An Austin appellate court upheld two lower court injunctions on March 29 that blocked the Department of Family and Protective Services from investigating families who provided gender-affirming care to their children.

“In addition to their right to be free from an unlawful government investigation, the families of transgender children have the fundamental right to direct their children’s medical care without fear that they will be investigated and their children have the right to receive that medical treatment,” Justice Gisela Triana said in the decision. 

In February 2022, Gov. Greg Abbott directed the DFPS to conduct investigations into “reported instances of Texas children being subjected to abusive gender-transitioning procedures,” according to a press release.

In his letter to the DFPS from 2022, Abbott said Texas law requires licensed professionals, such as teachers and doctors, to report instances of “such abuse,” and the DFPS has a duty to investigate parents of children who received gender-affirming care. 

LGBTQ+ advocacy group PFLAG filed a lawsuit in 2022 against the governor and the DFPS demanding state investigations into families affiliated with PFLAG be blocked. 

The recent ruling bars the DFPS from investigating families solely upon allegations that they are providing gender-affirming care to their kids, according to PFLAG’s press release. It also prevents the DFPS from taking further action in any open cases except to close them. 

“Texas PFLAG families are grateful that the court has once again recognized the harm caused by investigating parents for affirming and loving their transgender kids,” PFLAG National CEO Brian K. Bond said in the press release. “PFLAG National and our members and supporters will continue leading with love, just as we’ve done for the last 51 years because when courageous love takes action, our families are stronger, our communities are safer and our LGBTQ+ loved ones across races, places, and genders thrive.”