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

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]

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.

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