Legal Advocates Urge Court to Permanently Protect PFLAG’s Members from Texas Attorney General’s Latest Attacks

By K Richardson June 10, 2024Categories: Featured, Legal, Press Releases, Youth Share this article:

For Immediate Release

June 10, 2024

Contact:

Tom Warnke, Lambda Legal, [email protected]

Kristi Gross, ACLU of Texas, [email protected]

Gillian Branstetter, ACLU, [email protected]

K Richardson, TLC, [email protected]

Austin, Texas

Today, on the 10th day of LGBTQ+ Pride Month, legal advocates defended the rights of transgender Texans and their families to live with dignity and respect. They urged the Travis County District Court to significantly limit the Texas Attorney General’s Office’s demands that PFLAG National turn over information and documents and to permanently enjoin the Office from accessing member identifying information and private communications through the demands.

“Every time a parent, family member or ally acts to help an LGBTQ+ loved one be authentically themselves, that’s when you see love take pride. The actions of the Texas Attorney General to silence PFLAG families with transgender loved ones fail—and will continue to fail—because our love is louder. PFLAG is proud to have another day in court to say—not just loud but on the record—that every transgender Texan deserves the freedom to thrive,” said Brian K. Bond (he/him), CEO of PFLAG National.

Lambda Legal, the American Civil Liberties Union of Texas, the ACLU, Transgender Law Center, and Arnold & Porter in March secured a temporary injunction (TI) on PFLAG National’s behalf while they pursued their challenge in court. Today, they asked the court to significantly modify the demands and to permanently block the Attorney General from accessing member-identifying information and private communications.

“In March, the court appreciated the burden that the threat of the Attorney General’s demands imposed on PFLAG National and its Texas members and quite properly concluded they warranted protection as we pursue our challenge in court,” said Karen Loewy (she/her), Senior Counsel and Director of Constitutional Law Practice, Lambda Legal. “Today, the fact remains that the Attorney General is engaging in an unconstitutional, overbroad, and unlawful application of Texas’ consumer protection laws, and must be stopped. Texas families need to know they can continue to support their transgender children without fear.”

“The Attorney General’s office acted well outside its powers to target PFLAG and the families they serve with an openly political and baseless investigation, said Elizabeth Gill, Senior Staff Attorney for the ACLU’s LGBTQ & HIV Project. “PFLAG National is being punished for their advocacy and their constitutionally protected speech and association. We urge the court to protect the organization and its members’ constitutional rights to free speech and association.”

“We were in court today to defend the constitutional rights of PFLAG National and its members to come together for support, advocacy, and community in their fight to protect transgender children,” said Chloe Kempf (she/her), Attorney with the ACLU of Texas. “All Texans and their families, no matter their gender, race, or background, must remain free to share ideas and associate together, without the threat of government retaliation and invasions of their privacy.”

“We will not be deterred by the unconstitutional actions of the Attorney General’s office, and today in Court, we continued to fight back,” said Milo Inglehart (he/him), Staff Attorney at Transgender Law Center. “PFLAG National and its members will not be silenced. All Texans deserve the freedom to be their authentic selves and find support and community without fear of unlawful investigations or retaliation from the state.”

On February 9, PFLAG National received civil demands from the Attorney General’s Office to turn over documents, communications, and information related to PFLAG National and the organization’s work helping families in Texas with transgender adolescents.

PFLAG National is a plaintiff in two lawsuits filed against restrictions on gender-affirming medical care for adolescents in Texas: one lawsuit Loe v. Texas, challenging SB 14, the state’s ban on gender-affirming medical care for minors, and PFLAG v. Abbott, challenging the Texas Department of Family and Protective Services’ (DFPS) rule mandating investigations of parents who work with medical professionals to provide their adolescent transgender children with medically necessary healthcare.

Lambda Legal, the American Civil Liberties Union of Texas, the ACLU, Transgender Law Center, and the law firm Arnold & Porter represent PFLAG, Inc. in this newly filed case.

For background on these cases and more information, visit the FAQ.

If you or someone you know needs mental health resources or support, please visit:

Transgender Education Network of Texas (TENT)
Trans Lifeline at (877) 565-8860
Trevor Project at 866-488-7386

For Immediate Release

June 13, 2024

Contact:

K Richardson, Communications Manager, [email protected]

Washington D.C.

The Transgender Law Center takes a moment to celebrate the Supreme Court’s opinion in FDA v Alliance for Hippocratic Medicine for its support to ensuring access to mifepristone to people of all genders across this country. We support our reproductive justice partners and advocates who have been working to secure access and autonomy in an increasingly divisive world where politically motivated attacks on the bodily autonomy of all people are at an all-time high.

In today’s unanimous decision by the Supreme Court, Justices have made it possible for safe and effective drugs, like mifepristone, to be available for people across the U.S.

This case, which was brought to the court by dark money-funded, far-right ideological groups, originated from a lawless decision by an anti-abortion, Trump-appointed district judge. Often funded by dark money groups, the Alliance for Hippocratic Medicine sought to overturn decisions made by the Food and Drug Administration (FDA) to increase access to mifepristone. This drug is used for almost two-thirds of all U.S. abortion services and has been available for over 20 years. Without access to mifepristone as one of the necessary medications for safe abortion care, the Court would risk the lives and safety of pregnant people across this country, particularly those who have historically been marginalized by deadly and restrictive state laws.

This Supreme Court decision comes at a time of unprecedented attacks on transgender care and reproductive justice. Communities are managing an ongoing pandemic, increased anti-trans violence, and lack of accessible and affordable care. Transgender people experience disproportionate amounts of discrimination when accessing medical care, and decisions like this highlight what little guardrails people have to receive the life-saving care they need. And while we don’t depend on the Courts to preserve our rights, we do need a reminder that there is still protection and support for our most marginalized people.

“Today, we pause and celebrate this decision alongside our movement partners,” said Shelby Chestnut, Executive Director of Transgender Law Center. “Whether we’re fighting for safe and affirming care or our rights to make our own decisions about our bodies, we must remember that our power lies in our collective response to oppressed people everywhere. Let us take this moment to acknowledge the hard work and commitment of advocates and continue to show up for all people who seek abortion care.”

“The truth is that while there is access to reproductive care, that is not the reality for many Black, Indigenous, disabled people,” said Mickaela Bradford, Co-Director of Policy and Programs at Transgender Law Center. “The threats of criminalization for access to mifepristone and even gender-affirming care is real for BIPOC trans people across this country. People risk financial stability and safety to seek our abortion services, with people in rural areas traveling across state lines for this life-saving care. We must continue to work diligently to ensure that everyone across races, genders, and locations can access the care we deserve to exercise our bodily autonomy.”

“Today’s Supreme Court’s decision to rule in favor of the Food and Drug Administration based on standing reminds us that justice isn’t simply about the merits of a case, but who has the right to bring cases like this to the court’s attention, said Heron Greenesmith, Deputy Director of Policy. “While we will have access to this safe and effective drug, we’ll continue to push for laws that do not restrict our ability to make our own medical decisions but create a world where our autonomy is respected and honored.”

2024-05-16

Victory! Court Dismisses Lawsuit Challenging California’s Transgender Prison Policy

By K Richardson May 16, 2024 Share this article:

For Immediate Release

May 16, 2024

Contact:

Tom Warnke, Lambda Legal, [email protected]

ACLU SoCal Communications and Media Advocacy, [email protected]

K Richardson, TLC, k@transgenderlawcenter.org

Civil and legal rights groups victorious in defending the Transgender Respect, Agency, and Dignity Act from an anti-transgender challenge

The U.S. District Court for the Eastern District of California on Tuesday dismissed a lawsuit filed by an anti-transgender group against the California Department of Corrections and Rehabilitation (CDCR) challenging SB132, the groundbreaking law protecting transgender people incarcerated in California.

Lambda Legal, Transgender Law Center (TLC), the ACLU Foundation of Southern California (ACLU SoCal), and O’Melveny & Myers had joined California’s request to dismiss the case on behalf of the Transgender Gender-Variant & Intersex Justice Project (TGI Justice Project) and four currently incarcerated trans women who won the right to intervene in the lawsuit in August 2023.

“We are relieved that the court saw through this legally flawed challenge, and rejected its distorted arguments,” said Lambda Legal Staff Attorney Nora Huppert. “In dismissing this challenge, the court recognized that California has an obligation to protect the safety of incarcerated transgender people.”

The lawsuit, Chandler v. CDCR, was filed by the Women’s Liberation Front (WoLF), an anti-trans organization based in Washington, DC, on behalf of three incarcerated cisgender women, and Woman II Woman, a California-based nonprofit. Woman II Woman was later dismissed from the lawsuit.

In this week’s decision, the court dismissed all of the remaining plaintiffs’ purported constitutional claims. The court noted that many of their alleged harms were speculative and it refuted their bizarre attempt to characterize transgender status as a religion. The decision includes a review of the history of SB 132, which was passed in 2020 to help address the epidemic of violence against transgender incarcerated people and their frequent relegation to torturous solitary confinement in the name of safety.

“SB 132 was an important harm reduction measure to improve safety and dignity for transgender Californians in our state prisons. The court was right to dismiss this baseless challenge to SB 132, and the state of California needs to stop dragging its feet on implementing the law,” said Amanda C. Goad, Audrey Irmas director of the ACLU SoCal’s LGBTQ, Gender & Reproductive Justice Project.

“CDCR’s men’s prisons are not a safe place for me,” said Katie Brown, one of the intervenors in the lawsuit, in a court filing. “As a transgender woman, I belong in a women’s facility. I deserve to be called by my correct name and pronouns. S.B. 132 seeks to protect these rights and affirm my dignity.”

“Californians of all backgrounds, races, and genders know that everyone deserves respect, dignity and to live free from discrimination.” said Shawn Thomas Meerkamper (they/them), Managing Attorney at Transgender Law Center. “The court saw this lawsuit for what it was and understood that SB 132 simply requires CDCR to live up to its independent obligation to keep all people safe and free from harm.”

Read the court’s ruling.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and policy work.

Transgender Law Center (TLC) is the largest national trans-led organization advocating self-determination for all people. Grounded in legal expertise and committed to racial justice, TLC employs a variety of community-driven strategies to keep transgender and gender nonconforming people alive, thriving, and fighting for liberation.

The ACLU Foundation of Southern California works to defend the civil liberties of all people as enshrined in the U.S. Constitution and the Bill of Rights through litigation, policy advocacy, media advocacy, and organizing.

2024-06-28

Texas Supreme Court Refuses to Block Law Banning Health Care for Texas Trans Youth

By K Richardson June 28, 2024 Share this article:

For Immediate Release

June 28, 2024

Contact:

K Richardson, Communications Manager, [email protected]

Austin, TX

The Texas Supreme Court today reversed a lower court ruling blocking enforcement of Senate Bill 14, permitting the anti-transgender law to remain in effect.

The law allows the State of Texas into decisions that properly lie with parents and their minor children, threatens the health and lives of Texas transgender youth, and penalizes physicians who provide the best standard of care for their transgender patients to remain in effect.

The court ruled against five Texas families with transgender youth, three medical providers, and two national organizational plaintiffs who filed the original challenge to SB14 in July, concluding that the law is constitutional and that the plaintiffs are powerless to challenge it.

“It is impossible to overstate the devastating impact of this cruel and arbitrary ruling on Texas transgender youth and the families that love and support them,” said Karen Loewy, Senior Counsel and Director of Constitutional Law Practice, Lambda Legal. “Instead of leaving medical decisions concerning minor children where they belong, with their parents and their doctors, the Court here has elected to let politicians – in blatant disregard for the overwhelming medical consensus – determine the allowed course of treatment, threatening the health and the very lives of Texas transgender youth. We will continue to fight measures like SB14. These youth and their families deserve no less.”

“This decision by the Texas Supreme Court allows the suffering caused by S.B. 14 to continue across the state,” said Ash Hall (they/them), policy and advocacy strategist for LGBTQIA+ rights at ACLU of Texas. “Our government shouldn’t deprive trans youth of the health care that they need to survive and thrive — while offering that exact same health care to everyone else. Texas politicians’ obsession with attacking trans kids and their families is needlessly cruel. We will not back down until our trans youth have the health care they deserve and our state is a welcoming place to all.”

“The court’s decision to reject safe and affirming care will have lasting impacts on all people in Texas,” said Lynly Egyes (she/her), Legal Director at Transgender Law Center. “S.B. 14 goes against trusted medical advice and is a strain on transgender youth, their families who love them, and the providers who support them. All Texans, no matter what they look like or the neighborhood they live in, should know that we will continue to work alongside our partners to fight for the rights of trans-Texans and their families.”

“The Texas Supreme Court got it wrong today by ruling against families, against doctors, and against Texas’s future: our kids. Every Texan, transgender or not, deserves the freedom to access the healthcare they need when they need it,” said Brian K. Bond (he/him), CEO of PFLAG National. “To transgender Texans of all ages, PFLAG has your back. We’re going to continue to fight to ensure you are safe, celebrated, affirmed and loved.”

“We are profoundly disappointed by the Texas Supreme Court’s decision to uphold a ban rooted in prejudice and discrimination against trans youth,” said Alex Sheldon (they/them), GLMA Executive Director. “This ruling not only endangers the lives of these vulnerable individuals but also dismisses significant medical evidence supporting their care. Today, the trans community was abandoned by the very institutions designed to protect them, and health professionals were denied their ability to to perform their duties based on the best scientific evidence available, free from political interference. This fight is far from over. We will continue to challenge unjust measures like S.B. 14 and to defend the rights of all trans youth to access the essential care they need and deserve.”

Senate Bill 14 bans necessary and life-saving medical care in Texas for the treatment of gender dysphoria for transgender youth and requires the Texas Medical Board to revoke the medical licenses of physicians who provide the best standard of care to their transgender patients.

In July 2023, Lambda Legal, the American Civil Liberties Union of Texas, ACLU National, Transgender Law Center, and the pro bono law firms of Scott Douglass & McConnico LLP, and Arnold & Porter Kaye Scholer, LLP, sued to block enforcement of the ban on behalf of five families with transgender children, and two national organizational plaintiffs, PFLAG and GLMA. In August, Travis County District Court granted a temporary injunction to pause enforcement of the ban, however, the state defendants appealed directly to the state Supreme Court, and the law went into effect on September 1.

The five Texas families with transgender children and teenagers challenging this law come from diverse backgrounds and live across the state. The bill’s passage had resulted in families splitting up or planning to travel out of Texas to continue medically necessary treatments for their children. The families are suing pseudonymously to protect themselves and their children, who are transgender Texans between the ages of 10 and 17.

The medical provider plaintiffs work for a large Texas children’s hospital and had been forced to stop providing treatments they know are medically necessary for their transgender patients or risk losing their medical licenses.

Plaintiff PFLAG National is the nation’s first and largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them. Plaintiff GLMA is the oldest and largest association of LGBTQ+ and allied health professionals, including those who treat LGBTQ+ patients.

Today’s ruling from the Supreme Court of Texas (PDF).

2024-06-27

Transgender Law Center Affirms The Right To Abortion For All Following The Supreme Court Decision In Moyle V United States

By K Richardson June 27, 2024Categories: Featured, Health, Movement Building, Policy, Press Releases Share this article:

For Immediate Release

June 27, 2024

Contact:

K Richardson, Communications Manager, [email protected]

Washington D.C.

Transgender Law Center takes a moment to pause and acknowledge the Supreme Court’s decision in Moyle v. United States, which will, at least temporarily, allow access to emergency room abortion care for people of all genders. We support our reproductive justice partners and advocates who have been working to secure access and autonomy in an increasingly divisive world where politically motivated attacks on the bodily autonomy of all people are at an all-time high.

In today’s Supreme Court ruling, Justices have made the decision to dismiss this case without resolving the central conflict between Idaho’s state abortion ban and federal directives such as the Emergency Medical Treatment and Active Labor Act (EMTALA). In so doing, today, the court only provides temporary reprieve for those who need emergency care. As Justice Jackson states in her partial dissent, “Today’s decision is not a victory for pregnant patients in Idaho. It is a delay.”

While emergency abortions can now continue in the state, today’s decision allows extremist judges on lower courts to continue to play politics with our health and well-being. The decision also leaves the door open for states to continue to enact harmful policies that violate our rights under federal law. Though the court left many questions unanswered, regardless of where we live, our races, or our ability to pay, people across this country can enter emergency rooms knowing that the doctor will work to keep them alive.

This case was brought by a group of anti-choice medical providers who sought to ensure they would not provide supportive and stabilizing care in the event a person needed abortion services. EMTALA has been utilized in emergency rooms for over 35 years. Upholding this law will have immediate and long-lasting impacts on all people of all genders across this country.

Pregnant people, regardless of their genders, races, or ability to pay, will be able to use emergency services without fear of mistreatment or providers who put their personal ideologies ahead of patient care.

“Today, people of all genders can take a moment to breathe a sigh of relief,” said Shelby Chestnut, Executive Director of Transgender Law Center. “Across this country, we’ve witnessed extremist politicians attempt to further restrict people’s access to life-saving medical care. While this may not be the victory we hoped for, we’re thankful our communities will continue to have access to the care they need and can more safely navigate medical emergencies. We will continue to support efforts to fight for a world where we can all have what we need to thrive.”

“All of us across this country deserve the safe, affirming medical care in their time of need,” said Mickaela Bradford, Co-Director of Policy and Programs at Transgender Law Center “Politicians should not create situations where a person’s life is at risk because they do not support the specific care needed—it is cruel and dehumanizing. We are grateful that medical providers can continue to support people seeking emergency care who need immediate relief to receive life-saving interventions required to stabilize them. We are grateful that no one will be turned away in their time of need.”

“EMTALA embodies the principle that access to emergency medical care is not just a matter of healthcare policy but a fundamental civil right,” said Heron Greenesmith, Deputy Director of Policy at Transgender Law Center. “By guaranteeing equal treatment for all, regardless of genders, races, or economic ability, EMTALA ensures that no one is left behind in their time of need. This act is a testament to the belief that everyone deserves dignity, respect, and access to lifesaving care.”