A Texas judge has granted a temporary injunction to block Republican state Attorney General Ken Paxton’s request for PFLAG National to provide records related to the families of transgender young people in the state seeking gender-affirming care, as a previous temporary restraining order was set to expire on Friday.
Paxton’s office had asked for documents related to statements made by PFLAG CEO Brian Bond in a sworn affidavit filed in their legal challenge of the 2023 Texas law banning gender-affirming care for minors.
The AG’s office requested PFLAG to hand over all documents and communications related to maintaining gender-affirming care for families, as well as recommendations and lists of healthcare providers in Texas, as mentioned in Bond's July affidavit.
Paxton’s office later told the Washington Post that it is investigating whether medical providers are “committing insurance fraud as part of a scheme to evade the law, such as by prescribing hormones for a pretextual medical diagnosis unrelated to gender transition,” a claim attorneys for the state reiterated in court on Monday, according to KXAN.
PFLAG sued, stating in its legal filing earlier this month that Paxton’s demands violate its members’ “rights to freedom of petition, speech, and assembly and to be free from unjustified searches and seizures, are contrary to the OGA’s [the Child Support Division of the Office of the Attorney General’s] authority under the DTPA, and impermissibly seek to evade the protections afforded to PFLAG as a civil litigant.”
A Texas judge agreed with the group and issued a temporary restraining order blocking Paxton’s civil investigation demand.
Attorneys for PFLAG and the state were back in court on Monday, where the LGBTQ+ advocacy organization argued that Paxton’s demands are “retaliation” for its two ongoing lawsuits challenging Texas’s restrictions on gender-affirming care for minors. As KXAN reports, lawyers for the AG’s office said its demands were not “end-runs” to get information for the two cases and said they would modify the civil investigation demands to indicate they do not want PFLAG membership information.
PFLAG National’s attorneys, however, said that the demands have had a “chilling effect,” with the organization’s executive vice president, Aaron Ridings, testifying that the nonprofit has already lost volunteers in Texas and seen a drop in attendance at in-person support group meetings statewide. “They are concerned about being on the attorney general’s radar,” Ridings said.
Amy Clark Meachum, a judge, approved a temporary order to stop Paxton’s office from making them comply with its requests while the case progresses.
“The person suing has a valid case against the OAG and Attorney General Paxton and likely has the right to get the relief they're asking for,” Meachum stated in her decision. Meachum also said that “there is a strong chance that [PFLAG] will win after a trial on the merits.”
“The Court sees that unless the Defendants are stopped from applying the DTPA against PFLAG or requiring PFLAG to give the information and documents listed in the CID and Notice of Demand for Sworn Written Statement, there will be immediate and irreparable harm to PFLAG and its members,” she stated, scheduling a trial for June 10.
“Today, the court reinforced that the Attorney General cannot ignore the law by asking for private information,” said PFLAG National CEO Bond in a press release on Monday. “Trans youth and their families deserve better, and we will keep fighting to protect our families, because supporting your LGBTQ+ child is always the right thing to do.”
Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal, which represents PFLAG along with the American Civil Liberties Union (ACLU), the ACLU of Texas, the Transgender Law Center, and the law firm of Arnold and Porter, pointed out that the OAG’s demand still hangs over the families of trans kids in the state.
“The court recognized the burden that the threat of the attorney general’s demands placed on PFLAG National and its Texas members and rightfully decided they needed protection as we challenge this in court,” Loewy said.
Following Monday’s hearing, Lynley Egyes, director of the Transgender Law Center, reiterated Riding’s testimony about the impact of Paxton’s demands on PFLAG members.
“People are afraid to attend meetings,” Egyes told KXAN. “People fear signing in and having their name in front of the Attorney General’s office, but fortunately we don’t have to worry about that now, thanks to the temporary order that was granted.”
