Loe v. Texas FAQ
What is this case about?
Lambda Legal, the ACLU, the ACLU of Texas, and the Transgender Law Center, along with the law firms Scott, Douglass & McConnico LLP and Arnold & Porter Kaye Scholer LLP, are suing the State of Texas to block SB14, the state’s recently enacted discriminatory ban on medical care for transgender youth.
SB14 prohibits medical professionals from providing necessary and life-saving medical treatments for gender dysphoria to Texas’s transgender adolescents, strips adolescents of the medically necessary care they have already been receiving, threatens the licenses of physicians providing the established standard of care to their transgender patients, and bars the payment of state dollars, including state-funded health insurance plans and Medicaid, to any health care entity providing or facilitating that care.
Who are the plaintiffs?
PFLAG National is proud to serve as a plaintiff in this case on behalf of our members in Texas, alongside GLMA: Health Professionals Advancing LGBTQ+ Equality; five families from across the state with transgender children and adolescents; and Doctors Richard Ogden Roberts III, David L. Paul, and Patrick O’Malley, who treat transgender youth with gender dysphoria.
What has been the timeline for this case to date?
The original petition was filed on July 12, 2023, along with a request for a temporary injunction to put the law on hold before it could go into effect on September 1, 2023. After a two-day hearing in mid-August, the Travis County District Court issued an injunction on August 25, 2023. The State filed an appeal immediately, which, under Texas rules, automatically put the injunction on hold. Our lawyers filed an emergency motion on August 28, 2023, asking the Texas Supreme Court to issue its own injunction to restrain the State from enforcing SB14 while it considers the State’s appeal. Unfortunately, the Texas Supreme Court denied that request on August 31, allowing SB14 to take effect on September 1, 2023. The State filed its opening brief on October 16, 2023. We filed our responsive brief on November 30, 2023. The State’s reply is due December 22, 2023, and the Texas Supreme Court will hear arguments on January 30, 2024.
Why is PFLAG a plaintiff in this case?
Every person, transgender or not, does better when they can get the health care they need when they need it. PFLAG is suing to block SB 14 and stop it from depriving transgender adolescents of access to medically necessary, evidence-based medical care.
Why isn’t PFLAG taking legal action in my home state?
This is a time of unprecedented attacks on our community, with 82 anti-trans and anti-LGBTQ+ laws passing in states around the country this year alone. There simply is not capacity at this particular moment to challenge each and every one of these laws in court because of the volume of these discriminatory laws.
This does not mean your state and your community are being left behind. There are many lawsuits happening across the country as legal advocates work strategically to fend off these attacks on transgender kids, their families, and their healthcare and ensure the best possible outcomes for everyone. The legal strategies for fighting those laws vary based on a huge number of factors, but the goal of every one of those lawsuits is to prevent and minimize the harm these kids will experience no matter the odds.
PFLAG National does not independently decide where to bring suit but, instead, works with legal advocates as they begin to consider the strategies. For more information about particular lawsuits, we encourage you to reach out to the legal advocates for further support. These include Lambda Legal and ACLU at the national and state levels.
PFLAG National plays a critical role in supporting and protecting those families, regardless of whether the organization formally serves as a plaintiff in litigation in any given state.
What does it mean to be a member of PFLAG National?
Being a member of PFLAG is ultimately about leading with love, for yourself, for your family, and for the LGBTQ+ community. PFLAG supports families, educates allies, and advocates for equality through a vast network of supporters, members, and chapters across the country, including 18 chapters in Texas. People who join PFLAG enjoy the community of participating in local meetings and events, educational opportunities, Pride celebrations, workshops, panels, family programming and so much more.
PFLAG members have joined and paid dues either to their local PFLAG chapter or directly to PFLAG National; both of these make you a member of PFLAG.
If I am a parent of a trans kid in Texas and a member of my local PFLAG chapter, is my family covered by this case?
PFLAG National seeks to protect all of its members in Texas through this case. If you are a dues-paying member of a local chapter in Texas, part of your dues are paid to PFLAG National thereby making you a member of both the local chapter and PFLAG National.
How do I become a member of PFLAG National?
PFLAG is for LGBTQ+ people, their parents, families, and allies. All families in Texas that include transgender loved ones in particular are encouraged to join PFLAG National, through one of two ways:
- You can join your local chapter in Texas by paying their membership fee, part of which will come to PFLAG National and make you a member of both the national organization and your local chapter; or
- You can join PFLAG National directly.
I do not have the personal means to pay for a PFLAG membership. Is there financial support for me to join? And if so, how do I access that support?
We are happy to work with families on a case-by-case basis to ensure they are able to become PFLAG members. Please contact us at [email protected] for support.