Lambda Legal and the American Civil Liberties Union of Texas called the ruling “a win for our clients and the rule of law,” while AG Ken Paxton also framed this ruling as a win. Story by TexasTribune.
In February, Paxton issued a nonbinding legal opinion that equated certain medical treatments and procedures for transgender teens with child abuse. Abbott, citing that opinion, thento DFPS directing the agency to investigate parents who provided gender-affirming care to their transgender children.
The ruling does note the myriad “informal mechanisms” through which elected officials can influence a state agency, but “ultimately, however, one department or another has the final say.” He then petitioned the Supreme Court of Texas to review that appeal. In Friday’s ruling, the high court agreed with Paxton that the appeals court overstepped — while the appeals court can reinstate an injunction if it “preserves the parties’ rights,” they cannot reinstate a temporary injunction of any nature.
“This ruling reaffirms that [DFPS Commissioner Jaime Masters] acted improperly when she acknowledged the directive and said they would follow it,” he said. “She was abdicating her responsibilities as commissioner to a political stunt that has no legal authority.”
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