ACLU Sues Abbott To Block Child Abuse Edict For Transgender Youth

AUSTIN, TX — The American Civil Liberties Union announced Tuesday it was filing a lawsuit attempting to block a recent directive from Texas Gov. Greg Abbott to the Department of Family & Protective Services to investigate parents allowing gender-affirming care to minors for child abuse.

Abbott, DFPS and DFPS Commissioner Jaime Masters are listed as defendants in the lawsuit, according to court documents obtained by Patch.

The lawsuit requests an injunction in DFPS enforcement of Abbott's directive because it "stands in direct conflict with DFPS's enabling statute" and overreaches its authority outlined by the state legislature. The lawsuit also argues that investigations based on the non-binding opinion of politicians bypasses the Texas Administrative Procedure Act requirements for enacting agency rules.

"Gov. Abbott's directive stating that providing gender-affirming care should be considered a form of child abuse was both patently false and issued without proper authority," ACLU said in a tweet Tuesday. "The state must stop using children as political props."

Anonymous plaintiffs listed in the complaint filed in Travis County are John and Jane Doe, parents of Mary Doe, as well as Dr. Megan Mooney. Jane Doe works for DFPS, where she reviews reports of abuse and neglect and has an exemplary track record, according to the lawsuit.

Mary Doe is a 16-year-old girl who was designated a boy at birth but has "expressed herself and behaved in manner that does not conform with the stereotypes associated with" being a boy, according to the complaint. Mary's pediatrician, who has seen her for most of her life, has prescribed treatments for gender dysphoria, including puberty-delaying medication and hormone therapy.

The lawsuit accuses DFPS of putting Jane Doe on leave the same day she inquired about how Abbott's directive would affect her family.

Child Protective Services opened an investigation into their family in accordance with Abbott's letter and interviewed all three members of the family. The plaintiffs accuse Abbott's directive and subsequent investigation as causing irreparable harm to the family, according to the complaint.