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Fri May 13, 2022, 12:06 PM

Top Texas Court Allows Abuse Inquiries of Parents of Transgender Children

Source: New York Times

HOUSTON — The Texas Supreme Court ruled on Friday that investigations of parents with transgender children for possible child abuse could continue, after an emergency appeal by state officials including Gov. Greg Abbott. The ruling reversed an appeals court decision that had temporarily halted the inquiries statewide. But the court said that officials could not resume the investigation into the plaintiffs that had brought the lawsuit, a family and a doctor, acknowledging that the inquiry would cause “irreparable harm” and leaving in place the injunction as their case proceeds to trial.

In its 12-page opinion, the court found that the appeals court had “abused its discretion” in issuing a statewide order at this point the legal process. The investigations began in February after Mr. Abbott ordered state officials to consider certain medically accepted treatments for transgender youth to be abuse, including hormones or puberty-suppressing drugs. The ruling on Friday came in response to a legal challenge brought by the parents of a 16-year-old transgender girl. The family was among the first to be investigated by the state’s Department of Family and Protective Services under Mr. Abbott’s order. Several other investigations have since come to light.

In March, a district judge, Amy Clark Meachum in Travis County, ordered all such investigations to stop, pending a trial. She found that the governor’s order had been improperly adopted and violated the State Constitution. An appeals court allowed the temporary injunction to remain in place. Mr. Abbott, along with the state’s attorney general, Ken Paxton, brought the case to the Texas Supreme Court, arguing that the investigations, on their own, were not an “injury” and that the district court had overstepped its authority in preventing them. All nine members of the state’s highest court are Republican; five were appointed by Mr. Abbott.

The court found that Mr. Abbott and Mr. Paxton could not in fact require certain kinds of investigations by the Department of Family and Protective Services, finding that the agency had discretion over how it conducts its abuse inquiries. “Neither the Governor nor the Attorney General has statutory authority to directly control” the department’s investigatory decisions, wrote Justice Jimmy Blacklock, who was appointed by Mr. Abbott in 2018. “Just as the governor lacks authority to issue a binding ‘directive’ to DFPS, the court of appeals lacks authority to afford statewide relief to nonparties,” wrote Justice Blacklock.

Read more: https://www.nytimes.com/2022/05/13/us/texas-supreme-court-abuse-transgender-children.html

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Arrow 22 replies Author Time Post
Reply Top Texas Court Allows Abuse Inquiries of Parents of Transgender Children (Original post)
BumRushDaShow Friday OP
jimfields33 Friday #1
ashredux Friday #3
newdayneeded Friday #6
paleotn Friday #9
Withywindle Saturday #15
WhiskeyGrinder Saturday #17
Initech Friday #2
area51 Friday #13
bucolic_frolic Friday #4
patphil Friday #5
ananda Friday #7
cab67 Friday #8
2live is 2fly Sunday #20
paleotn Friday #10
Withywindle Saturday #16
paleotn Saturday #18
Skittles Sunday #22
Yo_Mama_Been_Loggin Friday #11
BumRushDaShow Friday #12
EndlessWire Saturday #14
Initech Saturday #19
Solly Mack Sunday #21

Response to BumRushDaShow (Original post)

Fri May 13, 2022, 12:09 PM

1. If there is abuse, investigate. I don't care what the family dynamic is.

Abuse is a horrible thing for any child. It follows them forever.

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Response to jimfields33 (Reply #1)

Fri May 13, 2022, 12:27 PM

3. The problem is, Abbott is making something an "abuse" that is not such

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Response to jimfields33 (Reply #1)

Fri May 13, 2022, 01:21 PM

6. I suspect

They're coming at it in a "we think you forced your son to wear dresses" attitude.

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Response to jimfields33 (Reply #1)

Fri May 13, 2022, 07:10 PM

9. You do realize this isn't about "abuse".

At least not in the manner it's being batted about by the Tejas governor who's name I will not justify by using.

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Response to jimfields33 (Reply #1)

Sat May 14, 2022, 05:34 AM

15. This is about giving abusive parents carte blanche to abuse their LGBTQ kids

There was a brief window in time when LGBTQ kids had a chance to talk to adults other than their homophobic parents and get some support, in red-state schools.

This is aimed at shutting even those narrow escape routes down. LGBTQ youth are at high suicide rates, and most of their abusers are their own parents. They desperately need a way to find adults who can speak to them frankly about how to get out of those abusive homes and live freely as they are.

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Response to jimfields33 (Reply #1)

Sat May 14, 2022, 08:17 AM

17. The issue here is that Abbott ordered state officials to consider medical treatments for transgender

kids to be abuse. It's not abuse.

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 12:27 PM

2. This is some straight up Nazi shit.

Fuck Greg Abbott and Ken Paxton to the highest circle of hell. What pieces of absolute shit. And fuck Fox News too for bringing this on.

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Response to Initech (Reply #2)

Fri May 13, 2022, 10:12 PM

13. +1 n/t

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 01:05 PM

4. Staunch defenders of family using government to disrupt families

because they don't like the parenting decisions of these families

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 01:19 PM

5. Apparently child abuse is whatever they want it to be.

Singling out parents of children who may be transgender and accusing their attempts to deal with the situation as child abuse will just drive another group of families out of Texas...which is exactly what Abbott wants.
It's like saying that homosexuals are all pedophiles, or that illegal aliens coming across the Texas/Mexico border are all drug dealers or rapists, or that anyone who aborts a fetus is a murderer.
What Abbott and Paxton are doing is all evil shit.

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 03:41 PM

7. This is SO wrong.

i despair of this whole society.

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 07:09 PM

8. sooner or later...

...this shit is going to hit Texas in its tax base.

I would imagine some companies that would otherwise be lured to Texas are reconsidering such a move. Why would they do that, when they'd lose a bunch of employees who don't want to relocate to Texas?

At some point, companies are going to actually leave Texas, if only to keep highly qualified workers on board. If they keep losing employees to competitors not located in a medieval shithole - which, this UT-Austin alum is sorry to say, Texas is rapidly becoming - it'll be in their best business interest to move.

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Response to cab67 (Reply #8)

Sun May 15, 2022, 07:45 PM

20. I think Elon Musk is moving his car company to TX, something about

not liking Gavin Newsom, trying to save his life OR THE LIVES OF OTHER (Liberal) CALIFORNIA CITIZENS during the pandemic!

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 07:14 PM

10. What's it going to take for reasonable people...

to start leaving Texas in droves?

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Response to paleotn (Reply #10)

Sat May 14, 2022, 05:43 AM

16. Why should they have to?

I'm old-school. Howard Dean FIFTY STATE STRATEGY. We do not write off any state.

We need to support people in the shittiest states who are fighting against gerrymandering, which has lead to Repugs taking over state legislatures even though they are not in the real majority, which has been going on for decades, and there is a real issue with ignoring that because it doesn't make the news.

We REALLY need to support vulnerable populations, like trans people and immigrants and anyone who could possibly get pregnant, in states where they are most in danger. With money. I don't donate to politicians anymore, I donate to organizations that help the people most in need.

We need to mobilize people on the local level for local elections.

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Response to Withywindle (Reply #16)

Sat May 14, 2022, 09:03 AM

18. A noble cause....

We do need to support vulnerable populations behind the political iron curtain. But political change is dependent far more on demographics than anything Dems can do conventionally today. Dean's strategy simply won't work in the land of maga. The recalcitrant must be either diluted by transplants from blue states, immigration and / or wait for them to die off. And Abbott's draconian legislation is making that even more difficult. I place far more hope in those under 30. My own demographic is a complete write off. They're beyond hopeless.

Examples.....If it weren't for the growth and demographic change in its northern counties, VA would still be red. The Valley, the Richmond ex-burbs and rural areas are still ruby red and that isn't changing anytime soon.

Georgia moving purple was contingent on growth of Atlanta metro, period. That's where Stacy Abrams found an organizing "sweet spot". It has nothing to do with people changing their minds politically in Macon, Dalton or Columbus.

North Carolina's politics is likewise dependent on growth and demographic change in Charlotte, Raleigh-Durham and the Triad.

In Texas, until the big 4 outweigh the white ex-burb and rural vote, TX will not change. White, religious, conservo-nuts will not change. They won't. In fact, they're digging in deeper and becoming far more radicalized. I wouldn't move there if my life depended on it. No more than I'd move to North Korea. By the time it shifts due to immigration, migration and population turnover, I'll be too old to move anyway. But by then, climate change, driving in part by right wing recalcitrance, will make it nearly uninhabitable.

Otherwise, you're trying to mobilize fence posts. Worse yet, evil fenceposts bent on screwing themselves by voting so far outside their own self interests it beggars belief. But mobilize all you like in MS, SC, KY, TN, OK, MO, KS, IA and on and on behind the red curtain. It will frustrate the hell out of you and no matter how much good sense you make, no matter how appealing, logical and moral your arguments, they'll still believe in their hearts that your nothing but a godless, commie

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Response to paleotn (Reply #10)

Sun May 15, 2022, 11:57 PM

22. better yet, VOTE FOR DEMOCRATS

STAY AND FIGHT

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Response to BumRushDaShow (Original post)

Fri May 13, 2022, 08:24 PM

11. Curious

Texas high court says governor cannot order transgender child investigations

LUBBOCK, Texas (Reuters) - The Texas Supreme Court on Friday ruled that neither Governor Greg Abbott nor the state's attorney general had the authority to order child abuse investigations of families that provide certain medical treatment for their transgender children.

n its ruling, the top court said the state could not investigate the family of a 16-year-old transgender child at the center of the case while the family's lawsuit was pending before lower courts.

The court did not go so far as to order a blanket ban on all such investigations, saying a decision on carrying out inquiries was up to the Department for Family and Protective Services (DFPS).

"The Governor and the Attorney General were certainly well within their rights to state their legal and policy views on this topic, but DFPS was not compelled by law to follow them," the court wrote in its ruling.

https://www.msn.com/en-us/news/us/texas-high-court-says-governor-cannot-order-transgender-child-investigations/ar-AAXfpfx

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Response to Yo_Mama_Been_Loggin (Reply #11)

Fri May 13, 2022, 08:35 PM

12. I think the key part is this (from your link and the OP)

“Neither the Governor nor the Attorney General has statutory authority to directly control” the department’s investigatory decisions


Meaning that the DFPS would be the sole entity permitted to make the decision to carry out this type of inquiry...or not. No other "authority" like the Governor can "order" or "compel" it or "stop" it.

They seemed to try to figure out how to do the headlines and got twisted up doing it.

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Response to BumRushDaShow (Original post)

Sat May 14, 2022, 01:42 AM

14. This is just sickening.

They don't care about kids. They care about how they appear to others who are homophobic (and I'm not saying that transgender means gay). They don't care what harm they cause to families who are caring for their child as responsible adults would do.

Isn't there some other thing they could be doing, like keeping the lights on, or something? What a waste of time. Investigating parents for alleged child abuse is reprehensible. Having that record, right or wrong, is traumatizing. Shame on them.

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Response to EndlessWire (Reply #14)

Sat May 14, 2022, 03:49 PM

19. What's even more bizarre is not that they don't care about kids.

But that they're convinced that what they are doing is right for kids. This mindset is truly frightening and I fear for children that have to live with parents like that.

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Response to BumRushDaShow (Original post)

Sun May 15, 2022, 10:27 PM

21. The state, the state being Abbott and Paxton, as well as those who support and enable this horrific

law, are the only ones abusing anyone.

They are cruel, vile, and vicious people.

They are labeling love and support for a transgender child as abuse.





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