Austin, TX PFLAG National, a leading LGBTQ+ advocacy organization, has filed a lawsuit against Texas Attorney General Ken Paxton, arguing that his office’s request for internal documents infringes on the group’s First Amendment rights and jeopardizes the privacy of its members.
The Attorney General’s office issued a “civil investigative demand” in February 2024, which led to the filing of the lawsuit in Travis County District Court. The demand seeks a wide range of documents and communications related to PFLAG’s work with transgender youth and their families, including information about specific individuals who have sought support from the organization.
PFLAG contends that this demand is overly broad and constitutes an “unreasonable search and seizure” in violation of the Fourth Amendment. Additionally, the lawsuit contends that the request violates the First Amendment’s protections for free speech and association because it might deter people from contacting PFLAG for assistance out of concern that they might become state targets.
“This is a clear and unmistakable overreach by the Attorney General’s office. Their demand is not just about information; it’s about intimidation and an attempt to silence our organization and our members who are fighting for the rights of transgender youth in Texas.”
Brian Bond, CEO of PFLAG National
The lawsuit comes against the backdrop of a heightened legal and political battle surrounding transgender rights in Texas. In 2022, the state passed a controversial law, SB 14, which bans transgender youth from receiving gender-affirming medical care like puberty blockers and hormone therapy. PFLAG is one of several organizations currently challenging the law in federal court.
Paxton’s office maintains that the information requested from PFLAG is necessary to investigate potential violations of SB 14, specifically regarding whether healthcare providers are engaging in “fraudulent practices” to circumvent the law. They claim the lawsuit is a “blatant attempt to hide evidence of wrongdoing.”
However, PFLAG argues that Paxton’s office is misusing its investigative authority to target and harass LGBTQ+ advocates. They emphasize that the requested information contains details about individuals seeking emotional support and guidance, not medical treatment.
“PFLAG serves as a safe haven for countless families in Texas, including those with transgender children,” said Bond. “This demand not only puts our organization at risk but also jeopardizes the privacy and safety of our members who have entrusted us with their personal stories.”
Next Steps
Legal experts believe the case could raise significant questions about the balance between government investigative powers and the First Amendment rights of individuals and organizations.
A court hearing is scheduled for March 15, 2024, to determine whether to grant PFLAG’s request for a temporary restraining order blocking the Attorney General’s office from enforcing its demand.
The outcome of this case will likely have national implications, as it could set a precedent for how far state officials can go in their efforts to regulate the activities of advocacy groups working with vulnerable populations.
