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Texas judge halts abuse inquiries into parents of transgender children

“Judge Meachum’s ruling that the policy is likely unconstitutional & may not be enforced brings welcome relief to the parents & children”

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Texas Trans youth activists rally at state capitol building to protest ant-Trans laws summer of 202. (Photo Credit: ACL of Texas)

Travis County Texas District Court Judge, Amy Clark Meachum, ordered a preliminary statewide injunction Friday to block the Texas Department of Family and Protective Services (DFPS) from investigations of parents and families of Transgender youth.

Judge Meachum had granted a temporary restraining order on Wednesday to block the DFPS from investigating the plaintiffs of a lawsuit brought by Lambda Legal, the American Civil Liberties Union of Texas (ACLU of Texas), and the ACLU.

The court’s ruling stops the DFPS from investigating the parents named in the lawsuit because they are working with medical professionals to provide their adolescent child with medically necessary treatment.

The plaintiffs sought this emergency relief after Texas Gov. Greg Abbott issued a directive stating that providing gender-affirming care is a form of child abuse and DFPS announced they would follow the governor’s directive. The lawsuit names Abbott, DFPS Commissioner Jaime Masters, and DFPS as defendants. 

The lawsuit was filed on behalf of an employee of DFPS with a transgender child, her husband, and their transgender teen. According to the complaint, this family has had an investigator already arrive at their home. The family has filed the lawsuit anonymously. 

Friday Meachum ruled there was a “substantial likelihood” that the plaintiffs challenging the law would succeed as the case plays out, ruling Abbott’s order is “beyond the scope of his authority and unconstitutional” and the plaintiffs would be harmed if it was allowed to remain in effect, journalist Alison Durkee reported for Forbes magazine.

“Judge Meachum’s ruling from the bench that the Texas policy is likely unconstitutional and may not be enforced brings a welcome measure of relief to the parents and children whose lives have been thrown into cruel upheaval by this bizarre directive. The state is almost certain to seek an immediate appeal, but Judge Meachum’s carefully reasoned opinion and detailed, thorough findings will be difficult to reverse. This is a great day for families in Texas,” Shannon Minter, the Legal Director for the National Center for Lesbian Rights, (NCLR) told the Blade in a phone call immediately after the ruling was made public.

The directive, which Abbott issued to DFPS in February, calls for “prompt and thorough investigation[s] ” into parents of children who have received gender-affirming treatment, after state Attorney General Ken Paxton wrote a legal opinion equating the treatment to “child abuse.”

Dr. Megan Mooney, a licensed psychologist who is considered a mandatory reporter under Texas law and cannot comply with the governor’s directive without harming her clients and violating her ethical obligations, is also a plaintiff in the suit.

“The Trevor Project is relieved that the District Court of Travis County did the right thing and recognized the unlawfulness of the governor’s politically-motivated directive,” said Sam Ames, Director of Advocacy & Government Affairs for The Trevor Project. “While we hope Texas families can rest easier tonight, this fight is not over. No loving parent or ethical doctor should live in fear of doing the right thing by the transgender or nonbinary youth they care for. We will keep fighting with a broad coalition of partners in Texas until the day these investigations are terminated for good, and every young person, no matter their gender identity, knows they are safe, supported, and loved just the way they are.”

“This is a critical victory and important first step in stopping these egregious and illegal actions from Texas officials. We are relieved for our plaintiffs and ready to keep fighting to stop the governor, commissioner, and DFPS from inflicting further harm on trans people and their families and communities across Texas,” said Chase Strangio, deputy director for trans justice with the ACLU LGBTQ & HIV Project. “Transgender youth in Texas should be able to access lifesaving, medically necessary care with the support of their families and doctors. Attempts to cut off transgender adolescents from care will not make them any less trans but it will make them less likely to grow up at all.”

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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