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Morning Briefing

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Thursday, Mar 10 2022

Full Issue

Court Supports Parents Of Trans Child In Texas 'Abuse' Case

Though Texan authorities wanted to investigate the parents under a punitive plan by Gov. Greg Abbott, an appeals court upheld an earlier ruling blocking the investigation. Federal action over Texas' efforts is also expected to play out in the courts. In Idaho, lawmakers are trying an even more restrictive law, punishing parents seeking out-of-state transgender youth treatment.

The lawsuit stems fromĀ a nonbinding opinion Paxton issued last monthĀ interpreting state law to define certainĀ gender-affirming medical treatments as ā€œchild abuse.ā€Ā Based his opinion,Ā Gov. Greg Abbott then directed child protective servicesĀ and other agenciesĀ to investigate reports of minors receiving these treatments. At least three families with transgender children have been visited by CPS agents since the order went out. On March 1, the state employee and a Houston psychologistĀ sued to block the directiveĀ with the backing of the ACLU of Texas and Lambda Legal. Travis County District Court Judge Amy Clark Meachum granted their request to temporarily halt implementation of the directive, which applied just to the plaintiffs, the next day. (McGaughy, 3/9)

Texas Attorney General Ken Paxton announced Wednesday he is suing the Biden administration over guidance from federal health officials that conflicts with his legal opinion that gender affirming procedures in children should be considered "child abuse." Paxton's February legal opinion -- which was seen by many as an attack on transgender children -- prompted Texas Gov. Greg Abbott to direct the state's Department of Family and Protective Services to investigate instances of those procedures. (Rose and Maxouris, 3/9)

The administration has just two options to stop Texas from investigating families for child abuse if they are suspected of seeking gender-affirming care for transgender children—pulling federal health funding or suing the state. Attorneys say both options are likely being discussed at the Departments of Justice and Health and Human Services, especially in light of strong statements and guidance opposing the state’s actions by President Joe Biden and his agencies March 2. (Stein, 3/10)

In related news from Idaho —

The Idaho House of Representatives on Tuesday passed legislation to make it a crime punishable by life in prison for a parent to seek out gender-affirming health care for their transgender child. The bill is among 29 pieces of Republican-backed legislation nationwide proposed so far this year to curtail health care for transgender youth, and it coincides with dozens of additional bills seeking to limit what can be discussed about gender identity and sexual orientation in schools and restrict transgender athletes in school sports.Ā (Kingkade, 3/9)

More on Texas' fight against transgender health care —

L., a mom who lives in Austin, Texas, said she was excited and relieved when her transgender son turned 18 last month, because ā€œhe made it.ā€Ā Her son attempted suicide multiple times, she explained, first when he was just 9 years old. After he came out as trans and started wearing different clothing and using male pronouns, she said she heard him laugh for the first time in a long time. Now, he’s going to college in another state, and L., whose lawyer recommended she go by an initial instead of her full name to protect her family's privacy, thought her family was safe. (Yurcaba, 3/9)

Thousands have remained in the shadows after Gov. Greg Abbott’s directive calling for parents of transgender youth to be investigated for child abuse if they support medical interventions. But one Dallas-area family is speaking out against what they called ā€œstate terrorism.ā€ The statement by Amber and Adam Briggle, provided by their lawyer, tells the story of how the couple’s lives have been turned upside down after their family became a target of Texas’ Child Protective Services. The couple and their transgender son have been politically active in recent years, showing up at the Capitol to dissuade lawmakers from passing bills that target children like him. (Goldenstein, 3/8)

In 2016, when Texas tried to stop transgender students from using the bathroom of their choice, there were protests, press conferences and a whole lot of anger directed toward the state’s elected officials. But one mom tried something different — she invited Attorney General Ken Paxton to have dinner at her house with her 8-year-old transgender son. Amber Briggle told The 19th recently that Paxton and her son washed up together in the bathroom before dinner. ā€œHe turns around and looks and says, ā€˜This is nice. It’s been a while since I had kids this age,ā€™ā€ Briggle told The 19th. More than five years later, Paxton has helped set in motion a targeting of families with trans kids unlike anything experts or lawyers say they’ve ever seen — and the Briggles are now caught in the crosshairs. (Klibanoff, 3/8)

Gov. Greg Abbott sparked a national uproar last month when he authorized child-abuse investigations into families that allow transgender kids to receive gender-affirming care. But the political momentum toward the move had been building for months, after the failure at the Legislature of a bill to block such treatments for kids paved the way for executive action amid a competitive primary season. Along the way, the issue emerged as a new litmus test for Texas Republicans. The issue is no longer contained to just the party’s fringes — and it is unlikely to go away any time soon as the national fervor grows, Abbott’s directive faces legal challenges and it factors prominently into a slew of GOP primary runoffs. (Svitek, 3/9)

Republicans surveyed by the left-leaning polling firm Data for Progress are nearly evenly split on whether the government should prevent transgender youth from accessing gender-affirming care.Ā The national polling data, shared exclusively with The 19th, suggests that GOP voters are not nearly as supportive of anti-trans bills being pushed by Republican state lawmakers across the country as some Republican politicians may want to believe. The data also carries significance for trans Republicans who spoke with The 19th about running in their local elections.Ā (Rummler, 3/9)

And Disney World weighs in on Florida "Don't Say Gay" law —

The Walt Disney Company has now come out against Florida's Parental Rights In Education bill. The so-called 'Don't Say Gay' bill was passed by Florida's House and Senate and is headed to Gov. Ron DeSantis' desk. The bill would limit discussions of sexual orientation and gender identity in schools. In recent days, Disney employees shared their outrage on social media when the company did not denounce the proposed legislation. On Wednesday, at Disney's annual meeting with shareholders, Disney CEO Bob Chapek acknowledged their anger, saying that he knows "many are upset that we didn't speak out against the bill." (Blair, 3/8)

Walt Disney Co.’s CEO told shareholders on Wednesday that Gov. Ron DeSantis agreed to meet with him to discuss Florida’s ā€œDon’t Say Gayā€ parental rights bill amid widespread condemnation of the controversial measure. Bob Chapek, the head of the California-based Walt Disney corporation, said he called DeSantis expressing ā€œdisappointment and concernā€ over the legislation and that the Republican governor agreed to meet with him and LGBTQ company leaders over the impact the bill could have, according to a readout of Chapek’s comments provided to POLITICO by Disney. (Atterbury, 3/9)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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