FIGHTING Back

The fight at the Texas State Capitol continues

Interfaith, bipartisan group launches ‘Overturn the Order’ campaign

TAMMYE NASH | Managing Editor
nash@dallasvoice.com

The Texas Department of Family and Protective Services has launched investigations into at least 13 Texas families for providing gender-affirming healthcare to their transgender children since Feb. 22, 2022, when Gov. Greg Abbott issued a directive to the state’s Department of Family and Protective Services to investigate such families for abuse.

At least some of those investigations are on hold following temporary restraining orders issued in two separate lawsuits challenging Abbott’s order, but the Texas State Supreme Court has ruled that investigations into families not party to those lawsuits are not protected by the TROs.

On Jan. 2, eight days before the Texas Legislature is due to start its 2023 session, an “interfaith, bipartisan grassroots group” based in Austin launched its “Overturn the Order” campaign, an effort to get Abbott to rescind his order, which was based on a legal opinion from Texas Attorney General Ken Paxton that has since been widely discredited by legal experts.

Abbott’s order “is hurting too many vulnerable Texans, both families with transgender children and those children who are in truly unsafe homes,” noted a press release announcing the launch of the campaign. The press release notes that the order “continues to result in untold numbers of families being forced to leave the state rather than risk having their children removed from their homes or face the trauma of an invasive investigation.”

Overturn The Order is organizationally supported as a program of St. Andrew’s Presbyterian Church in Austin, according to the press release. The Rev. Jim Rigby, pastor at St. Andrew’s, said the purpose of the campaign is to bring “people of good conscience together to encourage the governor to reconsider and rescind this harmful order. We will continue to pray for the governor and the impacted families and children. At the same time, we will respectfully mobilize as many people as possible to request that Gov. Abbott recognize the pain and damage associated with this order and overturn it.”

Destiny Olson, an Overturn the Order volunteer and parent of a transgender person, said since Abbott issued the order, “families like mine have been agonizing over whether to leave their homes rather than risk having their children taken away from them.”

She continued, “Intimidating Texas families with the threat of these investigations and potentially removing their children from their home is an unbelievably cruel thing to do. It is unacceptable that parents are being treated like criminals for getting the medically recommended therapy and healthcare for their children with gender dysphoria.

“My child is, thankfully, a healthy adult now. Some families at risk are understandably afraid to speak up for fear of losing their children. That’s why it’s so important that the rest of us stand up and speak out for these families.”

Morgan Davis, a former DFPS investigator who also volunteers with Overturn the Order, stressed that the agency tasked with protecting the safety of Texas children is already overworked and understaffed, and having to handle these unwarranted investigations is making the situation worse.

“I can tell you there aren’t nearly enough resources for us to respond to every call as rapidly as needed, so when these completely unnecessary reports come in, it leaves children who are living in truly unsafe situations at continued risk,” Davis said. “The families affected by this order are simply trying to ensure their children have access to the gender-affirming care they need and that is often lifesaving. Unnecessarily investigating these families is not only traumatizing to them, but this order also takes away support from children truly in need.”

According to the Overturn the Order website — overturntheorder.com — there were more than 2,300 resignations at DFPS in 2022, many if not most of those caused by the order that “unnecessarily and unethically” forces DFPS workers to investigate families with transgender kids.

“Taking away resources from Texas children who are experiencing real child abuse is truly dangerous and can have tragic consequences,” the website declares.

The press release announcing the new effort noted that Abbott’s order “stands in stark contrast to the major medical organizations that support gender-affirming care, including the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American Medical Association, the Endocrine Society, the American Psychological Association and the American Psychiatric Association.”

The Overturn the Order website says Abbott’s order is forcing “mandatory reporters of child abuse such as doctors, nurses, teachers, medical and professionals” and others to “violate their professional ethics by reporting these families to DFPS and has forced physicians to stop treatment they know is medically necessary.

“This has been especially devasting to professionals who know just how loving these families are and that they are following the best medical care recommended to keep their transgender kids safe,” the website notes.

Anyone interested in volunteering with or donating to Overturn the Order can do so at the website.

The first of the two lawsuits challenging Abbott’s order, Doe v. Abbott, was filed March 1, with “Jane and John Doe,” their transgender daughter “Mary Doe” and licensed psychologist Dr. Megan Mooney as plaintiffs, with Lambda Legal, ACLU, ACLU of Texas and the law firm Baker Botts LLP representing them. Defendants in that case are Abbott, DFPS Commissioner Jaime Masters and DFPS.

The lawsuit claims that Abbott issued his order “without proper authority and 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,” according to the ACLU website.

A Travis County district court issued a TRO suspending Abbott’s order in March, and the Third Court of Appeals upheld the TRO. However, on May 13, the Texas State Supreme Court issued a ruling that left the TRO in place for the named plaintiffs in the suit but said the appellate court did not have authority to issue “statewide” relief.

Lambda Legal, ACLU, ACLU of Texas and Baker Botts filed a second lawsuit on June 8 on behalf of plaintiffs “PFLAG, Inc., Mirabel Voe, individually and as parent and next friend of Antonio Voe, Wanda Roe, individually and as parent and next friend of Tommy Roe, Adam Briggle and Amber Briggle, individually and as parents and next friends of M.B.”

The Travis County District Court on July 8 granted a temporary injunction blocking DFPS and the commissioner from continuing to investigate the Voe and Roe families. And on Sept. 16, the same court granted a temporary injunction on behalf of PFLAG and the Briggles, blocking DFPS and the commissioner from “investigating members of PFLAG, including but not limited to plaintiff families, for possible child abuse or neglect solely based on allegations that they have a minor child who is gender transitioning or alleged to be receiving or being prescribed medical treatment for gender dysphoria.”

These injunctions remain in effect, but the state is appealing them.