- The Texas Supreme Court reversed an injunction that barred the state from conducting investigations into the use of gender-affirming care for transgender children.
- Still, the court found that Gov. Greg Abbott did not have the authority to order the investigations.
- Abbott ordered state's family services agency to conduct investigations in Feburary.
The Texas Supreme Court on Friday reversed an injunction that barred the state from conducting investigations into the use of gender-affirming care for transgender children as child abuse — even as it found that Texas Gov. Greg Abbott didn't have the authority to order the investigations in the first place.
The court found that neither Texas Attorney General Ken Paxton nor Gov. Greg Abbott could direct the state's Department of Family and Protective Services to conduct investigations into gender-transitioning procedures.
However, the Republican justices still allowed the investigations to move forward by throwing out a lower court ruling.
In its ruling, Texas' high court said, "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."
In Feburary, Abbott, a Republican, ordered state's family services agency to conduct investigations into parents of transgender children who with medical professionals to provide gender-affirming medical care.
The move came after after Paxton, also a Republican, issued a formal opinion stating that providing gender-affirming medical treatments like puberty blockers and gender-reassignment surgery to youth is "child abuse" under state law.
In a letter to the state's family services agency, Abbott cited Paxton's opinion, saying that "a number of so-called 'sex change' procedures constitute child abuse under existing Texas law."
Abbott noted in the letter that licensed professionals like doctors, nurses, and teachers may face criminal penalties "for failure to report such child abuse."
Following the order, the family of a 16-year-old transgender girl that was being investigated by the state brought a lawsuit against Texas. A judge in Austin later put Abbott's order on hold.
"Today's decision is a win for our clients and the rule of law," the American Civil Liberties Union, the ACLU of Texas and Lambda Legal said in a statement on Friday.
"The Texas Supreme Court made clear that the attorney general and governor do not have the authority to order DFPS to take any action against families that support their children by providing them with the highest standards of medical care," the group said.
Though the Texas Supreme Court ruled that the state's investigations into the use of gender-affirming care for transgender children could continue, it put the state's investigation into the family of the 16-year-old on hold.
They added, "The court rejected the attorney general's arguments that our lawsuit should be dismissed and affirmed that DFPS is not required to follow the governor's directive or the attorney general's non-binding opinion."
Paxton also viewed the ruling as a win.
"Just secured a win for families against the gender ideology of doctors, big pharma, clinics trying to 'trans' confused, innocent children," Paxton said in a tweet. "SCOTX green-lighted investigations that lower Dem courts froze 'Transing' kids through surgery/drugs is abuse & I'll do all I can to stop it
This story is developing. Please check back for updates.