The Texas Supreme Court dismissed a lawsuit over the state’s investigations into families with transgender children because most of the investigations were closed and the children are no longer minors.<\/p>\n
In a ruling Friday, the state\u2019s highest civil court ruled that because the Department of Family and Protective Services isn\u2019t actively investigating the families, they no longer face the alleged threats they outlined in their 2022 lawsuits against the agency.<\/p>\n
The plaintiffs argued against dismissing the case, suggesting DFPS could choose to reopen its investigations without the injunction. But the Texas Supreme Court dismissed those concerns over future investigations as too speculative.<\/p>\n
A spokesperson for the governor’s office referred KERA News to DFPS. KERA News reached out to the attorney general’s office and plaintiffs’ attorneys for comment and will update this story with any responses.<\/p>\n
Gov. Greg Abbott directed DFPS in 2022 to comply with an opinion from the Texas attorney general declaring gender-affirming care for children unlawful and to investigate any children undergoing gender transition.<\/p>\n
State lawmakers eventually passed a law banning gender-affirming care for minors, which took effect in September 2023 after an unsuccessful attempt<\/a> to prevent its enforcement.<\/p>\n The parents of Mary Doe \u2014 a then-16-year-old diagnosed with gender dysphoria \u2014 and Megan Mooney, a psychologist who treats LGBTQ children, sued the governor, DFPS and its commissioner a week after the agency announced it would comply with the attorney general\u2019s opinion.<\/p>\n Gender dysphoria<\/a> is psychological stress over one\u2019s gender identity that is often the precursor to transitioning.<\/p>\n Parents Mirabel Voe, Wanda Roe and Adam and Amber Briggle \u2014 all of whom have transgender sons \u2014 and the national LGBTQ advocacy organization PFLAG sued the same three defendants a few months later.<\/p>\n The plaintiffs argued the DFPS statement was outside of its authority, unconstitutional and issued without the required notice and without accepting public comment. A Travis County judge issued three separate injunctions preventing DFPS from taking any further action.<\/p>\n Since then, DFPS has permanently closed its investigations into three of the four families, and the agency said it won\u2019t look into new reports involving allegations that have already been investigated. DFPS stated its investigation into Doe is only open because the trial court\u2019s temporary injunction prevented the agency from closing it.<\/p>\n Regardless, Doe is no longer a minor, so DFPS has no authority to investigate the family anymore, justices wrote.<\/p>\n The court also ruled it lacks jurisdiction to consider Mooney\u2019s claim that she could face civil and criminal penalties and the loss of her license if she fails to report children who undergo medical transition treatments. Mooney also argued she would be negatively affected even if she did comply with the reporting requirements as she\u2019d violate her professional standards and lose her patients\u2019 trust.<\/p>\n But Mooney\u2019s concerns are not enough to establish standing for the relief she wants, the court wrote.<\/p>\n \u201cHer pleading reveals these concerns are, at this point, purely hypothetical,\u201d the justices wrote. \u201cDr. Mooney has not alleged that any patient has threatened to sue or leave her practice based on her compliance with DFPS\u2019s reporting requirements.\u201d<\/p>\n Chief Justice Jimmy Blacklock wrote in a concurring opinion that he believes Mooney has standing for at least some of her claims to proceed against DFPS.<\/p>\n \u201cI am inclined to view imposition by the government of an increased reporting burden of this nature as an injury sufficient to confer standing,\u201d Blacklock wrote. \u201cIt seems to be an injury to which Mooney remains subject, despite intervening developments in the case.\u201d<\/p>\n Still, he agreed the injunctions should be vacated in light of the state\u2019s ban on gender-affirming care for children.<\/p>\n Toluwani Osibamowo is KERA\u2019s law and justice reporter. Got a tip? Email Toluwani at\u00a0tosibamowo@kera.org<\/a>.<\/p>\n