Texas court further blocks AG Ken Paxton's demand for info on organization's transgender youth support

A court in Texas has blocked Attorney General Ken Paxton’s demand that PFLAG National turn over information and documents about its support of families in Texas seeking gender-affirming medical care for transgender youth.

The Travis County District Court granted a temporary injunction against Paxton’s office Monday. The court had already issued a temporary restraining order in the case, but it is set to expire Friday.

Paxton, an intensely anti-LGBTQ+ Republican, issued a demand in early February for the organization to turn over documents, communications, and other information related to its work with these families. This would include the names and addresses of trans youth members. PFLAG National is a plaintiff in two lawsuits filed against Texas’s restrictions on gender-affirming care for trans youth — its ban on this care and an order from Gov. Greg Abbott that families allowing their children to undergo it be investigated for child abuse.

Responding to the demand, PFLAG National filed a new lawsuit against Paxton’s office. PFLAG is represented by the American Civil Liberties Union, its Texas affiliate, Lambda Legal, the Transgender Law Center, and the law firm of Arnold and Porter. The lawyers asked the court to issue an injunction blocking the attorney general’s investigative demands while the case proceeds, and the court agreed. However, Paxton may appeal the injunction.

“PFLAG families in Texas gained further protection today, when the court reaffirmed that the Attorney General can’t two-step around the law with an outrageous demand for private information,” Brian K. Bond, CEO of PFLAG National, said in a press release. “Trans youth and their loved ones deserve better, and we will continue to fight to protect our families, because loving your LGBTQ+ kid is always the right thing to do.”

“While the current TRO protected PFLAG National and its Texas member families, the threat from the Attorney General’s outrageous demands continued to loom,” added Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “The court appreciated the burden that the threat of the attorney general’s demands imposed on PFLAG National and its Texas members and quite properly concluded they warranted protection as we pursue our challenge in court. We applaud the court’s decision. Texas families need to know they can continue to support their transgender children without fear of retaliation.”

"We're so thankful the court saw through this transparent abuse of power by the Office of the Attorney General,” said Elizabeth Gill, staff attorney for the ACLU's LGBTQ & HIV Project. “The directives sent to PFLAG are baseless intimidation tactics, clearly aimed at silencing protected speech and preventing the organization from advocating on behalf of families with transgender youth. We remain committed to ensuring the right of PFLAG and its Texas membership remain protected."

“PFLAG National has consistently stood up for Texas families with transgender youth in the face of the state’s persecution,” said Chloe Kempf, attorney with the ACLU of Texas. “This court ruling is a critical step in allowing PFLAG and its members to join together and advocate for each other, free from the threat of the Attorney General’s retaliation and intimidation. But we know that the fight isn’t over, and Texans of all races, genders, and backgrounds must be able to continue to engage in civil society to advocate for their safety, equality, and constitutional rights.”

“Transgender Law Center celebrates alongside our partners and PFLAG families who can breathe a sigh of relief knowing that their privacy and constitutional rights remain protected in the state of Texas,“ said Lynly Egyes legal director at Transgender Law Center. “PFLAG, and the loving families who are the heart of that great organization, know that all young people deserve the freedom to grow and thrive.”