In a legal filing Thursday, PFLAG National sought to block a new demand from Texas Attorney General Ken Paxton that would require the organization to identify its Texas transgender members, doctors who work with them, and contingency plans for anti-transgender legislation in the state. The civil investigative demand, issued on Feb. 5, calls for extensive identifying information and records from the LGBTQ+ rights organization. PFLAG, in its filing to block the demands, describes them as "retaliation" for its opposition to anti-transgender laws in the state and alleges that they violate the freedom of speech and association protections afforded by the United States and Texas constitutions.
The demands are extensive. The letter to PFLAG National demands "unredacted" information around claims made by Brian Bond, PFLAG's Chief Executive Officer, in a legal fight against the ban on gender-affirming care in the state. Bond's claims highlighted that PFLAG represents 1,500 members in Texas, many of whom are seeking contingency plans if SB14, the ban on gender-affirming care, takes effect.
Per the lawsuit, PFLAG National states that it would be required to disclose Texas trans youth members, including "complete names, Social Security numbers, dates of birth, jobs, home addresses, telephone numbers, [and] email addresses." It also states they would need to hand over documents and communications related to their medical care, hospitals outside the state, and "contingency plans" discussed among members for navigating the new laws on gender-affirming care in Texas.
You can see some of the questions asked in the civil investigative demand here:
The demands also encompass communications with out-of-state healthcare organizations, including QMed in Georgia, Seattle Children's Hospital, and Plume. Previous reports have revealed similar civil investigative demands issued to these out-of-state healthcare providers, seeking information on all patients from Texas who have received their gender-affirming care in Washington State at Seattle Children’s Hospitals. Seattle Children's Hospital, in a legal response, argued that such care, conducted entirely within the state of Washington, falls outside Texas's jurisdiction. It further contended that Washington has a shield law prohibiting the sharing of protected private information related to transgender and abortion care with out-of-state entities. That lawsuit is still ongoing.
This is not the first attempt by Attorney General Ken Paxton to identify transgender people in the state. The filing points to a previous attempt to “compile a list of individuals who had changed their their gender” on Texas driver’s licenses. This is part of a “pattern of seeking identifying information about anyone who is transgender in Texas,” according to the filing.
PFLAG National alleges that the demands are an "overly broad, unreasonably burdensome fishing expedition” that violates its member’s rights to freedom of petition, association, speech, and assembly. It also alleges that they are a violation of prohibitions on unjustified searches and seizures, and that the use of civil investigative demands are an attempt to get around judicial decisions that have blocked Paxton from making similar requests in ongoing court fights. The organization also alleges retaliation for standing up for transgender families in the state.
“These Demands are a clear and unmistakable overreach by the OAG in retaliation for PFLAG successfully standing up for its members, who include Texas transgender youth and their families, against the OAG’s, the Attorney General’s, and the State of Texas’s relentless campaign to persecute Texas trans youth and their loving parents,” the filing reads.
In an interview with Mandy Giles, founder of Parents of Trans Youth and former PFLAG Houston president, she concurs with the allegation of retaliation, stating, “Paxton would retaliate against PFLAG… the families can’t defend themselves. They are too scared to be visible. They can’t fight back, they can’t fight for their kids, they can’t fight for themselves, or their trans loved ones. When PFLAG stepped up to help, it was a saving grace. To have them be attacked this way feels like we all are getting attacked.”
When asked about the specific demands for contingency plans, she paused to collect herself, stating, “This is the families worst fear… that something that was offered to them for protection could come back and hurt them…. the nerve of Paxton asking for families escape plans when he was the reason they were escaping.”
Sadie Hernandez, communications manager for Transgender Education Network of Texas, stated that while Paxton was targeting transgender people now, the methods overlap with other fights in the state for reproductive healthcare and bodily autonomy. “The way they are coming after trans folks has been seen in the way they are going after abortion rights. We have an idea of what is in their playbook.”
She also emphasized the unique impacts these enforcement efforts have on marginalized communities within the trans community, such as undocumented immigrants, “When we talk about folks disproportionately impacted, immigrant and undocumented trans folks who can’t leave the state, or if you are in a border checkpoint can’t even leave the area to receive any kind of gender-affirming care…there will be a lot of folks left out of being able to access care.”
Responding to the Lawsuit, Lambda Legal Senior Counsel and Director of Constitutional Law Practice Karen Loewy stated, “The Attorney General’s demand of PFLAG National is just another attempt to scare Texas families with transgender adolescents into abandoning their rights and smacks of retaliation against PFLAG National for standing up for those families against the State’s persecution.But PFLAG members’ rights to join together for mutual support, community, and encouragement are strong and we will fight to protect them.”
PFLAG National is represented in the case by Lambda Legal, the ACLU and the ACLU of Texas, The Transgender Law Center, and Arnold & Porter Kaye Scholer LLP.
The Transgender Education Network of Texas provided several funds that they work with, including the Frontera Fund, Fund Texas Choice, TEA Fund, Avow, and Lilith Fund.
This originally appeared on Erin in the Morning.
