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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.

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“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.”

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.

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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.”

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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.

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.”

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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.

Texas

Judge temporarily blocks some Texas investigations into gender-affirming care for trans kids

The state has been investigating whether parents who provide access to gender-affirming health care are committing child abuse. The temporary restraining order is part of a lawsuit filed on behalf of three families and members of PFLAG, an LGBTQ advocacy group.

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Activists and members of Austin’s LGBTQ community gathered on the steps of the capitol in 2017 to celebrate the anniversary of the 1969 Stonewall riots. A Texas judge on Friday temporarily blocked the state from some investigations into gender-affirming care for transgender kids. (Austin Price/The Texas Tribune)

This article originally appeared in The Texas Tribune

An Austin judge has temporarily stopped the state from investigating many parents who provide gender-affirming care to their transgender children. The state has ruled out allegations of child abuse against one family under investigation, but at least eight more cases remain open.

Travis County District Judge Jan Soifer issued a temporary restraining order Friday in a lawsuit filed on behalf of three families and members of PFLAG, an LGBTQ advocacy group that claims more than 600 members in Texas.

Brian K. Bond, executive director of PFLAG National, applauded the decision to stop what he called “invasive, unnecessary and unnerving investigations.”

“However, let’s be clear: These investigations into loving and affirming families shouldn’t be happening in the first place,” Bond said in a statement.

This is the latest chapter in an ongoing legal battle stemming from a February order issued by Gov. Greg Abbott, directing the Department of Family and Protective Services to investigate parents who provide gender-affirming care to their transgender children.

The Texas Supreme Court recently blocked the state from investigating one family, which had brought a lawsuit challenging the directive, but overturned a wider injunction that stopped the state from investigating other families.

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This new lawsuit, filed Wednesday by the American Civil Liberties Union and Lambda Legal, seeks to block investigations into all parents of transgender children who belong to PFLAG.

During Friday’s hearing, Lambda Legal’s Paul Castillo revealed that the state has ruled out allegations of child abuse against Amber and Adam Briggle, who were under investigation for providing gender-affirming care to their 14-year-old son.

The Briggle family, outspoken advocates for transgender rights, once invited Republican Attorney General Ken Paxton over for dinner. Five years later, they ended up at the center of a child abuse investigation that stemmed, in part, from a nonbinding legal opinion that Paxton issued in February.

While their case has been closed, many others remain ongoing. Castillo said one of the families involved in the lawsuit was visited by DFPS investigators Friday morning.

“I do want to highlight for the court that every plaintiff in this case has illustrated the stress and trauma of even the potential of having a child removed, merely based on the suspicion that the family has pursued the medically necessary course of care that is prescribed by their doctor for gender dysphoria,” Castillo said.

Gender-affirming care is recommended by all major medical associations to treat gender dysphoria, the distress someone can feel when their gender identity does not align with their biological sex. Gender dysphoria can be exacerbated as a child approaches puberty, so doctors often prescribe reversible puberty blockers and, sometimes, hormone therapy. More than half of all transgender youth report considering suicide, but the rates are much lower for those who are able to access gender-affirming health care.

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The mental health impact of Abbott’s directive has already been clear, according to the lawsuit. One 16-year-old transgender boy, identified in the suit as Antonio Voe, attempted to kill himself after the directive came down. When he was admitted to an outpatient psychiatric facility, the staff reported his family to DPFS for child abuse because he was undergoing hormone therapy, according to the lawsuit.

In the hearing, Assistant Attorney General Courtney Corbello revisited the state’s argument that merely being under investigation by DFPS does not constitute harm to a family.

She also argued that PFLAG cannot bring this legal challenge on behalf of its members since there is no evidence that PFLAG members are being targeted for investigation based on their membership in the association.

Soifer disagreed, granting the temporary restraining order on behalf of the three named plaintiffs and PFLAG members. Soifer directed the lawyers to schedule a hearing in the coming days, where a judge will hear evidence and decide whether to extend the restraining order.

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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Austin

Austin Pride Rescheduled

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The Austin Pride Foundation announced that this year’s Austin Pride celebration, originally scheduled for Saturday, August 13, 2022, has been rescheduled for the following weekend. This year’s Austin Pride Festival and Parade will now be held on Saturday, August 20, 2022.

According the a post on Facebook, the change was made at the request of the City of Austin:

We will celebrate Austin Pride No! Matter! What! At the request of the City of Austin, our new date for Austin Pride is Saturday, August 20, 2022. One more week also gives us a chance to go Beyond the Rainbow for the Pride we deserve after two long years. This year the rainbow shines no matter what! See you there.

This will be the first pride celebration in Austin since 2019, after all events in 2020 were canceled as a result of the pandemic and canceled again in 2021 due to a surge of infections caused by the Delta variant of SARS-CoV-2, the virus that causes COVID-19.

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Dallas

Dallas Southern Pride Announces the 2022 Juneteenth Unity Weekend

More than 20,000 people expected to attend the star-studded event featuring A-List celebrities including Moneybagg Yo, The City Girls, Saucy Santana, and Dallas’ own, Yella Beezy and Erica Banks

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DALLAS — Dallas Southern Pride will host its Juneteenth Unity Weekend celebration, June 16-19, 2022. This year’s celebration will include a myriad of events, including health and wellness screenings, COVID-19 vaccinations, concerts, their annual Juneteenth Unity Festival and Pool Party, various local club events, parties and The Emancipation Ball. Some of the biggest stars in hip-hop and entertainment are confirmed for this unforgettable four-day weekend of festivities, including the City Girls, Saucy Santana, and Moneybagg Yo, who will perform at the Juneteenth Unity Festival and Pool Party on Saturday, June 18 from 5 PM – 9 PM at Samuell-Grand Aquatic Center, 3201 Samuell Blvd., Dallas, Texas; and Dallas’ own superstars Erica Banks and Yella Beezy, who will perform at the Mega Party that Saturday at 10 PM at Amplified, 10262 Technology Blvd E, Dallas, Texas. The weekend of events will conclude with a signature brunch on Sunday, June 19, hosted by Kirk Myers-Hill, president of Dallas Southern Pride.

More than 20,000 people from across the United States and internationally are slated to attend this year’s Juneteenth Unity Weekend celebration, which was created to celebrate the brilliance and culture of Black people. An idea birthed by community leader, businessperson and activist, Kirk Myers-Hill, the Juneteenth Unity Weekend is the official annual celebration for Black Lesbian, Gay, Bi, Trans, and Queer (LGBTQ+) people to come together and celebrate their contributions to both American and Black culture, liberation and community.

“Juneteenth Unity Weekend is a celebration and representation of the many intersections and beautiful mosaics within the Black community,” said Kirk Myers-Hill, president of Dallas Southern Pride. “The Black community is only as strong as its Black Gay brothers and sisters. Juneteenth is an opportunity to showcase unity and display the belief that we are all stronger together.”

Juneteenth became a federally recognized national holiday in 2021. However, long before the nation started celebrating this holiday, Black people in Texas were celebrating this day, as it originated in Texas. The Emancipation Proclamation, which granted freedom to slaves, was signed 1863. However, it wasn’t until two years later on June 19, 1865, that slaves in Texas first learned of their freedom. Union troops entered Galveston, TX, announcing that all slaves were free. This marked the beginning of Juneteenth as it is known and recognized today. Since 2017, the Governor of Texas has submitted a proclamation recognizing the Juneteenth Unity Weekend. Additionally, Congresswoman Eddie Bernice Johnson continues to show her support by issuing welcome letters for the past five years. The Juneteenth Unity Weekend is a family-oriented celebration with events and programming for the entire community and is excited to bring the celebration of Juneteenth back home to Texas. June is also Pride Month and the Juneteenth Unity Weekend has been a staple event in the city of Dallas during Pride month for many years.

“VisitDallas is excited to support the 2022 Juneteenth Unity Weekend hosted by Dallas Southern Pride and Abounding Prosperity, Inc. Events like this continue to make Dallas a better place to live and visit,” said Craig T. Davis, president and CEO of VisitDallas.

Since its inception in 2008, the Juneteenth Unity Weekend continues to make a positive impact in the Dallas-Ft. Worth metroplex by unifying the community, celebrating freedom, providing a safe space for community gathering, and infusing millions of dollars into the local economy. The 2021 Juneteenth Unity Weekend brought thousands of visitors to the Metroplex, and sold-out all its host hotels. The event generated more than $2.2 million dollars for local business hit hard by the global COVID-19 pandemic and created hundreds of jobs for “gig” workers. The event and leadership team also created other historic moments for the city of Dallas. As a result, the HIV positivity rate dropped below 10 percent for the first time in the event’s history among more than 200 attendees tested; the Dallas Police Department held a recruitment drive targeting LGBTQ+ applicants; the Dallas skyline was lighted in the Juneteenth and Black Pride colors for the first time and The Dallas Southern Pride Official Pride flag was debuted and flown for the first time at the Sheraton Market Center.

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The Juneteenth Unity Weekend is a collaborative celebration made possible by the support of the many companies and organizations that share the collective vision for this impactful event that advances the entire Black family and social justice movements and celebrates unity and peace. The 2022 presenting sponsors thus far are Gilead Sciences and Abounding Prosperity, Inc., along with Black Entertainment Television (BET) and ViiV Healthcare as diamond sponsors. Other key sponsors include the Dallas Mavericks, Radio One Dallas, Dallas TPID, AHF, Yale School of Nursing, Johns Hopkins University, HVTN, SBPAN, AIDS United, VisitDallas, Hilton, Center for Black Equity, United Black Ellument, Crawford Jewelry, and Don Morphy.

A portion of the proceeds from this year’s Juneteenth Unity Weekend will be used to support the free health, and wellness activities of its partner agencies, which offsets the cost of essential services to Black and Brown communities, with an emphasis on LGBTQ+ communities and their families in the DFW metroplex.

The Juneteenth Unity Weekend is still open for additional sponsors and vendors, particularly those in the arts, entertainment, health and wellness, skincare, clothing, beauty, food and beverage including food trucks, and lifestyle brands.

For more information or to purchase tickets, visit www.dallassouthernpride.com.

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