Family members, Judge Meachum wrote, “facing the inevitable and ongoing denial of their constitutional rights, the potential loss of essential medical care, and the stigma associated with unwarranted child abuse investigations.” She prohibited the state from taking any adverse employment action against Ms. Doe.
And in Dr. Mooney’s case, the judge wrote that if she followed the governor’s directive, she would have to choose between criminal prosecution for not reporting the abuse or potential civil liability for not treating patients “according to professional standards.” and revocation of the license for non-compliance with her professional ethics.”
While the ruling was limited, attorneys for the plaintiffs argued that the message was clear: The government investigation “did incredible damage to the Doe family,” said Karen Loewy, senior counsel at Lambda Legal. “It would be shameless on the part of the agency to continue the investigation with such an assessment,” she added.
Ms. Lowy said she believes the state is unlikely to appeal the temporary restraining order given its limited scope. “It would be extraordinary and incredibly punitive for the state to file an appeal when, for now, the only relief is the parties,” she said in an interview Wednesday night.
Shortly thereafter, the state, represented by the prosecutor’s office, appealed against this decision.
A spokeswoman for the governor did not immediately respond to a request for comment.
But speaking to reporters earlier Wednesday, Mr Abbott’s chief re-election campaign strategist David Carney said speaking out against medical treatment for transgender children and treating it as child abuse was a “winning issue” for the governor. Mr. Abbott is running for a third term in November.
“That’s a 75 to 80 percent win,” Mr. Carney said. “That’s why Democrats across the country are out of the loop.”