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Attorney General Ken Paxton appeals restraining order that blocked state agency from investigating trans teen’s family

A Texas judge was scheduled to consider a statewide injunction on investigations of parents over obtaining gender-affirming care. The appeal now puts the hearing on hold.

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People gathered in front of the Texas Capitol on Tuesday during a protest for transgender kids’ rights. (Lauren Witte/The Texas Tribune)

This article originally appeared in The Texas Tribune

Attorney General Ken Paxton filed for an appeal Thursday after a state judge blocked Texas’ child protection agency from investigating the parents of a transgender teenager who received gender-affirming medical care.

District Judge Amy Clark Meachum had granted a temporary restraining order on Wednesday. It did not stop the agency from opening investigations into other families in similar situations.

Meachum was scheduled to consider issuing a statewide injunction blocking such investigations into all parents of trans children on March 11, but that hearing has been put on hold until an appeals court rules on Paxton’s request.

And U.S. Health and Human Services Secretary Xavier Becerra said his agency is looking into tools that would shield transgender Texans from the state’s attempts to hinder access to gender-affirming care.

“The Texas government’s attacks against transgender youth and those who love and care for them are discriminatory and unconscionable,” he said. “These actions are clearly dangerous to the health of transgender youth in Texas.”

Gov. Greg Abbott last month directed the Texas Department of Family and Protective Services to open investigations into parents that may have provided such care to their children. The American Civil Liberties Union and Lambda Legal brought a lawsuit challenging these investigations on behalf of a state employee, her husband and their 16-year-old who received gender-affirming treatment, plus Dr. Megan Mooney, a psychologist who works with trans teenagers.

“We appreciate the relief granted to our clients, but this should never have happened and is unfathomably cruel,” Brian Klosterboer, an attorney with ACLU of Texas, said in a statement Wednesday. “Families should not have to fear being separated because they are providing the best possible health care for their children.”

Becerra released guidance Wednesday that says refusing health care because of gender identity is illegal and that health care providers are not required to disclose information regarding gender-affirming care.

President Joe Biden also released a statement Wednesday condemning Texas’ actions.

“This is government overreach at its worst,” Biden said in a statement. “Like so many anti-transgender attacks proliferating in states across the country, the Governor’s actions callously threaten to harm children and their families just to score political points. These actions are terrifying many families in Texas and beyond. And they must stop.”

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The lawsuit and federal reaction follow a series of actions by state officials equating certain gender-affirming health care with child abuse. In late February, in response to a question from a state lawmaker, Paxton issued a legally nonbinding opinion claiming that the use of puberty-blocking medications and gender-affirming surgeries — the latter of which are rarely performed on children — could constitute child abuse under the Texas Family Code.

“Because the Texas Department of Family and Protective Services (DFPS) is responsible for protecting children from abuse, I hereby direct your agency to conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas,” Abbott wrote in a letter a few days later.

In a statement that same day, DFPS Commissioner Jaime Masters said the department would “follow Texas law” as laid out in the opinion from the attorney general.

The ACLU and Lambda Legal represent a DFPS employee who has been tasked with investigating these cases. The employee, who is anonymous in the lawsuit, has a transgender child.

When the employee asked her supervisor for clarification about how DFPS would implement this new directive, she was put on leave, the plaintiff said. Two days later, an investigator from Child Protective Services visited the family and interviewed the parents and child.

“The CPS investigator disclosed that the sole allegation against Jane Doe and John Doe is that they have a transgender daughter and that their daughter may have been provided with medically necessary gender-affirming health care,” the lawsuit said.

Lambda Legal lawyer Paul Castillo said he was aware of at least two other families, beyond the Does, who have been contacted by DFPS for investigations. And the chilling effect for parents of trans children has been immense, he said.

“Families aside from [those investigated] will cease care,” he said. “As a result of this order … medical providers have stopped care in terms of prescriptions to transgender kids because the threat of continuing to provide, the harm is so great.”

In Wednesday’s hearing, a lawyer for the state argued that the governor’s letter has been misconstrued to imply that all parents who provide gender-affirming care would be investigated by DFPS.

The opinion from the attorney general was intended to show “not that gender-affirming treatments are necessarily or per se abusive, but that these treatments, like virtually any other implement, could be used by somebody to harm a child,” Assistant Attorney General Ryan Kercher said.

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Kercher argued that Abbott’s letter was merely clarifying a “concern” that gender-affirming treatments could never be considered child abuse.

Meachum challenged that argument, asking how common it is for the governor to issue directives like this to DFPS. Kercher said he did not know.

Meachum could have blocked these investigations statewide on Wednesday, but instead scheduled a hearing, which has now been postponed indefinitely. Lawyers for the plaintiffs said her ruling left them optimistic about that upcoming hearing.

“The fight … will be to put on evidence and witnesses to show the harm of this awful policy,” said Currey Cook, senior counsel with Lambda Legal. “Because we know that this isn’t just Dr. Mooney, it’s not just this one family that is in this impossible bind.”

Cook said the challenge will be in finding families who are willing to testify, considering the culture of fear that this new policy has created among parents of trans children. Cook said they’ve heard from families who are considering moving out of state rather than either stopping the medical treatment or facing an investigation.

“People have roots and jobs and school and connections,” he said. “They just want to feel welcome in the place they call home.”

Brooke Park and 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.

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Eleanor Klibanoff is the women's health reporter at The Texas Tribune. She was previously with the Kentucky Center for Investigative Reporting, where she covered sexual assault, domestic violence and policing, among other things. She has worked at public radio stations in Kentucky, Pennsylvania and Missouri, as well as NPR, and her work has aired on All Things Considered, Morning Edition and Here & Now. She lives in Austin with her enormous cat, Grover Cleveland.

Houston

Texas consistently leads the nation in attacks on trans people. Here’s how Houstonians are fighting back.

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Sarah and Andrew Degar of Third Ward Jiu-Jitsu demonstrate different self-defense techniques during a workshop hosted by Trans Masculine Alliance Houston on Saturday, Aug. 26, 2023, in Houston. (Annie Mulligan / Houston Landing)

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.” 

Ed Kneeland practices an escape move during a self-defense class on Saturday, Aug. 26, 2023, in Houston. The class was hosted by Trans Masculine Alliance Houston, one of the longest running trans groups in Houston dedicated to the transmasculine community. Escape techniques were demonstrated by Third Ward Jiu-Jitsu. Participants also learned about Q Patrol, a patrol group that protected Houston’s gay community in the early 90s from harassment and violence. (Annie Mulligan / Houston Landing)

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. 

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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.

Participants practice escaping different holds during a self-defense class on Saturday, Aug. 26, 2023, in Houston. The class was hosted by Trans Masculine Alliance Houston, one of the longest running trans groups in Houston dedicated to the transmasculine community. Escape techniques were demonstrated by Third Ward Jiu-Jitsu. Participants also learned about Q Patrol, a patrol group that protected Houston’s gay community in the early 90s from harassment and violence. (Annie Mulligan / Houston Landing)

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. 

Trans nonbinary activist and community organizer Ethan Michelle Ganz speaks to participants about Q Patrol, a patrol group that protected Houston’s gay community in the early 90s from harassment and violence during a security workshop hosted by Trans Masculine Alliance Houston on Saturday, Aug. 26, 2023, in Houston. (Annie Mulligan / Houston Landing)

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. 

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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.

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88th Texas Legislature

Federal judge bars Texas from enforcing book rating law

House Bill 900 requires book vendors to rate all their materials based on their depictions or references to sex before selling them to schools. Vendors say the law aims to regulate protected speech with “vague and over broad” terms.

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Books at Vandegrift High School's library on March 2, 2022. A federal judge said Thursday he will temporarily block a new state law that would require book vendors to rate the materials they sell to school libraries based on the presence of sex depictions or references. (Lauren Witte/The Texas Tribune)

This article originally appeared in The Texas Tribune

A federal judge said Thursday he will stop a new Texas law aimed at keeping sexually explicit materials off of school library shelves on the eve of the law going into effect, according to state attorneys and lawyers for a group who sued over the proposal.

District Judge Alan D. Albright indicated during a hearing that he will grant a temporary injunction sought by a group of book groups and sellers, including two Texas bookstores, who sued the state over House Bill 900 in July, the group’s lawyers said in a statement. Albright will issue a written order in one to two weeks; in the meantime, the state cannot enforce the law, according to the statement.

HB 900, which was approved during this year’s regular legislative session, requires school library vendors to rate all their books and materials for appropriateness before selling them to schools based on the presence of sex depictions or references. It also requires vendors to rank materials previously sold to schools and issue a recall for those that are deemed sexually explicit and are in active use by a school.

The plaintiffs argue that the law violates their constitutional rights by targeting protected speech with its broad and vague language. The lawsuit further alleges HB 900 would force plaintiffs to comply with the government’s views, even if they do not agree with them, and that the law operates as prior restraint, which is government action that prohibits speech or other expression before the speech happens. The vendors say it is impossible for them to comply with the rating system because of the sheer volume of materials they would need to review.

The law also calls for creating state school library standards that prohibit sexually explicit materials, requiring parental consent for students to check out materials classified by vendors as “sexually relevant” and giving the Texas Education Agency authority to review a vendor’s rating. If the TEA disagrees with the vendor’s rating and gives it a different one, the vendor must use the agency’s rating. Vendors who do not will be added to a list of vendors that schools cannot buy library materials from.

During the bill’s legislative hearings, librarians and legal experts shared concerns and worries that its language would ensnare books that are not inappropriate and, to the contrary, may be titles important for students whose lived experiences may not be reflected in other literature.

The proposal, from Rep. Jared Patterson, R-Frisco, arrived amid an ongoing debate about what materials are appropriate to be stocked in school and public libraries. Patterson and supporters of such regulations say libraries are infested with inappropriate books that must be vetted and removed.

However, skeptics of that panic and literary advocates counter that the books singled out by politicians often explore sexuality and race, topics that have been swept up in culture-war politics but remain important for youth who may not be comfortable talking about such matters with others.

Despite the concerns, HB 900 sailed through the legislative process before Gov. Greg Abbott signed it in June. It was set to go into effect Friday; however, the law’s language suggests the new requirements won’t have to be fulfilled immediately.

Most, if not all, of the state’s roughly 5.4 million public schoolchildren have already begun the 2023-2024 school year.

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The lawsuit’s plaintiffs include two bookstores, Austin’s BookPeople and West Houston’s Blue Willow Bookshop, as well as the American Booksellers Association, the Association of American Publishers, the Authors Guild and the Comic Book Legal Defense Fund.

The Texas Attorney General’s office said Thursday it would move to reverse the injunction and appeal the judge’s decision. The office had not received the judge’s written order or decision by Thursday afternoon, a spokesperson said.

A court representative for Albright did not respond to an inquiry about his comments during Thursday’s hearing, reported by the plaintiffs’ lawyers and on social media by at least one plaintiff.

“We are grateful for the court’s swift action in deciding to enjoin this law, in the process preserving the long-established rights of local communities to set their own standards; protecting the constitutionally protected speech of authors, booksellers, publishers and readers; preventing the state government from unlawfully compelling speech on the part of private citizens; and shielding Texas businesses from the imposition of impossibly onerous conditions,” the plaintiffs said in a joint statement after the hearing. “We look forward to reading the court’s full opinion once it is issued.”

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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88th Texas Legislature

Federal judge issues temporary restraining order, says Texas law banning drag shows is “likely” unconstitutional

U.S. District Judge David Hittner heard from LGBTQ+ groups, businesses and a drag performer in a hearing this week, who argued Senate Bill 12 violated their First Amendment rights.

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This article originally appeared in The Texas Tribune

U.S. District Judge David Hittner temporarily blocked a new state law Thursday from going into effect that would have criminalized sexually-oriented performances in front of children or effectively banned some public drag shows.

LGBTQ+ groups sued the Texas attorney general’s office, hoping to stop authorities from enforcing Senate Bill 12, which was signed by Gov. Greg Abbott in June and was scheduled like most new laws to go into effect Friday.

In a two-day hearing earlier this week in Houston, a drag performer and entertainment businesses said Texas lawmakers’ effort to regulate these shows was an unconstitutional attempt to stifle their freedom of expression. Though Hittner did not issue a final order on Thursday, he found the plaintiffs’ argument compelling.

“Based on evidence and testimony presented at the hearing, the court finds there is substantial likelihood that SB 12 as drafted violated the First Amendment of the United States Constitution under one or more of the legal theories put forward by the plaintiffs,” Hittner wrote in the temporary restraining order.

Hittner said allowing the law to take effect would likely cause “irreparable harm” to the plaintiffs. He issued the restraining order to maintain the status quo of the legal landscape while preparing a final decision — the restraining order does not guarantee a permanent injunction. He said his order could come two to four weeks after the hearing.

Hittner heard testimony earlier this week from LGBTQ+ groups, businesses and a performer, which were plaintiffs in one of two lawsuits against SB 12. They argued the law trampled on their First Amendment rights to perform and organize drag shows. They described drag as a healing, expressive and political form of performance art with historical connections to LGBTQ+ people.

“If allowed to take effect, SB 12 will make our state less free, less fair, and less welcoming for every artist and performer,” said American Civil Liberties Union of Texas Attorney Brian Klosterboer in a statement following the judge’s decision. “This temporary order is a much-needed reprieve for all Texans, especially our LGBTQIA+ and transgender community, who have been relentlessly targeted by our state legislature.”

Defending the law, attorneys with the Texas attorney general’s office said SB 12 was narrowly tailored to protect children from sexually-explicit performances. The new law did not explicitly ban drag shows, lawyers for the state said, and these performances should not be considered expressive or receive First Amendment protections.

However, shortly after signing the law, Abbott shared a story on social media about SB 12’s passage and declared he had banned drag performances in public.

“The people of Texas were appalled to learn of an increasing trend of obscene, sexually explicit so-called ‘drag’ performances being marketed to families with children,” said Paige Willey, the director of communications for the attorney general’s office. “The Office of the Attorney General will pursue all legal remedies possible to aggressively defend SB 12, the state law that regulates such performances to protect children and uphold public decency.”

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Under the new law, business owners would have had to face a $10,000 fine for hosting sexually explicit performances in which someone is nude or appeals to the “prurient interest in sex.” Performers caught violating the proposed restriction could be slapped with a Class A misdemeanor, which carries a maximum penalty of a year in jail and a $4,000 fine.

Texas is one of six states that have passed a bill restricting “adult” or drag performances, according to the Movement Advancement Project, a nonprofit that tracks legislation related to LGBTQ+ issues.

Legal challenges to similar legislation in FloridaMontana and Tennessee have successfully blocked these laws from going into effect. In June, a federal judge in Tennessee, appointed by former President Donald Trump, ruled the law is unconstitutional in its effort to suppress First Amendment-protected speech.

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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