsuit that state investigations into families affiliated with the organization be blocked by the court.

Recent Ruling’s Implication

Following the recent ruling, DFPS has been barred from investigating families based on allegations that they are providing gender-affirming care to their children, as stated in PFLAG’s press release. This injunction also restricts the DFPS from taking further actions in any pending cases, except to close them.

In a statement, PFLAG National CEO Brian K. Bond expressed his gratitude to the court. He confirmed that PFLAG and its members and supporters would continue “leading with love” and said that when “courageous love takes action, our families are stronger, our communities are safer and our LGBTQ+ loved ones across races, places, and genders thrive.”