Doe v. Abbott
What's at Stake
A family in Texas had a child welfare investigator arrive at their home due to a directive from Governor Greg Abbott stating that health care that is medically necessary for treating gender dysphoria should be considered a form of child abuse. This family — an employee of DFPS, her husband, and their transgender teen — sued Governor Abbott and the Texas Department of Family and Protective Services. Dr. Megan Mooney, a licensed psychologist who works with transgender youth and their families, also joined the lawsuit.
Summary
The lawsuit names Texas Governor Greg Abbott, DFPS Commissioner Jaime Masters, and DFPS as defendants. The lawsuit claims that these directives were issued without proper authority, in violation of the Texas Administrative Procedure Act, the separation-of-powers requirements of the Texas Constitution, and the constitutional rights of transgender youth and their parents.
In March, the district court for Travis County issued a temporary injunction blocking Abbott’s directive and DFPS’s new rule triggering investigations into essential medical care for transgender youth. In making that decision, the court found that defendants’ actions were causing irreparable harm and that plaintiffs were likely to succeed on their claims.
The Third Court of Appeals upheld the injunction and issued an order blocking defendants’ actions statewide. The Governor, Commissioner, and DFPS appealed that decision and sought interim relief from the Texas Supreme Court. On May 13, the Texas Supreme Court kept the injunction in place with regards to the Doe family and Dr. Mooney, but narrowed the scope of the appellate court’s injunction. The Supreme Court found that the appellate court did not have authority to issue “statewide” relief, while the court left undisturbed the lower courts’ findings that defendants’ actions were likely unlawful and caused irreparable harm.
While doctors and medical organizations have been providing gender-affirming care to youth, including transgender youth, for decades, it has increasingly become a target of attacks from state lawmakers. After Arkansas became the first state to pass a ban on gender-affirming care for trans youth last year, a federal court blocked the law from being enforced. Dozens of states have proposed similar bills to what became law in Arkansas — including some, like Alabama, that have proposed criminal penalties for providing gender-affirming care to youth — but Texas is the only state saying that providing this lifesaving care could lead to a child being removed from their family and placed in the foster care system.
This case is still on appeal before the Third Court of Appeals while the American Civil Liberties Union Jon L. Stryker and Slobodan Randjelović LGBTQ & HIV Project, the ACLU Women’s Rights Project, the ACLU of Texas, Lambda Legal, and the law firm of Baker Botts LLP also filed a second lawsuit challenging the Governor, Commissioner, and DFPS’s actions in PFLAG v. Abbott.
Legal Documents
-
07/10/2024
Petition for Review
Date Filed: 07/10/2024
Court: Texas State Supreme Court - 2024
Affiliate: Texas
Download Document-
05/13/2022
Opinion Regarding Petition for Writ of Mandamus -
03/23/2022
Petition for Writ of Mandamus -
-
03/30/2022
Response to Petition for Writ of Mandamus
Doe v. AbbottLegal DocumentsResponse to Petition for Writ of MandamusDate Filed: 03/30/2022
Court: Texas State Supreme Court - 2022
Affiliate: Texas
Download Document -
03/30/2022
Date Filed: 05/13/2022
Court: Texas State Supreme Court - 2022
Affiliate: Texas
Download DocumentDate Filed: 03/23/2022
Court: Texas State Supreme Court - 2022
Affiliate: Texas
Download Document-
03/29/2024
Judgment -
03/29/2024
Opinion -
07/25/2022
Amicus Briefs in Support of Appellees -
- Amicus Brief of Current and Former Prosecutors et al.
- Amicus Brief of Child Welfare Organizations
- Amicus Brief of Texas American Federation of Teachers et al.
- Amicus Brief of Current and Former Employees of Texas Department of Family and Protective Services
- Amicus Brief of Transgender Education Network of Texas et al.
- Amicus Brief of Texas Medical Association
- Amicus Brief of American Oversight
Doe v. AbbottLegal DocumentsAmicus Brief of Current and Former Prosecutors et al.Date Filed: 07/25/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDoe v. AbbottLegal DocumentsAmicus Brief of Child Welfare OrganizationsDate Filed: 08/25/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDoe v. AbbottLegal DocumentsAmicus Brief of Texas American Federation of Teachers et al.Date Filed: 08/25/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDoe v. AbbottLegal DocumentsAmicus Brief of Current and Former Employees of Texas Department of Family and Protective ServicesDate Filed: 08/25/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDoe v. AbbottLegal DocumentsAmicus Brief of Transgender Education Network of Texas et al.Date Filed: 08/25/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDoe v. AbbottLegal DocumentsAmicus Brief of Texas Medical AssociationDate Filed: 09/07/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDoe v. AbbottLegal DocumentsAmicus Brief of American OversightDate Filed: 11/30/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download Document -
07/05/2022
Appellees' Response Brief -
05/25/2022
Appellants' Opening Brief -
03/21/2022
Order Reinstating Injunction -
03/16/2022
Appellees' Emergency Motion for Temporary Injunctive Relief -
-
03/21/2022
Appellants' Response to Appellees' Emergency Motion for Temporary Injunctive Relief
Doe v. AbbottLegal DocumentsAppellants' Response to Appellees' Emergency Motion for Temporary Injunctive ReliefDate Filed: 03/21/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download Document -
03/21/2022
-
03/09/2022
Order Dismissing State's Appeal -
-
03/09/2022
Memo in Support of Dismissing State's Appeal
Doe v. AbbottLegal DocumentsMemo in Support of Dismissing State's AppealDate Filed: 03/09/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download Document -
03/09/2022
-
03/03/2022
Appellees' Emergency Motion to Dismiss Appeal -
-
03/03/2022
Appellants' Response in Opposition to Appellees' Motion to Dismiss Appeal
Doe v. AbbottLegal DocumentsAppellants' Response in Opposition to Appellees' Motion to Dismiss AppealDate Filed: 03/03/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download Document -
03/03/2022
Date Filed: 03/29/2024
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 03/29/2024
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 07/05/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 05/25/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 03/21/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 03/16/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 03/09/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download DocumentDate Filed: 03/03/2022
Court: Texas State Court of Appeals
Affiliate: Texas
Download Document-
03/12/2022
Defendant's Notice of Interlocutory Appeal of Order Granting Plaintiffs' Application for Temporary Injunction -
03/12/2022
Order Granting Plaintiffs' Application for Temporary Injunction -
03/02/2022
Defendants' Notice of Interlocutory Appeal of Order Granting Plaintiffs' Application for Temporary Restraining Order -
03/02/2022
Order Granting Plaintiffs' Application for Temporary Restraining Order -
03/02/2022
Defendants' Plea to the Jurisdiction -
03/01/2022
Plaintiffs' Petition and Application for Temporary Restraining Order, Temporary Injunction, Permanent Injunction, and Request for Declaratory Relief
Date Filed: 03/12/2022
Court: Texas State District Court
Affiliate: Texas
Download DocumentDate Filed: 03/12/2022
Court: Texas State District Court
Affiliate: Texas
Download DocumentDate Filed: 03/02/2022
Court: Texas State District Court
Affiliate: Texas
Download DocumentDate Filed: 03/02/2022
Court: Texas State District Court
Affiliate: Texas
Download DocumentDate Filed: 03/02/2022
Court: Texas State District Court
Affiliate: Texas
Download DocumentDate Filed: 03/01/2022
Court: Texas State District Court
Affiliate: Texas
Download DocumentPress Releases
Texas Appeals Court Upholds Rulings Blocking State from Investigating Trans Youth and Their Families
Texas Court Blocks State from Investigating Families of Transgender Youth
Texas Court Partially Blocks Gov. Abbott’s Anti-Trans Directive to Investigate Families
ACLU, Lambda Legal Sue to Block Texas From Investigating Parents Who Support Their Transgender Kids