Texas
Judge temporarily blocks investigations into families of Texas trans kids
District Judge Amy Clark Meachum said the governor’s directive for the state child welfare agency to investigate parents who provide gender-affirming care to their children was “beyond the scope of his authority and unconstitutional.” The statewide injunction will remain in effect until the case is heard in July.
This article originally appeared in The Texas Tribune
A state judge ruled Friday that providing gender-affirming care is not a reason for the state to investigate a family for child abuse, and halted all such investigations.
The statewide injunction from District Judge Amy Clark Meachum will remain in effect until “this court, and potentially the Court of Appeals, and the Supreme Court of Texas” hear the case, she said.
Meachum said there is a “substantial likelihood” that lawyers for the American Civil Liberties Union and Lambda Legal will prevail in getting Gov. Greg Abbott’s directive for such investigations permanently overturned, calling his actions “beyond the scope of his duty and unconstitutional.”
This ruling came after a day of arguments about the Feb. 22. directive, in which Abbott told the Department of Family and Protective Services to open child abuse investigations into parents who provide gender-affirming care to their transgender children. Abbott specifically addressed puberty blockers, which are completely reversible, and surgeries that are rarely performed on minors.
Since the directive, the state has opened nine investigations into families who provide this medical care to their children. The injunction stops the state from investigating anyone for child abuse based solely on the allegation that they provided gender-affirming medical treatment. It also stops anyone from being prosecuted for child abuse for providing gender-affirming care and lifts the mandatory reporting requirements laid out in the directive.
Meachum ruled that Abbott’s directive had the effect of a new law or agency rule “despite no new legislation, regulation or even stated agency policy,” which improperly encroached on the legislative arm of the government.
A DFPS supervisor who was called to testify at the Friday court hearing said that the child abuse investigations into families of transgender children are being held to a different standard than other cases.
Investigators can’t discuss cases with colleagues via text or email, and they are required to investigate the cases, even if there’s no evidence of abuse, said Randa Mulanax, an investigative supervisor with DFPS.
Mulanax has decided to resign as a result of this directive after six years with the agency.
“I’ve always felt that, at the end of the day, the department had children’s best interest at heart,” she said. “I no longer feel that way.”
Abbott’s move to have families of transgender children investigated for abuse — made one week before the state’s March 1 primary election — followed a nonbinding legal opinion from Attorney General Ken Paxton.
The ACLU and Lambda Legal filed a lawsuit against the state on behalf of the parents of a transgender child who were investigated by child welfare workers after the mother, a state employee, asked questions about the new directive.
Meachum granted a temporary restraining order last week, which halted that particular case, but there are currently nine families under investigation for providing gender-affirming care, according to DFPS.
Lawyers for the ACLU and Lambda argued in court Friday that Meachum should grant a statewide injunction on all of these investigations until the legitimacy of this directive can be argued in trial.
“The defendant’s directives and actions are traumatizing,” said ACLU of Texas attorney Brian Klosterboer. He added that the actions are “killing the ability of transgender youth to continue to get necessary care, and forcing physicians and mandatory reporters … to decide between civil and criminal penalties … and doing what’s right for the health of their patients.”
A lawyer for the state argued that simply opening a child abuse investigation into a family is not necessarily evidence of harm to that family, and that it would be overreach for “the judicial branch to infringe on the executive branch’s ability to perform such a critical task as ensuring the welfare of the state’s children.”
Mulanax said employees have been told not to communicate with colleagues about these cases via email or text message, which she described as unusual and “unethical.”
She said investigators have been told they cannot mark these cases as “priority none,” a designation staff members use when they believe a report does not merit investigation, and must alert department leadership and the general counsel when they’re working on one of these cases.
A lawyer for the state asked Mulanax if any transgender children had been removed from their homes or been taken off of medication prescribed by a doctor. Mulanax said the cases had not been resolved and to her knowledge, no one had been removed or taken off of medication.
A psychologist who treats children with gender dysphoria testified to the court about the “outright panic” that her patients and health care providers have been feeling since this directive went into effect.
Megan Mooney is a plaintiff in the lawsuit. She testified about the conflict this directive has created for herself and other professionals whom the state considers mandatory reporters of child abuse.
A requirement to report her clients for receiving “medically necessary and professionally upheld standards of care” would be devastating to her clients and her business, Mooney said.
She said she doesn’t believe she is in violation of any laws, since Paxton’s opinion was nonbinding, but the governor’s directive has sowed confusion and anxiety, as well as created an ethical conflict.
Assistant Attorney General Courtney Corbello asked whether Mooney’s personal ethical disagreement with a policy means that she doesn’t have to follow it.
“My ethical code from the American Psychological Association suggests that when our ethics and our laws are in conflict, we take every effort to remedy that,” Mooney said. “That is in part why I am here today.”
Corbello walked Mooney through the World Professional Association for Transgender Health standards for providing care for minors with gender dysphoria — assessing the child, providing family counseling and psychotherapy to children, treating any co-existing mental health concerns and providing fully reversible physical interventions, among other steps.
Mooney agreed with these steps, though she said sometimes they happen simultaneously.
At a Department of Family and Protective Services meeting on Friday, Heather Crawford said children will die because DFPS complied with Abbott’s order. Her own child, who is transgender, attempted suicide when she did not at first affirm their gender identity. She read a note at the meeting that her child had written before the attempt.
“This note was written in blue, glitter pen. They were 12 years old. This is what happens when trans children are not giving the affirming care that is their God-given right,” Crawford said. “If DFPS fails to comply with your moral and legal obligation to protect all of the children of Texas, the department and each person working in the or for the department will be complicit in every single one of those deaths.”
Since the guidance was announced, crisis counselors at the Trevor Project reported young trans and nonbinary Texans are having suicidal thoughts as they fear losing access to medical care and being separated from their families, said Sam Ames, the director of advocacy and government affairs at organization, which works to prevent suicides in the LGBTQ community.
More than 80 other people spoke during public comment at the DFPS meeting, and many read written testimony from trans children and their families who were terrified to attend themselves. Sarah Orman, an advocate for children in the foster care system with Court Appointed Special Advocates, read testimony on behalf of an 8-year-old transgender girl.
“Before the Texas Legislature in 2021, I never really spent much time thinking about how different I am that other kids. My friends who know I’m trans don’t care. They love me just the same,” the girl wrote. “It wasn’t until last year that I’ve worried about not being treated the same as others. And just last week, I found out what a lawyer is and who CPS is. My mom had to explain that so people might come to talk to me and ask me a bunch of questions that might hurt to hear.”
Late Friday, Paxton said on Twitter that his office would be appealing Meachum’s ruling. “I’m appealing. I’ll win this fight to protect our Texas children,” Paxton tweeted.
Meanwhile, Lambda Legal attorney Currey Cook said his organization was “thrilled” by Meachum’s decision.
“It’s been such a harrowing past week for everyone living under the threat of being persecuted just for supporting your kids,” he said. “What the governor did put in stark relief the steps that some government officials are willing to take for political gain.”
Reporter Sneha Dey contributed to this story.
Disclosure: The ACLU of Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.
Education
Under Katy ISD gender policy, student identities disclosed to parents 19 times since August
Public records obtained by the Houston Landing offer the first glimpse at how often the new, hotly contested policy has been used to disclose LGBTQ+ students’ identities to parents — even if the students aren’t ready.
Since narrowly passing a controversial gender policy two months ago, Katy Independent School District has sent 19 notifications informing parents that their child identified themselves as transgender or requested to use different names or pronouns at school.
The number of parental notifications, obtained by the Houston Landing through a public records request, is the first glimpse at how often the new, hotly contested policy has been used to disclose LGBTQ+ students’ identities to parents — even if the students aren’t ready.
So far, the district averages a notification to a parent roughly once every three days.
The district’s policy requires staff to inform parents if their student requests to use different pronouns or names, or if they identify themselves as transgender — and obtain written parental consent to comply with the request. It also prohibits employees from asking for students’ preferred pronouns and discussing “gender fluidity,” and requires students to use bathrooms that align with their sex assigned at birth.
Jarred Burton, a student leader at Tompkins High School’s Sexuality and Gender Alliance, said the number of notifications already sent to parents is both depressing and surprising. Critics, including Katy parents, LGBTQ+ students and local advocates, have blasted the policy as a dangerous measure with the potential to expose students’ gender identities to unsupportive parents, further harming a community that already faces a higher risk of mental health issues than their peers.
“It’s just sad to see this actually happening,” Burton said. “It shows that (the policy) is not a bluff.”
Board members who supported the policy hailed it as a measure that would center parents’ right to be informed about their child’s gender identity and protect teachers from making uncomfortable decisions about concealing such information from parents.
“(Parents are) supposed to be looking after the health and welfare of their child,” Board President Victor Perez said at a late August meeting. “Withholding that information from the parent, that is a great burden on staff.”
It’s unclear how many parents were already aware of their child’s gender identity. District officials also did not make any board members available for an interview on the matter.
“The policy is intended to provide parents and guardians the opportunity to be made aware of their child’s name change request, and the opportunity to grant or deny approval of said request,” Katy spokesperson Nick Petito said in a statement Wednesday.
Ash Thornton, a transgender man and a junior at Tompkins High School, said the number of notifications being sent home will discourage LGBTQ+ students from feeling safe to explore their identities.
“It signals that it’s something bad, them being transgender or expressing gender in a way that’s different,” Thornton said. “It definitely messes up student-teacher relationships.”
Employees are not required to comply with a student’s name or pronoun change even if a parent gives consent, the policy states.
One staff member on every campus is responsible for processing and sending notifications to parents and guardians, Petito said. The policy makes an exception for “cases of suspected abuse.”
Students belonging to LGBTQ+ clubs have told the Landing the policy has caused their schools to become less of a safe space and has instilled fear among LGBTQ+ youth in Katy.
“There’s just been this looming cloud of dread over a lot of people,” Burton said in a September interview. “There’s gonna be a lot of people that get in trouble by their parents or get hurt. … It just sometimes keeps me up at night a little bit because it’s hard to imagine how much hate people can have to pass something like this.”
The number of notifications sent to parents to date leaves Thornton to wonder what else is to come.
“It’s only been two months and there’s already 19, how many more people are going to be affected by even just the end of the semester?” he said.
The Houston Landing is a nonprofit newsroom devoted to public service journalism for all Houstonians.
This article first appeared on the Houston Landing and is republished here with permission.
88th Texas Legislature
Texas’ ban on certain drag shows is unconstitutional, federal judge says
Senate Bill 12 would have prohibited performers from dancing suggestively or wearing certain prosthetics in front of children. Critics sued the state, saying it violated the First Amendment.
This article originally appeared in The Texas Tribune
Texas cannot enforce a new law that restricts some public drag shows, a federal judge said Tuesday in declaring the legislation unconstitutional.
U.S. District Judge David Hittner found Senate Bill 12 “impermissibly infringes on the First Amendment and chills free speech.” The struck-down law prohibited any performers from dancing suggestively or wearing certain prosthetics in front of children.
Hittner ruled that language discriminated based on viewpoint and is unconstitutionally overbroad and vague.
“The Court sees no way to read the provisions of SB 12 without concluding that a large amount of constitutionally-protected conduct can and will be wrapped up in the enforcement of SB 12,” the ruling reads. “It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, dancing, live theater, and other common public occurrences could possibly become a civil or criminal violation.”
The plaintiffs who sued the state celebrated the order, saying in statements shared by their lawyers that the decision affirmed their rights to express themselves.
“I am relieved and grateful for the court’s ruling,” drag performer Brigitte Bandit said. “My livelihood and community has seen enough hatred and harm from our elected officials. This decision is a much needed reminder that queer Texans belong and we deserve to be heard by our lawmakers.”
Republican state Sen. Bryan Hughes, who authored SB 12, defended the bill and pledged to challenge the ruling. The Texas Attorney General’s Office will appeal the ruling, a spokesperson said.
“Surely we can agree that children should be protected from sexually explicit performances. That’s what Senate Bill 12 is about,” Hughes said. “This is a common sense and completely constitutional law, and we look forward to defending it all the way to the Supreme Court if that’s what it takes.”
Critics of the bill, though, say that Republican lawmakers and officials this year have incorrectly — and unfairly — portrayed all drag performances as inherently sexual or obscene.
While SB 12 was originally billed as legislation that would prevent children from seeing drag shows, the final version did not directly reference people dressing as the opposite gender.
However, Republican leaders, including Gov. Greg Abbott, made it clear that drag shows were the bill’s target — comments and history that Hittner wrote “the court cannot ignore.”
Last month, Hittner temporarily blocked SB 12 from taking effect on Sept. 1 after a two-day hearing for a lawsuit filed against the state by a drag queen and LGBTQ+ groups.
LGBTQ+ Texans, advocates, artists and business groups who sued the state, argued that the law discriminates against the content of performances and restricts equally protected free expression that is protected under the First and 14th Amendments.
In Tuesday’s 56-page ruling, Hittner noted a survey of court decisions “reveals little divergence from the opinion that drag performances are expressive content that is afforded First Amendment protection.”
“Drag shows express a litany of emotions and purposes, from humor and pure entertainment to social commentary on gender roles,” the ruling reads. “There is no doubt that at the bare minimum these performances are meant to be a form of art that is meant to entertain, alone this would warrant some level of First Amendment protection.”
Other states have passed similar legislation restricting drag performance, which have also been struck down by federal courts.
In June, a federal judge in Tennessee, appointed by former President Donald Trump, ruled a law there was unconstitutional in its effort to suppress First Amendment-protected speech.
Bucking that trend, another Texas federal judge last week issued an opinion that supported drag show restrictions.
U.S. District Judge Matthew Kacsmaryk said that West Texas A&M University President Walter Wendler acted within his authority when he canceled a campus drag show. Kacsmaryk wrote that Free Speech jurisprudence had “not clearly established that all ‘drag shows’ are categorically ‘expressive conduct.’”
Hittner acknowledged his Panhandle counterpart’s ruling Tuesday. Hittner pointed to a letter in which Wendler explained his reasoning for banning the show, comparing drag to blackface and a slapstick sideshow.
“The president’s sentiment reinforces this Court’s opinion that while some people may find a performance offensive or morally objectionable, it does not mean the performance is not expressive or given First Amendment protection,” he wrote. “Not all people will like or condone certain performances. This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”
LGBTQ+ advocates welcomed Hittner’s decision Tuesday.
“Today’s ruling is a celebration for the LGBTQ community and those who support free expression in the Lone Star State,” GLAAD President and Chief Executive Officer Sarah Kate Ellis. “Texas now joins an increasing number of states whose discriminatory and baseless bans on drag performances are being recognized as unconstitutional and an attack against everyone’s freedoms.”
William Melhado contributed to this story.
The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.
Houston
Texas consistently leads the nation in attacks on trans people. Here’s how Houstonians are fighting back.
After attending the Houston Pride parade in June, Søren Beregan just wanted to dance. Beregan, a trans man, and his partner, who is nonbinary, were enjoying themselves at a Montrose-area nightclub when a man approached them.
“I’m better than you,” the man said aggressively.
Caught by surprise, Beregan laughed it off. “In a way it felt almost affirming as a trans guy to have a cis guy feel threatened by me,” he said, using a shortened form of the word cisgender, which means someone whose gender identity corresponds to their sex at birth. “But then later, I was like, wow, that sucks. It is scary to walk around in public … and know that there are people who are upset seeing you just living your life.”
Although he didn’t show it, Beregan felt helpless. In the past, when he was femme-presenting, he occasionally wore dresses and heels. “I was never taught how to fight. I was never taught how to defend myself. It was always ‘have a guy around you,’” he said.
But since transitioning over a year ago, things are different. He wants to be self-sufficient at a time where there have been increased attacks and hateful rhetoric against his community statewide.
On a recent Saturday morning, Beregan was among roughly 20 attendees in a de-escalation and self-defense workshop at the Montrose Center aimed at training participants on how to defend themselves from a physical attack, in lieu of carrying a gun.
It’s one of the ways that some trans Houstonians are taking matters into their own hands to protect themselves in Texas, a state that introduced more anti-LGBTQ+ and anti-transgender bills than any other state this year, and at a time when data shows anti-LGBTQ+ rhetoric is on the rise.
Texas lawmakers passed three bills this year that impact trans rights: Senate Bill 12, which bans “sexually oriented performances” – a term originally used to classify drag shows – in the presence of minors; Senate Bill 14, which bans medical care for trans youth to treat gender transitioning or gender dysphoria; and Senate Bill 15, which requires trans college athletes to compete on sports teams based on their biological sex. SB 14 and SB 15 went into effect on Sept. 1, while SB 12 awaits a final ruling from a federal judge in Houston after the ACLU of Texas challenged the law on behalf of several LGBTQ+ organizations.
“With all the anti-trans legislation in Texas, it’s like we’re the next target,” said George Zemanek, the president of Transmasculine Alliance Houston. The group, which organized the weekend workshop, provides community support to anyone assigned female at birth who is questioning their gender or who identifies as non-binary, female-to-male or transmasculine – a term that includes both trans men and nonbinary people assigned female at birth who define their gender as masculine, or who seek medical transition towards masculinization.
Zemanek said the thinking behind the quarterly workshops was, “Let’s do a physical safety training and let’s talk about all these things, because it may become an issue.”
The secret weapon
Trainers from Third Ward Jiu-Jitsu, a nonprofit organization that aims to provide affordable and inclusive self-defense training,led the workshop, which focused on de-escalation tactics and skills such as dodging a punch, or how to twist away if someone grabs your wrist. Instructors also reminded attendees to remain vigilant and put their phones away in public.
“If you’re just walking around with your head down like this the whole time, it is the perfect opportunity for someone to attack,” said Andrew Degar, the cofounder of the group, while demonstrating.
A studious Beregan meticulously watched as the instructors broke down different techniques. “I’m a little guy and [when] I do that frame, how do I then quickly back out of that position so that I’m not then just gripped by this giant?” he asked Degar, physically demonstrating the scenario he had in mind.
Other participants haven’t experienced physical attacks, but wanted to be proactive.
“I go to the University of Houston. I take public transit so I’m often out and about, so I thought knowing something about breaking away from grabs and getting away from people could be helpful,” said 31-year old Ed Kneelan who took turns practicing with the other participants.
“Fortunately I haven’t had anything fishy happen ever, but I know that can happen, so I think it’s better to be prepared,” he said.
A proactive approach
By taking a proactive approach, Zemanek believes that it will empower the trans community to be aware and know what to do in situations like a public protest, where people may be at an increased risk of physical violence.
“I foresee that at some of these protests against anti-trans legislation, you’re gonna start to see trans people getting arrested,” he said. “Some of these protests can be pretty wild.”
A spokesperson from GLAAD, an LGBTQ+advocacy organization, confirmed to the Landing that there have been 209 anti-LGBTQ incidents targeting drag events nationwide since early 2022. Texas consecutively had the most incidents and threats with 21 reported incidents so far this year, and 27 reported incidents in 2022, a representative said via email.
An April update on its 2022 analysis noted that there was an uptick in attacks beginning in Pride season that year, which is typically during June, and continuing through the midterm election cycle. At this year’s Pride celebration in Houston, participants spoke to the Houston Landing about the apprehension they felt due to the wave of anti-trans legislation. “You never know, there’s crazy people that do things that you don’t expect,” Carlos Gallardo told the Landing while celebrating Pride in Montrose.
It’s not just physical attacks and threats that have rattled the trans community. A joint report from GLAAD and the Anti-Defamation League released in June found that anti-LBGTQ rhetoric and harassment has also increased within the last year, with more than 350 hate and extremist incidents recorded in the U.S.; Texas had the third most with 30 incidents.
The return of community patrolling
The rise of anti-LGBTQ+ incidents over the last several years has motivated community activists like Ethan Ganz. He is the co-founder of the Montrose Residents Coalition, a group that is joining forces with the nonprofit Affinity Coalition To Overcome Unethical Theories HTX (ActOutHTX) to revive the work of a Montrose-area volunteer surveillance group called Q-Patrol, which launched in 1991 but dissolved in 2002 due to financial woes, newspaper archives show.
“I really think it’s necessary now,” he said to participants assembled in a circle following the training.
A group of citizens organized Q-Patrol shortly after the murders of Paul Broussard and Phillip Smith, two gay men who were killed outside a gay nightclub in Montrose. Their brutal deaths sparked civil unrest locally, led to national discussions and prompted the Houston Police Department to launch an undercover initiative, dubbed Operation Vice Versa, where officers masqueraded as gay men. Officers were attacked in multiple incidents and many people were arrested within two weeks, according to the website Houston LGBTQ History and ABC13.
Originally Q-Patrol worked in tandem with the police, but now, “That’s not really what they’re trying to do,” Ganz said. “A lot of our people do not feel safe around the police,” he added.
In the 1990s when the original Q-Patrol reigned, it was illegal to carry a handgun openly or concealed without a license, but open carry was made legal in 2021. Ganz still discourages open carry of any firearms, but said volunteers can carry a concealed weapon, mace or a taser at their discretion.
Beregan is uncomfortable carrying a gun and can’t pocket his mace or pepper spray into most bars, so he views self-defense as his best weapon. After taking a few classes recently, he now feels better equipped to defend himself and plans to continue training with the Third Ward Jiu Jitsu’s monthly LGBTQ+ focused self-defense classes. But he has no plans of joining Q-Patrol at this time.
Acknowledging their limits, Ganz said the goal of Q-Patrol is to help people before police need to get involved.
“So if we see somebody that’s alone, we’ll walk them to the car. We see someone drunk in the street, we might engage with them and see what we can do to help them. This is more about being seen engaging our community, taking care of each other.” Ganz said they will also carry power banks to help people charge their phones to call a ride.
More training is needed in de-escalation, CPR, first aid, and, eventually, shooter response practice and Narcan training to ensure safety, Ganz said, but he anticipates Q-Patrol will hit the Montrose streets soon.
The Houston Landing is a nonprofit newsroom devoted to public service journalism for all Houstonians.
This article first appeared on the Houston Landing and is republished here with permission.
