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Amber Briggle

Broader injunction issued to halt DFPS investigations of trans kids’ families

Good.

Texas’ child welfare agency is once again blocked from investigating parents who provide gender-affirming care to their transgender children. The injunction applies to any family that belongs to PFLAG, an LGBTQ advocacy group with more than 600 members in Texas.

The injunction also specifically protects a handful of families named in the suit, including the Briggles, outspoken advocates for transgender youth who were among the first to be investigated under this directive.

This is the latest chapter in a monthslong legal battle over whether providing medically indicated gender-affirming health care, under the guidance of a doctor, could result in a finding of child abuse by the state.

In February, following a nonbinding legal opinion from Attorney General Ken Paxton, Gov. Greg Abbott directed the Department of Family and Protective Services to investigate parents who provide gender-affirming care to their transgender children.

The Texas Supreme Court has ruled that Abbott had no grounds to direct DFPS to investigate these families but overturned a statewide injunction on procedural grounds.

The American Civil Liberties Union and Lambda Legal brought another lawsuit after that first injunction was overturned, seeking protections on behalf of all members of PFLAG. Travis County District Judge Amy Clark Meachum granted that injunction Friday, three months after hearing arguments.

See here for the previous update and here for a copy of the ruling. This injunction will benefit a lot more families as noted by the story, but we know that it will be appealed and ultimately the Supreme Court will have the final word, so celebrate responsibly. Assuming it hasn’t been mooted by that point, there will be a trial on the merits in Judge Meachum’s court next June. The ACLU, Lambda Legal, Amber Briggle, and the Chron have more.

Another injunction issued to halt DFPS investigations of trans kids’ families

New case, different families.

A Travis County judge on Friday granted a narrow injunction against the state of Texas that will continue to block investigations of child abuse for two families who allowed their children to receive gender-affirming care.

The suit was brought by three Texas families and national LGBT advocacy group PFLAG in response to the Department of Family and Protective Services resuming the investigations this spring, after the Texas Supreme Court ruled it could in a similar but separate case.

“The DFPS Rule was given the effect of a new law or new agency rule, despite no new legislation, regulation, or even valid agency policy,” said Judge Amy Clark Meachum, a Democrat, in granting the injunction, which will last until the case’s resolution.

Like another Travis County judge who granted a temporary restraining order that blocked the investigations into the plaintiff families, Meachum wrote in her ruling Friday that restarting the inquiries would cause “immediate and irreparable injury” to them.

Unlike the previous injunction, however, Meachum’s order does not apply to all members of the chapter-based group PFLAG.

Meachum said Friday that she will “consider legal and factual consideration” and “rule as soon as possible” on whether to do so. Adam and Amber Briggle, the third plaintiff family, was also not included in Friday’s injunction, as their CPS case was closed after the lawsuit was filed.

[…]

There have been 11 investigations of parents of Texas transgender youth, testified Marta Talbert, a director of the state’s Child Protective Investigations unit who was called as a witness by state lawyers. Talbert said five have been closed and two are close to being closed.

The other four cases are stayed by the court through litigation. Talbert said this was either because the state found the youth were not on any kind of puberty blockers or hormones or, more often, because their doctor was able to provide information about their care to investigators.

Lawyers for the plaintiffs disputed that the investigations were being held up for purely administrative reasons and said there seemed to be “further activity” by the child welfare agency on them, contradicting Talbert’s testimony.

See here for a copy of the judge’s order. As the story notes, the state has already filed an appeal, so this will end up before the Supreme Court again in fairly short order. I’m going to go through a bunch of previous posts to review the history so far, but first let’s look at the Statesman story for some further details.

Meachum’s temporary injunction blocked the child-welfare agency from taking any action against the families other than to close its investigations — if that can be done without further contact with the parents or children.

The controversy began in February when Paxton issued a nonbinding legal opinion that said gender-affirming care was prohibited by state child-abuse laws. National medical experts said Paxton relied on false claims, exaggerations and errors to reach that conclusion, but Abbott followed with a Feb. 22 letter directing the Department of Family and Protective Services to investigate such care as abuse, and the state’s child-welfare agency agreed to do so.

Legal challenges followed.

The first lawsuit was filed by a mother, identified only as Jane Doe, who worked for the Department of Family and Protective Services and came under investigation after asking a supervisor what Abbott’s directive meant for her transgender teen. Meachum responded in March by issuing a statewide injunction barring all abuse investigations based solely on providing gender-affirming care.

Paxton’s bid to overturn the injunction is still before the Austin-based 3rd Court of Appeals, but in the meantime, the Texas Supreme Court substantially limited the scope of the judge’s order, striking down the statewide injunction in May while allowing it to apply only to the Doe family.

When Child Protective Services resumed child abuse investigations, three more families filed suit, this time joined by PFLAG, a leading LGBTQ advocacy organization. Last month, a different Travis County judge responded by issuing a temporary restraining order blocking investigations into the three families and any member of PFLAG.

On Wednesday, during a daylong hearing in Austin on whether to convert the restraining order into a longer-lasting injunction, lawyers for Paxton argued that state law gives the child welfare agency the authority to protect minors from abuse, including the potentially improper use of puberty blockers and hormone therapy.

To recap, the first lawsuit to block investigations resulting from Greg Abbott’s executive order, which in turn followed Ken Paxton’s nonbinding opinion, came on March 1, with a DFPS employee and her family, including her 16-year-old daughter, as plaintiffs; Amy Clark Meachum was the judge in this case as well. They won a restraining order, which was then appealed and upheld by the appellate court. On March 11, Judge Meachum issued a statewide injunction to stop the state from investigating anyone for child abuse based solely on the allegation that they provided gender-affirming medical treatment, and anyone from being prosecuted for child abuse for providing gender-affirming care and lifts the mandatory reporting requirements laid out in the directive. This was upheld by the appellate court after some shenanigans by Ken Paxton. On May 13, the Supreme Court upheld the original injunction for the first family that sued but overturned the statewide injunction, which allowed DFPS to pursue other investigations if it had grounds to do so. At that time, DFPS employees said that “agency leadership has acknowledged that these investigations do not meet the current requirements for child abuse and have said policy would need to be generated to match the governor’s directives”, which I believe is what Judge Meachum is citing in this ruling. DFPS did resume some investigations, which led to another lawsuit filed on behalf of three families, who were granted a restraining order by a different Travis County judge, Jan Soifer. One of the three plaintiff families in that case is the Briggles, whose investigation has since been closed by DFPS, which I believe means they are no longer party to that suit, though I could be wrong about that. And that, I believe, catches us up. Whew!

From here the usual pattern will be followed. The restraining order is being appealed, and if history is any guide it will be upheld by the Third Court and go from there to SCOTx. In the meantime, there will be a hearing for a permanent injunction, which according to Judge Meachum’s order will be on December 5. SCOTx may or may not get around to weighing in on the restraining order before then. Most likely some other suits similar to these current two will be filed, and perhaps DFPS will publish an update to their requirements to make their investigations less susceptible to these lawsuits. I have no idea how long that process may take or what the new requirements might look like. I don’t think there’s any relevant federal activity that could have an effect, but that may change, and I might be wrong about that. Needless to say, the 2022 election will have an effect as well.

One more thing, from the Chron story:

The state called as a witness James Cantor, a clinical psychologist based in Ontario, Canada, who said his reviews of studies have found that the majority of children with gender dysphoria no longer end up having symptoms of the condition after hitting puberty and instead “tend to realize they are gay or lesbian.”

Most of the studies he cited in a blog post making the same argument were published before 1988. Gender identity disorder did not make an appearance in the nation’s manual of mental disorders until 1980.

The plaintiffs’ attorneys objected to Cantor’s testimony, saying the studies referenced were not of transgender youths but rather “tomboys” or “effeminate” youth. They also pointed to a North Carolina district court opinion that found that Cantor lacked personal experience or expertise treating minors with gender dysphoria and therefore gave his testimony “very little weight.”

“It’s a complete misrepresentation of the science, one that frankly is the basis and foundation for all of Paxton’s opinions, Gov. Abbott’s directive and the department’s actions,” said Omar Gonzalez-Pagan, senior attorney with Lamda Legal. “It’s a fundamental misunderstanding about trans kids because they don’t believe trans kids should exist.”

This is your reminder that the state’s entire case is built on bullshit and lies, and should be laughed out of the courtroom. The Los Angeles Blade has more.

Restraining order given in latest lawsuit to stop DFPS investigations

Good.

An Austin judge has temporarily stopped the state from investigating many parents who provide gender-affirming care to their transgender children. The state has ruled out allegations of child abuse against one family under investigation, but at least eight more cases remain open.

Travis County District Judge Jan Soifer issued a temporary restraining order Friday in a lawsuit filed on behalf of three families and members of PFLAG, an LGBTQ advocacy group that claims more than 600 members in Texas.

Brian K. Bond, executive director of PFLAG National, applauded the decision to stop what he called “invasive, unnecessary and unnerving investigations.”

“However, let’s be clear: These investigations into loving and affirming families shouldn’t be happening in the first place,” Bond said in a statement.

[…]

This new lawsuit, filed Wednesday by the American Civil Liberties Union and Lambda Legal, seeks to block investigations into all parents of transgender children who belong to PFLAG.

During Friday’s hearing, Lambda Legal’s Paul Castillo revealed that the state has ruled out allegations of child abuse against Amber and Adam Briggle, who were under investigation for providing gender-affirming care to their 14-year-old son.

The Briggle family, outspoken advocates for transgender rights, once invited Republican Attorney General Ken Paxton over for dinner. Five years later, they ended up at the center of a child abuse investigation that stemmed, in part, from a nonbinding legal opinion that Paxton issued in February.

While their case has been closed, many others remain ongoing. Castillo said one of the families involved in the lawsuit was visited by DFPS investigators Friday morning.

“I do want to highlight for the court that every plaintiff in this case has illustrated the stress and trauma of even the potential of having a child removed, merely based on the suspicion that the family has pursued the medically necessary course of care that is prescribed by their doctor for gender dysphoria,” Castillo said.

See here for the background, and here for an account from Lambda Legal. The investigation into the Briggle family had apparently been dropped before the hearing, but as noted the others were still active. The judge has directed the lawyers to schedule a hearing in the coming days, at which time we’ll see if the order gets extended. While DFPS had restarted investigations following the Supreme Court’s lifting of the statewide injunction, the investigation of the family from that original case is still paused, so most likely these families will get the same relief. It’s just a shame that they have to go to such lengths to get it.

I would encourage you to read this Twitter thread by DMN reporter Lauren McGaughy, who live-tweeted the hearing. It’s obvious from the way the state argued the case and responded to the judge’s questions that they know they’re on extremely shaky ground – they’re minimizing the Abbott/Paxton order at every turn, and just not engaging the questions as much as they can. That’s not a guarantee of success for these or other plaintiffs going forward, and the next Legislature could enshrine these orders as law if the Republicans remain in control, but it’s important to see the lack of faith in their own case. The Chron has more.

New lawsuit filed to stop DFPS “investigation” of trans kids and their families

From the inbox:

The American Civil Liberties Union, Lambda Legal, and the ACLU of Texas, along with Texas-based law firm Baker Botts LLP, today filed a new lawsuit in Texas state court on behalf of PFLAG National and three Texas families. The suit requests that the court block state investigations of PFLAG families in Texas who are supporting their transgender children with medically necessary health care.

The lawsuit names Texas Gov. Greg Abbott, who issued a February directive stating that health care that is medically necessary for treating gender dysphoria should be considered a form of child abuse. The suit also names Department of Family and Protective Services (DFPS) Commissioner Jaime Masters and DFPS as defendants.

“For nearly 50 years, PFLAG parents have united against government efforts to harm their LGBTQ+ kids. By going after trans kids and their families, Gov. Abbott has picked a fight with thousands of families in Texas and across the country who are united as members of PFLAG National,” said Brian K. Bond, Executive Director of PFLAG National. “Loving and affirming your child and empowering them to be themselves is the highest calling of any parent, no matter your child’s gender. If it takes a court ruling to ensure that the law protects families who lead with love in support of transgender Texans, so be it.”

PFLAG provides confidential peer support, education, and advocacy to LGBTQIA+ people, their parents and families, and allies. With a nationwide network of hundreds of chapters—including 17 in Texas—PFLAG National works with families, schools, and communities to build safety and support for transgender youth.

In an earlier lawsuit brought by the ACLU, Lambda Legal, ACLU of Texas, and Baker Botts, the Texas Supreme Court upheld part of an appeals court order preventing DFPS from investigating parents who work with medical professionals to provide their adolescent transgender children with medically necessary health care. That case, Doe v. Abbott, is still pending.

While the Texas Supreme Court emphasized that neither Attorney General Ken Paxton nor Governor Abbott have the power or authority to direct DFPS to investigate the provision of essential and often lifesaving medical care for transgender youth as child abuse, the court limited the order blocking all investigations to the specific plaintiffs who filed suit.

“It is indefensible for any state leader to repeatedly attack trans Texans and weaponize the child welfare system against the loving families of transgender kids and teens.” said Adri Pérez, policy and advocacy strategist at the ACLU of Texas. “We will continue to fight against these baseless attacks on our community. Transgender kids deserve to have life-saving gender-affirming care in Texas, so that they might live safely to grow up to be transgender adults. During this Pride Month, we must take a stand against government leaders that are hellbent on stoking fear, and trying to criminalize transgender young people and their families.”

“Notwithstanding the clear language in the recent Texas Supreme Court ruling that Attorney General Paxton and Gov. Abbott do not have the power or authority to direct DFPS to investigate loving families who are providing medically necessary care for their transgender adolescents as child abuse, the agency seems determined to target these families and threaten to tear them apart,” Lambda Legal Senior Counsel Paul D. Castillo said. “With today’s filing, we are joining with PFLAG in working to protect all Texas families who simply want to make sure their children are safe, happy, and healthy. It is unconscionable that the state wants to interfere in that relationship.”

See here for some background, and here for a copy of the lawsuit, filed on behalf of two anonymous families plus the Briggle family. With the resumption of these investigations by DFPS, this is the only way for these folks to protect themselves. Based on what has happened so far I would expect them to get their restraining orders, and after that we’ll have to see what happens with the original case and its eventual appeals. Until we can get a better government in place, I hope we see more of these lawsuits, enough to cover everyone who will need it. The Trib has more.

How Republicans bullied a gender affirming care clinic into closing

Gross.

Leaders of a now-defunct health clinic — known for years as the largest program of its kind for transgender youth in Texas — came under pressure to restrict gender-affirming care from the governor’s office and a state House investigative committee, according to recordings of internal meetings among hospital leadership and staff obtained by The 19th.

Hospital administrators and doctors at GENder Education and Care, Interdisciplinary Support (GENECIS), a state-run medical institution, struggled to reconcile halting care with the knowledge that doing so could severely jeopardize the mental health of their patients, the recordings reflect.

GENECIS, which was jointly run by the University of Texas Southwestern Medical Center and Children’s Medical Center Dallas, quietly closed to new patients in November, with all references removed from the Children’s Health website. The 19th obtained nearly five hours of meetings among UT Southwestern leadership and staff, as well as staff and leadership at Children’s Medical Center and GENECIS employees, that took place during 2021 and 2022.

The shuttering of GENECIS is part of Texas officials’ efforts to restrict health care and full access to services for trans youth. Gov. Greg Abbott called three special sessions of the Texas legislature that prioritized anti-trans legislation, pledged to take action against gender-affirming care for trans youth, and has backed the state attorney general’s interpretation that giving puberty suppressing drugs and hormone therapy to trans youth is child abuse. These moves have put multiple parents seeking care for their trans children under investigation by the state. (A state court issued an injunction on Friday evening blocking these investigations.) On a March 2 call with reporters, Abbott’s campaign reportedly described the push to investigate parents of trans kids as a winning issue.

[…]

The hospital leadership and staff at GENECIS began to discuss the political pressure on the clinic as early as July, according to the recordings, as the Texas investigative committee looked into their work and the governor’s office probed for more information.

Meetings among hospital leadership and staff beginning last summer portray disarray and distress. They worried that halting care could lead to suicides and poor mental health among trans youth in a state with few options.

“How can we minimize the risk of suicidality in patients who could otherwise have come into GENECIS? I think that’s a very high priority,” Dr. Perrin Whitedirector of pediatric endocrinology at UTSW, said at a November meeting.

“We’re taking away the life-saving medical care for the new patients,” one GENECIS employee said in response. “If we’re mitigating suicidality, let’s be clear, it’s because in large part, we’re taking away medical care.”

The GENECIS team was instructed by UT Southwestern leadership in November to stop prescribing hormone treatment and puberty blockers to new patients, several days after the website suddenly came down on November 12. Existing patients were allowed to continue all treatment, but new patients would only be able to access psychiatric evaluation and counseling, and be evaluated for gender dysphoria.

Physicians and staff debated how to maintain some semblance of care for trans youth under their new normal. Several GENECIS staff members raised concerns that the program was not designed to offer psychological care alone — and that the ultimate point of evaluating patients’ mental health is to determine whether they can receive hormone treatment or puberty blockers, considered life-saving care by families of trans kids and many of the physicians who work with them.

Access to hormone therapy and puberty-suppressing drugs, widely recommended by medical authorities, is linked to lower rates of suicidal ideation and improved mental health among trans youth. Kids who received one year of hormone therapy through GENECIS reported small to moderate improvements in symptoms of depression, per research by leaders of the program published in the American Academy of Pediatrics in March 2020.

Evan Singleton, 19, who lives outside Dallas, told The 19th that he believes the gender-affirming care he received through GENECIS — puberty blockers and hormone treatment — saved his life.

“I feel scared and sorry for these kids that can’t get the help that they need,” he said. For him, starting puberty blockers soon after he turned 10 was a relief. His mother, Mela, added that finding a way to halt her son’s puberty afforded her time to learn the best course of action for her child’s future, while halting the extreme emotional distress caused by his puberty.

There’s more and you should read it. The Dallas Morning News and the New York Times were on this as well. Here’s a bit of interest from the latter:

Since its founding in 2014, the Genecis clinic had offered patients aged 5 to 21 counseling, pediatric care and, starting at adolescence, puberty-blocking drugs and hormones. (The clinic did not perform surgeries.) With no other options for such comprehensive care, the clinic was sought out by families across the state. It also published scientific research about its patients.

“The Genecis clinic has been a leader in producing data about the youth they see — data that everyone on every side of this issue has argued that we need,” said Kristina Olson, a psychologist at Princeton University who studies gender development in children.

Early evidence suggests that these hormone treatments, part of what’s known as “gender affirming” care, improve the mental health of trans teenagers. But few studies have looked at the long-term outcomes of adolescents who take these medications, which may also come with risks, like fertility loss.

Gender-affirming care has been endorsed by major medical groups in the United States. Although some doctors have debated which adolescents will benefit most from such treatments, many say that the decision to take them should be made by patients, their parents and their health care providers, not the state.

Legal experts have also questioned whether shutting down the clinic could constitute discrimination under federal statutes. Pediatric endocrinologists around the country — including those at U.T. Southwestern — routinely prescribe similar drug regimens to children with hormonal disorders who are not transgender.

“The U.S. Supreme Court has held in the ‘Bostock’ case that discriminating because of sex does include gender identity,” said William Eskridge, a professor at Yale Law School. “Ultimately they are denying medical care based upon gender identity.”

The federal government has taken a similar stance. “Denials of health care based on gender identity are illegal, as is restricting doctors and health care providers from providing care because of a patient’s gender identity,” according to a statement released last week by the Department of Health and Human Services.

I suppose this means we should expect more litigation, this time in the federal courts, which unfortunately will mean another opportunity for the Fifth Circuit to act like monsters. Just a reminder, that article from The 19th notes that access to this kind of care correlates with “lower rates of suicidal ideation” in these kids. If it’s really being taken away, Abbott and Paxton and the rest will have blood on their hands. Don’t ever forget that.

We’ve heard a lot from Amber Briggle lately, now here’s an interview with her husband Adam Briggle, who discusses the recent CPS visit to their house, courtesy of Abbott and Paxton.

How long did the interviews last, and what sorts of questions did they ask you?

The whole thing felt like forever, but I guess it took about two hours. It’s humiliating. She asked me first, do I have a history of mental illness? And second, do I have a history of abuse? Like abusing my kids, my wife. Of course the answer is no. Then she asked about our social support network, like what kind of connections do we have in the community. And then she wanted to know what our daily routines are like. She wanted to see the house to see where we have food, to see if we have blankets, to see all the things you would want to see if somebody was really being a child abuser. It was surreal.

[…]

How were your kids reacting to all of this?

Well, Amber and I have been publicly raising a trans child and being a trans-inclusive family in Texas for about seven years now. And until now, we’ve been able to shield our children from the hatred that pervades our country’s politics, but I’m afraid now that it has walked through our door it’s taking a toll on them mentally and emotionally. So we’re not doing well, to put it bluntly. We get through the day, but it’s hanging over all of us.

And they’re pretty young, right? Your son is 14, and you have a 9-year-old daughter. How did you explain to them what was happening?

Well, I don’t know if we did it right. Because you never really imagine being in this situation. But I told the kids, “We’ve done nothing wrong. We never want you to lie. We’re not going to lie about anything. But we’re not going to answer questions, because the government is sending a spy into our house, and we don’t talk to spies. And we’re being interrogated for no legal or moral reasons.” It was, as you might imagine, scary for kids to hear that. But I didn’t know how to sugarcoat it. Because it’s very serious. You know, the consequences at stake for us are losing our child or uprooting our family. I’d lose my job, my health insurance. You look around the country, where could we move? There’s a guy who said he could maybe help me find a job in Arizona, but Arizona is hardly any better with this shit.

[…]

How did it feel, after inviting Paxton to dinner, to see his recent opinion on trans kids and to learn that an investigation was being opened against you?

Like the depths of betrayal, basically. And utter cynicism on his part, that this is just a way to get through a primary season for him, just using us. He knows us. He said at the end of that dinner, he looked at our son, he said, “You got a good kid there.” By the way, it’s the same thing the CPS worker said after our visit. She looked at us and over at our son, who was practicing his cello at that point, and said, “Clearly you’re doing something right because you have wonderful children.” It’s maddening that we are going through this when anybody who meets us is like, “This is just a loving family.”

Have you reached out to Paxton again since the investigation was opened?

No, we haven’t. He’s made it plain that he’s not open to learning. I think what’s going on, like historically in this moment in time, is you have trans folks who feel like they can be out as their authentic selves within circles of friends or within safe communities. And the struggle we’re in now is how to achieve that liberation more widely in public society. And frankly, people like Paxton are just acting as the oppressors preventing that from happening. And at some point, dialogue is impossible with those sorts of people. So we tried, but he’s shown us his hand, and so there’s no point with him anymore.

I would like nothing more for the Briggle family and everyone else in their position than to be left alone. But we have work to do before that can happen.

Ken Paxton repays the Briggle family for their hospitality

What a scumbag he is.

When the case worker asked to inspect the house, Amber and Adam Briggle first led her to the kitchen. They opened the cabinets to show they were full of food.

They moved on to the dining room. Every Sunday the Briggles and their two kids, now 14 and 9, sit in those chairs for dinner and talk about gymnastics or their new purple hair. It was around the dining room table where, six years earlier, Attorney General Ken Paxton and his wife, Angela, sat with the Briggle family eating steak kabobs and watermelon. But last month, Paxton issued a nonbinding legal opinion that gender-affirming health care for transgender kids, like the Briggles’ son, constitutes child abuse. Shortly after, Gov. Greg Abbott ordered the Texas Department of Family and Protective Services (DFPS) to investigate the parents of trans kids.

The Dallas-area family now says it is under investigation and at risk of losing the kids.

“When we were notified of the allegations, it was as if the wind had been knocked out of us. We wanted to scream and cry, but we had no air,” the couple wrote in a statement approved by their lawyer. “Raising a transgender child in Texas has been one long political emergency.”

Briggle said she learned of the investigation February 28, when she found a sticky note on her desk at the massage studio she owns saying she had missed an urgent private call. She assumed it was from another parent of a trans kid looking for advice. When she called the number, the woman on the line informed her that she was a Child Protective Services investigator, and she was 30 minutes away from the Briggle home.

The next 30 minutes went by in a blur, Briggle said. She managed to reach Adam, and they got family attorney Ian Pittman on the phone. They convinced the investigator to meet them at Briggle’s office. She would schedule another meeting for that Wednesday at the house.

“We told the children that they have the right to not answer questions,” the couple wrote in a statement. “We told them that the government is trying to spy on us even though we have done nothing wrong.”

[…]

In the meantime, families like the Briggles have been working feverishly to secure attorneys who will work pro bono, testimonials from friends and family, and home studies for a “safe folder,” an emergency packet of documents to demonstrate their parenting skills. The Briggles have filed a federal complaint against the state, Adam Briggle said.

“The Texas government has launched an effort to round up transgender children and send them off to a broken, overcrowded, and dysfunctional foster care system,” the Briggles wrote.

Last year, the legislature failed to pass a bill that would have labeled gender-affirming medical care as child abuse. Briggle testified against that bill. The couples say their family has been the subject of death threats and harassment ever since.

The family is terrified of speaking up about the investigation now, they said. But the couple is prepared to flee the state, and they worry that if no parents speak up, other trans kids will also face removal.

Adam is a tenured professor. Briggle owns a business. Both kids have a lot of friends. Leaving Texas would destroy their lives, they said.

“I really think that we need to start a contingency plan of that nature,” Adam said.

“If we have to become political refugees in our own country, then that’s what we do,” Briggle added. “But I don’t know where it’s safe.”

I wrote about the Paxtons’ dinner with the Briggles at the time. I did not believe that the Briggles’ generosity would have any effect on the Paxtons, and I’m sad to have been right about that. I can’t imagine what the Briggle family is going through right now. Just seeing them talk about the possibility of leaving the state is breathtaking, given that Amber Briggle was saying this on the same day that story was published:

Whatever the Briggles decide to do, they’re not the only parents who are thinking of fleeing. I can’t even type things like that without wanting to scream. If we’re lucky, there will be a statewide injunction against this cruel policy as soon as today. But that will be appealed, and who knows what happens after that. We also know that losing in court is not going to stop the Republicans, who are all in on hating transgender people now. I’ve said it many times, they’re going to have to lose elections over this. Like, a lot of elections. That’s not going to be easy. The Briggle family is out there doing their part. We all have to do ours.

This is a good start, if a belated one.

Sixty-five major U.S. companies who do business in Texas are calling on Gov. Greg Abbott to reverse his order requiring the state’s child welfare agency to investigate gender-affirming care for transgender youth as a form of child abuse by their parents.

The companies, including Apple, Dow, Google, Johnson & Johnson, Meta and PayPal, in conjunction with the LGBT advocacy nonprofit Human Rights Campaign took out full-page print and digital advertisements in the Dallas Morning News that state in all capital, bold letters: “Discrimination is bad for business.”

“The recent attempt to criminalize a parent for helping their transgender child access medically necessary, age-appropriate health care in the state of Texas goes against the values of our companies,” they wrote. “This policy creates fear for employees and their families, especially those with transgender children, who might now be faced with choosing to provide the best possible medical care for their children but risk having those children removed by child protective services for doing so.”

So far, there are nine new CPS investigations statewide involving parents who are supporting their children’s medical care, said Patrick Crimmins, spokesperson for the state Department of Families and Protective Services. But advocates and lawyers say even just the fear of an investigation is putting immense stress on Texas families with transgender children.

Good for them, but there are a lot more companies that do business in Texas. Where are they? As that Trib story I linked to above points out, the Republican animosity towards the transgender community (as well as some other social issues) has caused a rift between them and their longtime benefactors in the business world, because they care about homophobia and transphobia and “critical race theory” and voter suppression so much more. When is the business community going to recognize this and start acting accordingly?

As a reminder, this is the system that Abbott and Paxton want to put these children into.

Employees at a state-contracted foster care facility established to help female victims of sex trafficking were instead trafficking the children staying there, state officials said Thursday.

The Bastrop operation, called The Refuge, has served 11 children ages 11 to 17. State officials began receiving reports of sexual abuse at the facility in late January, when a staffer alleged that a former employee had sold nude photos of two young girls and used the money to purchase illegal drugs and alcohol for them.

More accusations were made in the following weeks, and state investigators discovered that several staffers still employed at The Refuge were involved in the criminal activity. In total, there are seven alleged victims and nine alleged perpetrators, state officials said at an emergency court hearing Thursday afternoon.

All of the children were finally removed from the facility on Wednesday. One staff member has been arrested, and additional criminal charges are expected, officials said.

“The most appalling thing about this is the disregard of these children and you had to wait to get eight calls before you took 11 female already-trafficked children out of this trafficking situation,” said U.S. District Judge Janis Jack, who has overseen a decade-long lawsuit over the state’s foster care conditions. “This is a system that remains broken.”

The matter came to light Thursday, after the state Department of Family and Protective Services notified court-appointed monitors of the “urgent situation” at The Refuge. Jack blasted state officials for withholding the information from the monitors for several weeks, and for failing to remove the children after the first reports of abuse.

Emphasis mine. Such a commitment to “protecting” children Abbott and Paxton have. Maybe this should be a bigger story? I’m just saying. The Trib has more.

One more thing:

My family has personal experience with evidence-based gender-affirming health care at Texas Children’s Hospital. An amazing team of professionals lovingly guided us through a process that involved months of discernment with an incredible array of best-in-the-world physicians, social workers and mental health professionals. And our child’s quality of life immediately improved. Everything we did was medically necessary. We cannot imagine the devastation we would feel at being told “our lawyers say we cannot provide the medically necessary health care you desperately need.”

Last week, Texas Children’s announced that it would halt gender-affirming procedures. The hospital leaders should know that this is exactly the result Rep. Matt Krause, Attorney General Ken Paxton and Gov. Greg Abbott hoped would occur with their thinly-veiled circumvention of the democratic process: chaos and fearful reactions.

[…]

Abbott not only used Paxton’s legal opinion but misrepresented it to instruct the state to investigate families. In his letter to Department of Family and Protective Services Commissioner Jaime Masters, Abbott states that the attorney general determined that the gender-affirming health care procedures about which Krause inquired “constitute child abuse under existing Texas law.” Abbott completely ignored the express limitations in Paxton’s opinion. As a former Texas attorney general himself and a former justice on the Texas Supreme Court, it is fair to assume Abbott understands the difference. Frankly, the sheer political expedience of his actions seriously endangering the lives of the very children he should be protecting is beyond reprehensible — it is diabolical.

Finally, the simple truth is that Texas Children’s Hospital has allowed the Abbott/Paxton scheme to work by failing to stand up for the right of physicians (not politicians) to determine the medical standards of care for transgender youth. The hospital explanation was that it made the decision to halt care “to safeguard our healthcare professionals and impacted families from potential criminal legal ramifications.” While it is wrong for politicians in Austin to decide what the medical standard of care should be, it is also wrong for lawyers rather than physicians at the leading clinical and teaching children’s hospital in the world — located in the Texas Medical Center of Houston, literally the apex of medicine — to determine standards of medical care.

More importantly, the hospital has missed this opportunity to stand up for their patients. The hospital has left families like ours out in the cold and dashed the hopes of transgender kids just wanting to be their authentic selves.

Instead of using lawyers to dictate medical standards of care, put them to use in the legal arena fighting for medical independence of physicians and the rights of your patients. Don’t succumb, fight back. File a petition in intervention or an amicus brief in support of the lawsuit filed by the ACLU of Texas and Lambda Legal. Show up. Be courageous. Make the voices of the best medical experts in the world heard on these issues. Your silence is deafening.

See here for the background. Whether we get that statewide injunction or not, I agree with this. Texas Children’s Hospital, the other hospitals that have halted gender affirming care, the physicians who treat trans kids, the Texas Medical Association, all of them and more should be doing their part to fight back. If not now, then when?

Senate passes anti-transgender athletics bill

It’s gross, and it unfortunately may not be the only such bill they pass this session.

Transgender students would be banned from competing on school sports teams based on their gender identity under a bill that passed the Texas Senate on Thursday.

Despite immense opposition from civil rights groups and Democrats, the upper chamber voted on an 18-12 vote to advance Senate Bill 29. The measure now heads to the Texas House.

The proposal would prohibit students from participating in a sport “that is designated for the biological sex opposite to the student’s biological sex as determined at the student’s birth.” Students would be required to prove their “biological sex” by showing their original, unamended birth certificates.

State Sen. Charles Perry, R-Lubbock, argued on Wednesday that the prohibition is necessary to keep girls safe from injury and to retain fairness in interscholastic athletics. But Perry acknowledged that he doesn’t know of any transgender students currently competing in Texas school sports.

And medical professionals have largely debunked the argument that transgender athletes have an advantage, with one study showing people taking hormones did not have a significant performance edge in distance running.

Opponents said the Republican leadership-backed bill was a “fear tactic” in search of a problem that doesn’t exist.

“Trans kids, they just know they are not what their birth certificate says,” said state Sen. José Menéndez, D-San Antonio. “And that’s where we’re creating a problem that we don’t need to.”

[…]

Wednesday afternoon, Equality Texas held a news conference outside the Capitol building in Austin to bring awareness to over 30 bills filed in the legislature that would discriminate against LGBTQ youth. Ricardo Martinez, the organization’s CEO, noted that the first of these anti-trans bills was filed 156 days ago, on the first day of bill filing for this session.

“That day kicked off the Texas portion of a nationally-coordinated attack on our community,” Martinez said. “This attack, which intentionally targets transgender and intersex youth, who are some of the most vulnerable members of our community, is especially cruel given that we’re still in a deadly pandemic.”

Landon Richie, an 18-year-old transgender Texan, skipped his classes at the University of Houston to speak outside the Capitol Wednesday.

“Trans kids belong in Texas and deserve the same rights, access to health care, access to sports, access to public facilities, as any other Texan,” Richie said.

Mack Beggs, a transgender athlete from Texas, garnered national headlines after he won back-to-back wrestling titles in 2017 and 2018. Beggs competed in the women’s division because the UIL ruled he had to compete against the gender that appeared on his birth certificate. Attorney Jim Baudhuin sued the UIL in 2017, arguing that Beggs posed an injury risk to other athletes and possessed an unfair advantage. A Travis County judge tossed out the case.

“Mentally, it took a toll on me,” Beggs told Yahoo News last month. “I think we need to have resources in place for other [trans] kids who are in those positions.”

He spoke out against proposals like SB 29, calling them “revolting and honestly appalling.”

The irony of people who have systematically chiseled away at women’s health care in Texas arguing that this ridiculous and pointless bill will somehow “protect” women is enough to break my brain. As previously noted, there are economic consequences on the line here, as the NCAA has codified its warning that “it will only hold college championships in states where transgender student-athletes can participate without discrimination”. As with voter suppression, the reason to oppose this harmful nonsense isn’t that Texas may lose out on a couple of Final Fours, but that bills like this are directly harmful to many children, and are just morally wrong on any level you want to look at them. And as noted above, it just gets worse from here.

The mother of a transgender boy testified before the Texas legislature in tears as Republicans try to pass a bill to criminalize parents who support their transgender children.

“I’m terrified to be here today,” said Amber Briggle told the Texas Senate Committee on State Affairs at a hearing earlier this week. “I’m afraid that by speaking here today that my words will be used against me should S.B. 1646 or S.B. 1311 pass, and my sweet son whom I love more than life itself will be taken from me.”

Texas’s S.B. 1646 would redefine child abuse to include “consenting to or assisting in the administering or supplying of, a puberty suppression prescription drug or cross-sex hormone to a child,” as well as other gender-affirming health care procedures, even though puberty blockers are reversible and have been found to significantly reduce suicidal thoughts for trans people.

And Briggle knows that first-hand.

“When my son was four-years-old, he asked me if scientists could turn him into a boy,” Briggle said, adding that she didn’t understand that he was trans. “I only knew that he wasn’t like most girls his age and that something inside him was hurting.”

She said that she learned about trans youth and found that surgery is not performed on minors, despite how much Republican lawmakers talk about surgery in the context of bills to ban gender-affirming care for minors.

“Today, my son is 13-years-old, the most popular boy in seventh grade, and loved by our friends, family, our church, and our community,” Briggle said. “This is possible because he has parents who affirm him and provide him with the support he needs.”

“Taking that support away from him, or worse, taking him away from his family because we broke the law to provide that support – will have devastating and heartbreaking consequences,” she said, fighting through tears.

“If this bill becomes law, that, senators, is child abuse,” she concluded. “And I promise I will call every single one of you every time a transgender child dies from suicide to remind you that their lives could have been saved, but you chose not to.”

Neither SB1646 nor SB1311 have had committee votes yet, so maybe they’ll die a quiet death and we can exhale and say we dodged a particularly nasty bullet. The fact that Amber Briggle and Kai Shappley and countless others were forced to testify on behalf of their own humanity or the humanity of their children is beyond disgusting. The Chron has more.

UPDATE: And then this happened:

It is hard not to despair. Rep. Erin Zwiener has more.

NCAA warns Texas about anti-transgender bills

It’s not just the voter suppression bills that will do great harm to the state of Texas and its people if the Republicans ram them through.

Amid all the talk of boycotts and corporate criticism of election bills going through the Texas Legislature, major resistance is also shaping up to another top priority of the Republican state lawmakers.

With the Texas Senate cued up to debate a bill this week that would ban transgender girls from competing in girls’ interscholastic sports, the NCAA recently issued a stern warning that they are watching the legislation.

“The NCAA continues to closely monitor state bills that impact transgender student-athlete participation,” NCAA officials said in a statement to Hearst Newspapers. “The NCAA believes in fair and respectful student-athlete participation at all levels of sport. The association’s transgender student-athlete participation policy and other diversity policies are designed to facilitate and support inclusion.”

The NCAA policies allow transgender athletes to participate without limitations.

It is very similar to the statements the NCAA put out just before Arkansas Gov. Asa Hutchinson signed a transgender bill similar to the one Texas is considering and one that South Dakota Gov. Kristi Noem backed away from while warning of an unwinnable showdown with the college sports association.

SB 29, sponsored by Lubbock Republican Sen. Charles Perry would ban a student from participating in a sport “opposite to the student’s biological sex as determined at the student’s birth…”

[…]

Critics of the Texas legislation and others like it say it’s all part of a wave of bills in statehouses around the nation that are not only discriminatory against transgender children, but dangerous to them.

“This is a moment of national crisis where the rights and the very existence of transgender young people are under attack,” said Alphonso David, president of Human Rights Council, a national group that fights violence, discrimination and fear of LGBTQ people. “Like the bathroom bills and the bills targeting marriage equality before them, these bills are nothing more than a coordinated effort by anti-LGBTQ extremists spreading fear and misinformation about transgender people in order to score cheap political points.”

[…]

The NCAA has been a notable voice against anti-transgender legislation. In 2017, it pulled major sporting events out of North Carolina because of that state passing a version of the bathroom bill. Eventually, North Carolina lawmakers amended the legislation to end the boycott.

The NCAA has major financial commitments in Texas. The men’s basketball Final Four is scheduled to be in Houston in 2023 and then in San Antonio again in 2025. Dallas hosts the women’s Final Four in 2023, and the College Football Championship is set for Houston in 2024.

In 2017, studies suggested Texas could lose nearly $250 million if the Final Four was taken away then. With three Final Fours and the football championships, Texas would be looking at more than $1 billion in economic impact.

“The NCAA believes diversity and inclusion improve the learning environment and it encourages its member colleges and universities to support the well-being of all student-athletes,” the NCAA said in its recent statement to Hearst Newspapers about Texas’ transgender legislation.

That was an early story. The Trib filed a little later, and the NCAA was a bit more specific this time.

The National Collegiate Athletic Association Board of Governors said it will only hold college championships in states where transgender student-athletes can participate without discrimination. The Monday warning sets the stage for a political fight with multiple states, including Texas, that are considering bills in their legislatures that would require students to play sports with only teammates who align with their biological sex.

“Inclusion and fairness can coexist for all student-athletes, including transgender athletes, at all levels of sport,” the NCAA statement said. “Our clear expectation as the Association’s top governing body is that all student-athletes will be treated with dignity and respect. We are committed to ensuring that NCAA championships are open for all who earn the right to compete in them.”

See here for the preview. I for one would very much like these sporting events to be in our cities in those years. But if the Lege follows through on these terrible, harmful bills then the NCAA absolutely should follow through and pull them all until such time as these bills are repealed.

While the legislation has seen some traction in the upper chamber, it’s unclear whether there will be support in the House, where similar bills have yet to get assigned a committee hearing.

In the past, Speaker Dade Phelan, R-Beaumont, has pushed back against bills that would weaken protections for LGBTQ people. After the Senate passed a bill in 2019 that removed nondiscrimination protections based on sexual orientation, the House State Affairs Committee, which Phelan chaired, had the language reinstated.

Phelan said in an interview at the time that he was “done talking about bashing on the gay community.”

“It’s completely unacceptable,” he said. “This is 2019.”

I would have thought we’d learned this lesson in 2017, but apparently some lessons need to be learned the hard way. We still have a chance to escape that fate, but if we don’t it’s 100% on the Republicans. I hope Dade Phelan meant what he said, but it remains to be seen. To learn more and hear from the advocates of the transgender children who are being targeted by our Legislature, you can follow Rebecca Marques, Jessica Shortall, Equality Texas (the woman you see testifying in that video is my friend Mandy Giles), Kimberly Shappley, and Amber Briggle on Twitter. USA Today, the Texas Signal, and Mother Jones have more.

Paxton’s dinner with the Briggle family

So he did go, and he managed to behave himself.

Best mugshot ever

Best mugshot ever

Lots of preparation led up to the moment, but Amber and Adam Briggle still exchanged nervous looks when their doorbell rang about 6:30 p.m. Thursday.

“I was terrified,” Amber Briggle said.

They had invited Texas Attorney General Ken Paxton and his wife, Angela, to come over for dinner and spend a little time with them and their transgender son. The Briggles occupy a much different political space than Paxton, a conservative Republican who has opposed expanding civil rights for gay and transgender people.

A lot of the usual insecurities went through Amber Briggle’s mind — worrying about the food she prepared, whether she would spill her drink, what they would all talk about over dinner.

She needn’t have worried.

“Honestly, it was a very pleasant evening,” Amber Briggle said.

[…]

The Briggles called their invitation to Paxton an act of diplomacy. He has opposed gay marriage, and he is against the idea that transgender people be allowed to use a public restroom that corresponds to their gender identity.

The Briggles see the state’s latest political battle with the federal government over transgender civil rights as one that directly affects their child.

“I’m concerned that the lawsuit, and all these injunctions, and the legislation that’s coming our way is putting my son in danger,” Amber Briggle said.

Many families of transgender children don’t draw attention to themselves out of self-preservation. But that also feeds ignorance, the Briggles say.

They weren’t sure whether the Paxtons had ever knowingly met a transgender person before. The Briggles wanted to show that they are an ordinary Texas family and that they really aren’t alone.

[…]

The couple didn’t ask Paxton for anything specific in relation to the politics surrounding LGBT rights in Texas. Instead, they asked the attorney general to remember them and their son when considering future actions.

See here for the background. The Briggles are better people than I would be in this situation. I wish I could say that I believe Paxton will become a better, more empathetic person as a result of the Briggles’ hospitality, but alas, I can’t. I expect he won’t say, do, or feel anything different. Worth the effort, but this audience wasn’t ready to hear the message.

Paxton says he will meet with transgender child’s family

It’s a start, I guess.

Best mugshot ever

Best mugshot ever

Attorney General Ken Paxton has pledged to meet with the Denton family of a transgender boy, even as his office continues its legal fight against federal school bathroom guidelines that the family supports.

Paxton was asked Monday by KXAS-TV (NBC5) if he would take up the Briggle family — including 8-year-old son, MG — on the offer of dinner. The Republican, who hails from McKinney, said he would be “happy to do that.”

Paxton spokesman Marc Rylander on Tuesday said his office is “already planning to reach out to this family.”

“He is absolutely willing,” he said. “I assure you he wouldn’t have gone on television and said he was going to meet with them if he wasn’t going to do that.”

[…]

Amber Briggle has said that her son deserves to be more than a pawn in a “pissing match” between the state and federal government. And the Briggles, who attended a court hearing this month over the school guidelines, have extended multiple offers to Paxton to meet.

But it wasn’t until the KXAS-TV interview that the attorney general gave an affirmative answer.

It’s unclear when and where a meeting between Paxton and the Briggles would take place. But Amber Briggle took to Twitter on Tuesday to celebrate the apparent success, writing to Paxton that she “can’t wait for you to #meetmychild.”

Don’t give him too much credit just yet. For one thing, he hasn’t actually done or committed to doing anything just yet – “planning to reach out to this family” is the equivalent of “I’ll have my people call your people”, and it’s not like Ken Paxton is renowned for his honesty. And if he does follow through, one dinner with one family hardly balances out his litigious onslaught against the rights and dignity of transgender people. Frankly, I don’t expect anything to come out of this no matter how hospitable the Briggle family is or whatever scripted nice things he may have to say to the press after dessert. I don’t believe an un-compassionate, non-empathetic person like Ken Paxton has it in him to change. I’d love to be wrong, and I’ll be delighted to admit it if I am, but I ain’t gonna hold my breath in anticipation. All that said, he has at least agreed in principle to meet with this one transgender child, which puts him a step above the craven coward Dan Patrick. For what it’s worth. Texas Standard has more.