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National LGBTQ group sues Texas after state AG demands records about trans youths

By 37ci3 Mar1,2024



Texas Attorney General Ken Paxton came face to face lawsuit after he demanded that an LGBTQ group turn over all records related to its support of Texas families seeking transition medical care for transgender youth.

PFLAG, a national group that supports families of LGBTQ people, sued Paxton on Wednesday night, calling his request a “clear and unequivocal overreach” in response to two other lawsuits PFLAG is involved in over access to gender-affirming care for minors. state.

The group said Paxton’s request for records was part of the state’s “relentless campaign to harass Texas trans youth and their loving parents.”

The PFLAG lawsuit asks the Travis County Circuit Court to grant a temporary restraining order against the attorney general’s office and permanently block Paxton’s request, alleging that it violated PFLAG and its members’ “rights to freedom of petition, speech and assembly, and freedom from unreasonable search and arrest.”

“This frivolous request by the Attorney General is petty and invasive, so we want the court to put an end to it,” said Brian K. Bond, CEO of PFLAG National.

“Across races, places and genders, our families and communities are stronger when we are free to come together,” Bond said. “PFLAG National, our chapters and our entire community will continue to lovingly lead, support, educate and advocate as we have for the past five decades to ensure that every LGBTQ+ person in Texas and beyond is safe, celebrated, empowered and loved. .”

Paxton did not immediately respond to a request for comment.

Paxton’s office sent a demand letter to PFLAG on Feb. 9 that Bond Loe v. Texas, PFLAG has a case against SB 14a state law that prohibits medical care that confirms the sex of minors.

In another demand letter included in PFLAG’s latest lawsuit, Paxton’s office said the records were related to an “investigation of actual or possible violations” of the Texas Deceptive Trade Practices-Consumer Protection Act. His office said it was specifically investigating allegations of “misrepresentations regarding Gender Transition and Reassignment Treatments and Procedures and Texas law.”

The subpoenas seek all documents and communications related to parts of Bond’s testimony in Loe v. Texas, including a section in which PFLAG states that families should develop “contingency plans” in the event they lose access to care, such as when they drop out of care. The demand letters also request communications and chapter meeting minutes related to Bond’s statement that PFLAG families are seeking “alternative ways to provide care in Texas” from Texas chapters.

Paxton’s office also said that “all referrals, referrals and/or referrals of pediatric and/or ‘health care providers’ in Texas that PFLAG (or any of its representatives) created, maintained, received or distributed since March 8, 2023 or lists” he demanded.

The Texas Supreme Court allowed SB 14 to go into effect on September 1 while Loe v. Texas was pending.

PFLAG said in its lawsuit that Paxton is trying to circumvent the evidentiary process in Loe v. Texas and PFLAG v. Abbott, the group’s other lawsuit. children with gender-affirming care.

Through the demands, the Attorney General’s Office “attempts to circumvent the normal investigative process, along with its due protections, thereby chilling the ability of PFLAG and its members to exercise their rights of free speech and association.” to appeal to the courts when their constitutional rights are threatened,” PFLAG said in its new lawsuit.

Paxton’s request for records from PFLAG is the latest development in years of efforts by his office and other state officials to limit access to transitional care for minors. In February 2022, after the Legislature failed to pass a law banning such care, Paxton provided a non-binding legal opinion gender-affirming medical care, including puberty blockers, hormone therapy and surgery, child abuse existing state law.

Republican Governor Greg Abbott then directed the public and licensed professionals must report parents suspected of providing such care to their minor children to the Department of Family and Protective Services. After a short time, the department was opened for the first time investigation against one of its employees A trans child was later investigated in at least eight other families.

PFLAG, among other LGBTQ legal organizations, In June 2022, PFLAG filed a lawsuit against Abbott to stop investigations against its members. In September, a judge barred the department from investigating PFLAG members. Paxton appealed the decision, which remains in effect as the trial continues.

On Friday, Texas Health and Human Services will put new rule Restrictions on gender-affirming care for adults on Medicaid take effect. The rule would prohibit Medicaid coverage of “hormonal therapy agents” for any adult diagnosed with gender dysphoria within the past 730 days.



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By 37ci3

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