The order is alleged to violate the constitutional rights of transgender families and children.
The suit, which also names the DFPS commissioner and its commissioner as defendants , was filed for a family that has a transgender child. Mary Doe, the child referred to as Mary Doe in the complaint, is a transgender girl who has been treated by a licensed child specialist for gender dysphoria.
According to the suit, an officer from Child Protective Services visited the family on February 25, just one day after Abbott’s order was implemented. He said that they were being investigated. Jane and her husband refused to allow the officer access to Mary’s medical records.
The suit states that the CPS investigator revealed that Jane Doe and John Doe only allege that Jane Doe had a transgender child and that Jane Doe may have provided their daughter with gender-affirming medical care. “The suit also stated that John Doe’s daughter is currently transitioning from male into female.”
Five days after Abbott’s order was announced, the lawsuit was filed. It requires that health care professionals report on children who have had “reassignment surgery that can cause sterilization or mastectomies or removal of otherwise healthy body part and administration of puberty blockers or supraphysiologic amounts of testosterone or estrogen.”
Criminal penalties could apply to licensed professionals who work with children, teachers included, if they fail to comply with this order. Failure to report could result in penalties being imposed on the general public. The state agencies that respond to these reports, including DFPS and DFPS, must investigate them as child abuse.
Abbott stated in a letter to DFPS that he signed an order “To protect Texas children against abuse, DFPS must follow the law.”
According to Mary’s family, Abbott’s order “inflicted irreparable and ongoing harm.” Jane, her mother, was also placed on leave by DFPS. If DFPS convicts them of providing Mary with care, they could fire her.
“We are afraid for Mary’s wellbeing and health, as well as for our family. Jane filed a Tuesday declaration stating that she feels betrayed by the state and agency for which she works. “Texas is home to us. Mary has been part of our community for her entire life. We have always supported and encouraged her.”
Megan A. Mooney, a Texas-based child psychologist, is listed as a plaintiff. She claims that Abbott’s order will “violate her professional standards of ethics” and inflict severe harm and trauma to her clients.
Paul Castillo, senior counsel at Lambda Legal, stated that gender-affirming care is necessary for the treatment and prevention of gender dysphoria. “Criminalizing this care and threatening children with separation from their families is unacceptable and frightening, and must be stopped.”
Plaintiffs request a temporary restraining and injunction to stop DFPS investigating during the court hearing.
