Texas temporarily blocked from getting info about trans children receiving gender-affirming care

HOUSTON, Texas (KTRK) -- The Texas Attorney General's Office will go head-to-head with PFLAG again in a legal battle over gender-affirming care for transgender children. This comes after a judge temporarily blocked an order from Ken Paxton that demanded the LGBTQ+ advocacy group turn over information about families who are seeking this type of treatment.

For 19-year-old Hayden Cohen, it's been two years since they graduated from high school. But the experiences and emotions they had as a nonbinary, transgender teen living in Texas are still raw.

"We live in this state that's constantly attacking trans kids. There's no issue with being trans. The issue comes when everyone else has a problem with you being trans. Countless hospital systems are shutting down their gender clinics. Doctors are refusing to take care of trans kids. It leaves them in this limbo of, 'Where can I go for healthcare that is going to be affirming?'" Cohen explained.

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Cohen is talking about gender-affirming care for trans youth, something that was banned under SB 14 during the 2023 legislative session. Although they were unable to receive that type of care when they were a minor, Cohen explained that for some people, this type of treatment can be life-saving.

"Oftentimes, when you don't have a way to alleviate gender dysphoria, it really builds up. It can cause a lot of severe depression and a lot of discomfort. There have also been severe cases where some people have tried to take their own lives," Cohen said. "I need folks to know that parents are not the enemy. They are doing the very best for the kids that they can. It's a learning curve. Even with my own parents, it is a learning curve."

That's why the most recent order to PFLAG from Paxton's office brings concerns for Cohen. The AG's office claims it became aware that certain medical providers may be committing insurance fraud as part of a scheme to evade the law and that PFLAG's information is highly relevant to its investigations.

According to the Associated Press, this round of litigation stems from a request Paxton's office made in February for "documents and communications" about PFLAG CEO Brian Bond's statement to court last year that members were setting up contingency plans after the state imposed a sweeping ban on gender-affirming care for minors.

As a result, PFLAG filed a lawsuit last Thursday. Just a day after, Travis County District Court Judge Maria Cantu Hexsel issued a temporary injunction against Paxton's request.

The judge wrote in part that providing the information would "harm the ability of PFLAG and its members to exercise their rights of free speech and association under the First Amendment, be secure against unreasonable searches under the Fourth Amendment, and cause gross invasions of privacy."

This is not the first legal battle between Texas and PFLAG. The organization is also the plaintiff in two other lawsuits against the state.

Loe v. Texas challenges SB 14's ban on gender-affirming care for transgender minors. PFLAG v. Abbott challenges the Texas Department of Family and Protective Service (DFPS)'s rule mandating investigations of parents who work with medical professionals to provide their transgender children with this type of care.

RELATED: Texas Supreme Court hears legal challenge to ban gender-transition care for kids

Several parents of transgender children declined interview requests with ABC13, citing safety concerns due to the "volatile" and "hostile" political climate towards the transgender community.

Paxton's office did not return requests for comment. In a press release from Feb. 29, he wrote in part, "Texas passed SB 14 to protect children from damaging, unproven medical interventions with catastrophic lifelong consequences for their health. Any organization seeking to violate this law, commit fraud, or weaponize science and medicine against children will be held accountable."

The Texas Attorney General's Office is scheduled to appear in Travis County Civil District Courts on March 25 to argue against the temporary injunction.

ACLU, one of the groups providing legal representation for PFLAG, said it will seek a permanent block on Paxton's demand.

"Transgender youth know who they are and will not be silenced, even when elected officials relentlessly target them for political gain. The Attorney General's Office's latest attempt to punish organizations for opposing government overreach sets a dangerous precedent for all Texans who advocate on any issue and must be stopped," said Brian Klosterboer, attorney at the ACLU of Texas.

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