Texas court rejects Ken Paxton’s request for information on transgender youth

A Texas court has rejected Attorney General Ken Paxton’s request for PFLAG National to provide information and documents related to its assistance of families in Texas who are seeking gender-affirming medical treatment for transgender youth.

The Travis County District Court has granted a temporary injunction against Paxton’s office on Monday. Prior to this, the court had already issued a temporary restraining order in the case, which is scheduled to expire on Friday.

In early February, Paxton, a staunchly anti-LGBTQ+ Republican, made a request for PFLAG National to provide documents, communications, and other relevant information pertaining to their work with families supporting transgender youth. This request also included the disclosure of names and addresses of transgender youth members. PFLAG National is currently involved in two lawsuits challenging Texas’s restrictions on gender-affirming care for trans youth, namely the ban on this care and the order from Gov. Greg Abbott authorizing investigations into families who allow their children to undergo such care, alleging child abuse.

In response to the demand, PFLAG National has taken legal action against Paxton’s office. The American Civil Liberties Union, along with its Texas affiliate, Lambda Legal, the Transgender Law Center, and the law firm of Arnold and Porter, are representing PFLAG in this lawsuit. The legal team has requested the court to issue an injunction that would prevent the attorney general’s investigative demands from moving forward while the case is ongoing. Fortunately, the court has granted the injunction, although there is a possibility that Paxton may appeal this decision.

Brian K. Bond, CEO of PFLAG National, expressed his satisfaction with the court’s decision, stating that PFLAG families in Texas have received additional protection. He emphasized that the Attorney General’s attempt to obtain private information through an outrageous demand was not acceptable. Bond asserted that transgender youth and their loved ones deserve better treatment, and PFLAG will persist in their fight to safeguard their families. He concluded by affirming that supporting and loving LGBTQ+ children is always the right course of action.

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Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal, praised the court’s decision to protect PFLAG National and its Texas member families from the Attorney General’s outrageous demands. She acknowledged the burden that these demands imposed and emphasized the importance of allowing Texas families to support their transgender children without fear of retaliation.

“We are incredibly grateful that the court recognized the blatant misuse of authority by the Office of the Attorney General,” expressed Elizabeth Gill, a staff attorney for the ACLU’s LGBTQ & HIV Project. “The instructions imposed upon PFLAG are unfounded intimidation strategies, clearly designed to stifle protected expression and impede the organization’s advocacy for families with transgender youth. Our dedication to safeguarding the rights of PFLAG and its Texas members remains unwavering.”

“PFLAG National has always been a staunch advocate for Texas families with transgender youth, bravely confronting the state’s relentless persecution,” stated Chloe Kempf, an attorney with the ACLU of Texas. She further emphasized, “This recent court ruling is a significant milestone, granting PFLAG and its members the freedom to unite and support each other without fear of retaliation or intimidation from the Attorney General. However, we must remain vigilant, as the battle is far from over. All Texans, regardless of their race, gender, or background, should be able to actively participate in civil society and advocate for their safety, equality, and constitutional rights.”

“Texas families can now breathe a sigh of relief, knowing that their privacy and constitutional rights are still safeguarded in the state,” said Lynly Egyes, Legal Director at Transgender Law Center. “We join PFLAG in celebrating this victory, as they understand that every young person deserves the freedom to flourish and be supported by loving families.”

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