As reported in an ACLU press release, earlier this week a Texas state trial court in Jane Doe v. Abbott, (TX Dist. Ct., March 2, 2022), issued a temporary restraining order barring enforcement against the named plaintiffs of Texas Gov. Greg Abbott's order to investigate for child abuse parents who facilitate gender reassignment treatment for minors. (See prior posting.) The court said in part:
[T]he Court finds Plaintiffs will suffer irreparable injury unless Defendants are immediately restrained.... Jane Doe has been placed on administrative leave at work and is at risk of losing her job and ... Jane, John and Mary Doe face the imminent and ongoing deprivation of their constitutional rights, the potential loss of necessary medical care, and the stigma attached to being the subject of an unfounded child abuse investigation.... [I]f placed on the Child Abuse Registry, Jane Doe could lose the ability to practice her profession and both Jane and John Doe could lose their ability to work with minors and volunteer in their community.
The Court further finds that Plaintiff Mooney could face civil suit by patients for failing to treat them in accordance with professional standards and loss of licensure for failing to follow her professional ethics if she complies with Defendants’ orders and actions. If she does not comply with Defendants’ orders, Dr. Mooney could face immediate criminal prosecution, as set forth in the Governor’s letter.
The court set a temporary injunction hearing for March 11.
