The appeals court’s decision allows a lower court to hold a hearing on whether Gov. Greg Abbott’s directive to investigate certain gender-affirming care as child abuse can stand.
directing Texas Child Protective Services to open investigations into families that provide this care to their children.focuses on “social transition” — allowing a child to express their gender how they’d like — some transgender children take puberty blockers, a completely reversible medical treatment that’s prescribed for a wide range of situations beyond transition. Paxton and Abbott also cited concerns over gender-affirming surgeries that are rarely, if ever, used on children.
The state has opened at least five child welfare investigations into parents of trans children since Abbott issued his directive on Feb. 22, though the real number may be much higher. The state has declined to provide the number of active investigations, citing the pending litigation. on behalf of a state worker who has a trans child and alleges she was put on leave and investigated by CPS after asking questions about the directive.Last week, state District Judge Amy Clark Meachum granted a temporary restraining order blocking the state from investigating the family. Meachum also scheduled a hearing for Friday to hear arguments on whether that injunction should become permanent — and extend to all parents of transgender children.
Paxton immediately appealed that ruling, and on Wednesday, the Texas 3rd Court of Appeals ruled that it did not have jurisdiction to proceed.
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