Texas appellate court blocks the state’s second attempt to investigate gender-affirming care


Boram Kim


The 3rd District Court of Appeals ordered this week the reinstatement of a temporary injunction against state investigations of alleged child abuse by families and physicians who are engaged in gender-affirming care.  


Stay one step ahead. Join our email list for the latest news.



Governor Greg Abbott ordered the Department of Family and Protective Services in February to investigate gender-affirming treatments and procedures aimed at children for abuse. The American Civil Liberties Union (ACLU) and Lambda Legal filed a lawsuit on behalf of transgender children and their families seeking to block the statewide directive.

Earlier this month, the district court in Travis County barred state authorities from conducting those investigations after Judge Amy Clark Meachum indicated the civil rights lawsuit had constitutional merit.

An appeal of the injunction was filed just days later by State Attorney General Ken Paxton who declared that investigations could continue during the appeal process. In response, the ACLU filed a request for reinstatement which the courts upheld.

A friend-of-the-court brief was filed by the Texas Medical Association in both the district court and the appeals court supporting medically necessary, gender-affirming care, and opposing the criminalization of such treatment. 

The American Academy of Pediatrics has cited gender-affirming care as vital to the health of LGBTQ youth and recommended the promotion of clinical access to care for both providers and patients.

Judge Meachum will preside over the trial and hear the full merits of the case on July 11.