Paxton argued that individual families must provide evidence of harm from the actions of the Department of Family and Protective Services.
The 3rd Court of Appeals will determine if the injunction will hold up, either by hearing from both sides in oral arguments or simply ruling on the briefs filed. Until then, the injunctive relief will remain in place, according to Karen Loewy, senior counsel and director of constitutional law practice for Lambda Legal.
If the court sides with Paxton, it’s not clear if the DFPS investigations of parents of trans kids would resume. The agency declined to comment on the litigation. Paxton said the families have not experienced specific injuries stemming from these investigations, arguing that parents have not lost custody of their children as a result of the investigation and therefore that claim has no standing.
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