The Third Texas Court of Appeals Monday reinstated an injunction to stop the state from proceeding with an investigation into the parents of a transgender teenager.
On February 22, Texas Governor Greg Abbott directed state health agencies to investigate the medical treatment of transgender youth as “child abuse.” The American Civil Liberties Union (ACLU), the ACLU of Texas and Lambda Legal then filed a lawsuit to block the Texas Department of Family and Protective Services (DFPS) from enforcing the directive.
The District Court of Travis County granted a restraining order preventing the state from continuing its investigation until a hearing could be conducted. The state appealed the restraining order, but the Third Texas Court of Appeals upheld the trial court’s decision to temporarily block the state from proceeding with an investigation. Travis County Judge Amy Clark Meachum then granted an injunction on March 11. The state appealed the injunction on an accelerated basis under Texas Rule of Appellate Procedure 29.3.
In a per curiam opinion, the Third Texas Court of Appeals reinstated the injunction issued by Judge Meachum on March 11. The court noted that Rule 29.3 gave the court “great flexibility in preserving the status quo based on the unique facts and circumstances presented.”
The court noted that the trial court had concluded that the appellees established a probable right to recovery and sufficiently showed that allowing DFPS to enforce the directive would result in irreparable harm. Without discussing the merits of the case, the court concluded that reinstating the temporary injunction was “necessary to maintain the status quo and preserve the rights of all parties.”
Because the court reinstated the temporary injunction, the state is blocked from proceeding with an investigation.