PFLAG sues Texas to protect transgender members
February 29, 2024 12:34 PM   Subscribe

From Erin Reed's newsletter: In a legal filing Thursday, PFLAG National sought to block a new demand from Texas Attorney General Ken Paxton that would require the organization to identify its Texas transgender members, doctors who work with them, and contingency plans for anti-transgender legislation in the state. The civil investigative demand, issued on Feb. 5, calls for extensive identifying information and records from the LGBTQ+ rights organization. PFLAG, in its filing to block the demands, describes them as "retaliation" for its opposition to anti-transgender laws in the state and alleges that they violate the freedom of speech and association protections afforded by the United States and Texas constitutions.

The demands are extensive. The letter to PFLAG National demands "unredacted" information around claims made by Brian Bond, PFLAG's Chief Executive Officer, in a legal fight against the ban on gender-affirming care in the state. Bond's claims highlighted that PFLAG represents 1,500 members in Texas, many of whom are seeking contingency plans if SB14, the ban on gender-affirming care, takes effect.

Per the lawsuit, PFLAG National states that it would be required to disclose Texas trans youth members, including "complete names, Social Security numbers, dates of birth, jobs, home addresses, telephone numbers, [and] email addresses." It also states they would need to hand over documents and communications related to their medical care, hospitals outside the state, and "contingency plans" discussed among members for navigating the new laws on gender-affirming care in Texas.

... The demands also encompass communications with out-of-state healthcare organizations, including QMed in Georgia, Seattle Children's Hospital, and Plume. Previous reports have revealed similar civil investigative demands issued to these out-of-state healthcare providers, seeking information on all patients from Texas who have received their gender-affirming care in Washington State at Seattle Children’s Hospitals.


From PFLAG National, which describes itself as "the nation's largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them": Today, the American Civil Liberties Union of Texas, the ACLU, Lambda Legal, and Transgender Law Center filed a separate lawsuit on behalf of PFLAG National in Travis County District Court requesting a temporary restraining order against the Attorney General’s investigative demands on the grounds the Attorney General’s Office is acting outside its authority, attempting to subvert the discovery process in the separate lawsuits challenging SB 14 and the DFPS Rule, and seeking to violate PFLAG’s and its members’ constitutional free speech and association rights, as well as the right to be free from unconstitutional searches and seizures.

From the ACLU: “Targeting PFLAG National as an organization and its members invokes the historical targeting of civil rights organizations that assert the dignity and equality of their members in the face of government oppression,” said Harper Seldin (he/him), attorney at the ACLU’s LGBTQ & HIV Project. “The Attorney General’s Office is attempting to use its powers to intimidate both PFLAG National as an organization and its members in direct opposition to their constitutional speech and association rights. We will never stop fighting for the safety, dignity, and equality of transgender youth and their families in Texas and across the country.”

Transgender Education Network of Texas, the largest statewide, BIPOC trans-led, trans-focused policy, education, and advocacy organization, offers a variety of resources for transgender individuals, relatives, and allies.

Another resource for allies is PFLAG's Supporting Trans & Nonbinary Loved Ones: What Would You Do? Recording & Training Toolkit.
posted by Bella Donna (40 comments total) 45 users marked this as a favorite
 
Good for them. I hope they win.
posted by Spike Glee at 12:41 PM on February 29 [19 favorites]


it's like The South is pushing all the buttons it can to get The North to secede this time around.
posted by torokunai at 12:44 PM on February 29 [11 favorites]


Texas wants them to leave. And as many liberal democrats socialists as possible so Texas will always go Red. Same as Florida. Same as Mississippi. Our national agenda in terms of reproductive healthcare and LGBTQ right to privacy and equality is being dominated by the states with the highest maternal and infant mortality (Mississippi, Alabama) and the most evangelical base of voters. It’s abhorrent and it’s working. I’m sending money to PFLAG today.
posted by amanda at 12:46 PM on February 29 [30 favorites]


Thanks, amanda! The Texas AG is like the worst Hollywood villain imaginable. Only he is real, he has already hurt many residents, and he remains dangerous as hell.
posted by Bella Donna at 12:51 PM on February 29 [13 favorites]


Thanks so much for posting this, Bella Donna - I hadn't heard about this, and I'm very glad to know these essential organizations are doing this essential work.

I remember back in 2017 when the ACLU got a massive influx of donations and then folks sensibly said "maybe give elsewhere, the ACLU's got plenty for now." But here we are 7 years later, and I'm so glad the ACLU is continuing their work on so many important cases - and I'm also deeply glad for other organizations, who can also use the donations, like Lambda Legal, and the Transgender Law Center and of course PFLAG.

When people mention the Mister Rogers quote - "Look for the helpers":
When I was a boy and I would see scary things in the news, my mother would say to me, “Look for the helpers. You will always find people who are helping.” To this day, especially in times of disaster, I remember my mother’s words and I am always comforted by realizing that there are still so many helpers – so many caring people in this world.
... these are the people I see. Everyone at PFLAG. Everyone at the Transgender Law Center. Everyone at Lambda Legal. Everyone at the ACLU. Everyone who volunteers, or funds them, or spreads the word about what they're doing.

And so, Bella Donna - you, too. Everyone who shares news with us about actions people are taking to care for and protect us all - that is helping us all.

Thank you for sharing this.
posted by kristi at 1:08 PM on February 29 [37 favorites]


Eh, you know, it's just a civil legal case. I'm sure a bunch of youtube channels will make some hay out of delving into the legal intricacies. It's kinda fun! I wonder which team will win? I hope it's the good guys, the Republican playbook kinda leaves a bad taste in my mouth. Oh hey, new Joe Scott video.
posted by tigrrrlily at 1:43 PM on February 29 [7 favorites]


Your legal Youtube popcorn is my life, Tigrrrlily - I'm a trans lady who lives in Louisiana and I'm quite sure our new Republican governor is looking forwards to pulling all kinds of shit like this.
posted by egypturnash at 2:34 PM on February 29 [12 favorites]


Psst, user tigrrrlily is trans and her comment is satirical
posted by capricorn at 2:49 PM on February 29 [22 favorites]


Holy shit...

This is just terrifying amounts of overreach and privacy violation and WTF?
posted by Windopaene at 3:04 PM on February 29 [4 favorites]


Texas wants them to leave.

I think they'd rather them stay to be easy to hunt down should Trump win and implement Project 2025.
posted by evilangela at 3:06 PM on February 29 [2 favorites]


PFLAG is such a great group. I, a straight cisgender man with good intentions and poor information, went for about a year when my child started making queer noises (like "hey dad i'm queer") in middle school. I learned a ton from good people. There were also other straight cisgender people who came for a while even though they didn't currently have queer family or friends — they just wanted to listen and learn about the community.

When I meet a queer-phobic person who is calm enough to carry on a conversation, I try to convince them to visit their local PFLAG chapter and listen for a few meetings.

Refusing to disclose the names of their various LGBTQ members is absolutely a hill that PFLAG will die on. I was stunned, when I joined the group, about how many of the folks there were anxious about their physical safety all of the time. They would weigh very carefully whether to participate in public outreach events where they might be identified. Even people who were completely out with their friends and family were hesitant about being identified as queer by strangers. This was just after Obergefell, when it really felt like we might be making positive progress culturally.

"Your organization must identify its members to the government" is a classic authoritarian power grab. It's very important that it fails.
posted by fantabulous timewaster at 3:07 PM on February 29 [70 favorites]


I'm really sorry that I made you upset, egypturnash. Unfortunately, I'm not surprised that my satire was believable here on MeFi. Yes, I'm a trans lady, too. I've been keeping tabs on you (in a good way) since... LJ, I think, and I hate that another trans woman got caught up in me trying to get through to the people who are, or feel, less engaged in general.
posted by tigrrrlily at 4:06 PM on February 29 [20 favorites]


So today Mitch McConnell announced he was quitting as Minority Leader. What does this have to do with this post, you ask? Because John Cornyn, Texas' senior Senator, is putting his hat in the ring for this job, and Ken Paxton, our AG, who's bringing this lawsuit, told him not to bother because he's going to be too busy with a primary to run the Senate. (Cornyn shot back with a reminder that Paxton's legal troubles mean he could be in jail, but when has a MAGA guy let the law stop him from running for office?)

This crooked clown could be in the Senate after the 2026 election and he could be everybody's problem. And yeah I've been voting against him every time, but my fellow Texas residents whose votes are not suppressed keep voting for him, so we might get stuck with him anyway.
posted by gentlyepigrams at 4:36 PM on February 29 [5 favorites]


Everyone at PFLAG. Everyone at the Transgender Law Center. Everyone at Lambda Legal. Everyone at the ACLU.

It bears repeating that PFLAG have been good on trans issues at the national level for a long time. I think everyone thinks of them as kind of boring and fuddy-duddy, but they were there when a lot of organizations weren't. (Lambda Legal and the National Center for Lesbian Rights were the two national orgs doing litigation on behalf of trans people for a long time. (I think the Transgender Law Center still skews to California though they try to be national.) The ACLU were late to the game but started doing actual work once they showed up. Those three are about the only three non-trans-specific orgs that are any good. The SPLC seems to have wandered off/lost interest.)
posted by hoyland at 7:05 PM on February 29 [12 favorites]


Refusing to disclose the names of their various LGBTQ members is absolutely a hill that PFLAG will die on.

I desperately hope this is true (and believe you that it is) -- they have justice and morality and very probably the law on their side and none of that means they're going to win. I am fortunate enough to live in a relatively safe area but many of us all over need to start thinking about the risks we'd take and the sacrifices we'd make if we haven't already. For example, would we shred documents that might identify trans people in defiance of a court order knowing the terrible consequences? I hope no one has to find out but I'm trying to prepare myself to have the courage I hope I don't need.
posted by an octopus IRL at 7:14 PM on February 29 [8 favorites]


I think they'd rather them stay to be easy to hunt down should Trump win and implement Project 2025.

Run the numbers. If Texas flips blue, the Republicans never see the presidency again.
posted by mhoye at 7:22 PM on February 29 [6 favorites]


When people mention the Mister Rogers quote - "Look for the helpers"

I saw it mentioned in a previous thread some time ago a reminder that this comment was directed at children.

We're adults, we can BE the helpers now. Sometimes you feel powerless and that's still good advice to dealing with those feelings, but don't forget that you're completely powerless, those of us with the ability and privilege do have some bit of power.

Which is a good reminder to myself to make some donations, so I did.
posted by VTX at 7:23 PM on February 29 [25 favorites]


Run the numbers. If Texas flips blue, the Republicans never see the presidency again.

This is happening now, under a Democratic President, so I hope you'll forgive me if I don't find that entirely reassuring. I'm not trying to be snarky, I'm transgender and I'm terrified.
posted by an octopus IRL at 7:25 PM on February 29 [39 favorites]


I just pray this ends by the ballots, not bloodshed. Going after people’s kids and families tends to be pretty motivating. I think these kinds of stunts are likely to backfire politically. Republican sanctimony only works when it is conceptual and the tangible impacts are invisible. Anti-abortion bullshit was politically winning in places right up until Roe was overturned. Now it’s turned into a huge loser. As the horror stories of 11 year old incest/rape victims, life threatening complications, miscarriages, etc come to light —- the voters overwhelming reject these politicians.
posted by interogative mood at 7:29 PM on February 29 [6 favorites]


Seems a bit fashy.
posted by pompomtom at 7:51 PM on February 29 [4 favorites]


I'm a data monkey, and making lists of people is a big part of what I do. There's making lists of people, and then there's Making Lists of People.
posted by pompomtom at 7:53 PM on February 29 [8 favorites]


pompomtom, here's a data point: when I go to the doctor, I run a gauntlet of trying to keep anything that could be data mined, associated and coded to identify me as trans out of the administrative questionnaires. IF my history is relevant to my complaint, I disclose it to the doctor verbally. I deny consent to transcription services. I ask the doctor not to take notes during our conversation. The coding of my dx is usually done in the most general way possible.

I'm not worried about the doctors or the PAs or even, really, the administrative staff. I'm worried about data monkeys.
posted by tigrrrlily at 8:08 PM on February 29 [23 favorites]


If I was pflag's system administrator I'd be making plans for some plausibly deniable non-compliance right now. Oops, trans hackers that I totally didn't let into the network have maliciously encrypted the data you wanted, f***heads.
posted by signsofrain at 8:09 PM on February 29 [15 favorites]


I'm worried about data monkeys.

Do be.
posted by pompomtom at 8:19 PM on February 29 [5 favorites]


Not being an expert on TX law but knowing a bit about CIDs, Texas probably does have a right to know for purposes of standing that at least one plaintiff actually exists (and it would be prudent to divulge several plaintiffs in case some can't stay the course of the litigation). However, this should be handled within discovery in the plenary litigation, with a strict protective order signed by a judge, not as a separate CID, and it certainly needn't reach to every or even most trans members of PFLAG.

Generally state AGs have a fairly free hand in issuing civil CIDs, but there usually at least does need to be some vaguely plausible nexus to a violation of the law, which doesn't seem to be alleged here (though with nontechnical reporting on lawsuits sometimes key details get confused or dropped).

On a nontechnical note, if I used the language that comes to mind in contemplating this absurd abuse of process to intimidate vulnerable people from seeking to defend their rights in court, I'd probably get disbarred, or at least banned from ever setting foot in Texas again.
posted by praemunire at 9:25 PM on February 29 [11 favorites]


Even if this blows over, "Parents and Friends" are not going to get it even going forward, is my guess. The way to protect the vulnerable is to not keep records on them. Yes, just like you would if you were doing something really, really illegal. If you're our friends, the cops are not yours.
posted by tigrrrlily at 10:04 PM on February 29 [10 favorites]


Funny how stuff like needing to have at least one actually existing plaintiff only applies to non-fascists, and not to website developers who want to discriminate on the basis of sexual orientation if they ever get into the wedding planning business, or wedding cake bakers, etc.
posted by eviemath at 10:23 PM on February 29 [25 favorites]


Hopefully groups like PFLAG are also looking real closely at exactly which jurisdiction to store all their data and records in currently. And how to remotely log out all organizational computers in an emergency to prevent local access to electronic records - we know from the 2020 election that these goons aren’t above just showing up at an office and trying to shoulder their way inside to get what they’re looking for.
posted by eviemath at 10:30 PM on February 29 [7 favorites]


Funny how stuff like needing to have at least one actually existing plaintiff only applies to non-fascists, and not to website developers who want to discriminate on the basis of sexual orientation if they ever get into the wedding planning business, or wedding cake bakers, etc.

This is very widely agreed to have been bullshit and an embarrassment to the court.
posted by praemunire at 11:09 PM on February 29 [1 favorite]


I propose that people refrain from blithely writing off people. "The South" doesn't want this. "Texas"doesn't want this, either. There are people in the South who want this, and there are people in Texas who want this. The shorthand is humiliating to the people working diligently to make changes, rather than just being inaccurate. My heart breaks every time I read allies being dismissive of this distinction. It's an easy thing to remedy. Kind thanks.
posted by late afternoon dreaming hotel at 2:52 AM on March 1 [28 favorites]


The people in power are not the majority. At best, they are bullies who cow the majority of the politically engaged into voting for them, at worst they are cheats who have no business being in charge of a purported democracy.
posted by rikschell at 4:45 AM on March 1 [2 favorites]


This is very widely agreed to have been bullshit and an embarrassment to the court.

That doesn't change the fact that the right wing got away with it and I see no reason to think that that putative embarrassment means it won't work next time. Clarence Thomas taking bribes also seems like bullshit and an embarrassment to the court but I don't see anyone doing anything about it. The people doing this stuff either don't care or are actively happy to be operating outside the law. The more we and our allies believe this is about anything besides power and the more we assume norms, institutions, and things like "embarrassment" will save us the more dangerous things get.
posted by an octopus IRL at 5:09 AM on March 1 [26 favorites]


Clarence Thomas taking bribes also seems like bullshit and an embarrassment to the court but I don't see anyone doing anything about it.

The investigations have been something, and then there's John Oliver making his own offer to Clarence.

And the Supremes themselves published a ethics code that is as far as I can tell worth less than the paper it's written on, due to a complete lack of ability to enforce it.

Meanwhile, Ken Paxton is either a bigot unworthy of his state officer, or criminally neglectful of the actual requirements of his office, and based on his previous-to-election acts needs to go to trial the moment he's not in any elected office and preferably should be fired from his current position. out of a cannon, if at all possible. And yes, as far as that "either" is concerned, it very much is a Por que no los dos? situation.
posted by mephron at 6:06 AM on March 1 [3 favorites]


I'm not worried about the doctors or the PAs or even, really, the administrative staff. I'm worried about data monkeys.

I agree, I'm worried about that, I'm worried about HIPAA exceptions that the Trump administration will no doubt create so that they can require medical records for trans and probably GLBTQ people.

I think this is extremely, extremely serious. I have really tried to minimize how many doomer comments I make because they generally don't do anything except make us all spiral, but I think this is very very bad.

The government wants to assemble a list of trans people. What possible neutral use could there be for that? I can think of a lot of extremely bad uses, from the mere "trans people are legally banned from working with anyone under 25" to "trans people are ripped from their homes and taken to camps".

Consider this - Texas is suing to make PFLAG reveal contingency plans for anti-transgender legislation in the state. What is the purpose of that?

What is happening in Texas is going to happen at the federal level if Trump wins, and frankly that seems increasingly likely given the national mood, Gaza and the incredibly stupid missteps that the Biden administration keeps making. (Inviting Trump to co-author border legislation? All else aside, that just makes Biden look weak.)

I'm not totally sure what can be done other than literally leaving the country, a solution available to very few people, but people really need to understand how bad this is. It really isn't "this is legislative malfeasance, we need to prosecute these bigots", it's Hitler shit.
posted by Frowner at 6:25 AM on March 1 [21 favorites]


It's the 1930s all over again, minus the economic disaster (for now). And someone should remind Abbott what happened to folks with disabilities in Germany way back when.
posted by tommasz at 7:07 AM on March 1 [3 favorites]


Ken Paxton is desperately trying to stay out of jail. He's manufacturing crises to keep from being indicted once he leaves office.
posted by Spike Glee at 7:42 AM on March 1 [5 favorites]


The more we and our allies believe this is about anything besides power and the more we assume norms, institutions, and things like "embarrassment" will save us the more dangerous things get.

I don't disagree, but I think you will find that my comment was very clear that, standing issues notwithstanding, I consider this CID to be inappropriate and in bad faith. I literally called it an abuse of process.
posted by praemunire at 7:44 AM on March 1 [2 favorites]


"plausibly deniable non-compliance"

Well, OK. Try that for sure. But... I kinda hope that our cis and straight parents and friends are drawing straws right now to decide who will go to jail, in case someone does have to in the end.
posted by tigrrrlily at 8:24 AM on March 1 [4 favorites]


One of the pastors in my church works with PFLAG. This is going to wreck him emotionally. Sorry, trans youth in Texas (and not-youth, as well) for failing to be better than we are. I’ll help him where I can.

And Ken Paxton can eat a bag of dicks. And Greg Abbott. And a lot of others.
posted by JustSayNoDawg at 10:56 AM on March 1 [2 favorites]


we don't talk about Paxton
he's a clown but he's one of the gang
a barefaced clumsy thief
to re-elect him beggars belief
we don't talk about Paxton
check your pockets when he's gone
posted by graywyvern at 3:30 PM on March 1


« Older recorded off German radio in the mid-80s but...   |   Red versus blue: Why the right gum tree matters in... Newer »


This thread has been archived and is closed to new comments