Filed in The District Court
of Travis County, Texas
AR AUG 25 2023 4
CAUSE NO. D-l-GN-23-003616
A! 9 1 m,
Veiva L. Price, District Cletk
'
§
§ IN THE DISTRICT COURT
0F
LAZARO LOE, et al., §
Plaintiffs, §
§
§ TRAVIS COUNTY, TEXAS
v. §
§
THE STATE OF TEXAS, et al., §
Defendants. § 201st JUDICIAL DISTRICT
§
TEMPORARY INJUNCTION ORDER
on the Application for
On August 15 and 16, 2023, the Court held an evidentiary hearing
filed
within Plaintifi's Verified Original Petition ("Application")
Temporary Injunction included
and as parent and next friend of Luna Loe, a minor; Mary
by Plaintiffs Lazaro Loe, individually
and next friends of Maeve Moe, a minor; Nora
Moe and Matthew Moe, individually and as parents
n
next friend of Nathan Noe, a minor; Sarah Soe and Steve
Noe, individually and as parent and
friends of Samantha Soe, a minor; Gina Goe, individually
Soe, individually and as parents and next
Inc. ("PF LAG"); Richard Ogden
and as parent and next friend of Grayson Goe, a minor; PFLAG,
Roberts III, M.D.; David L. Paul, M.D.; Patrick
W. O'Malley, M.D.; American Association of
d/b/a GLMA: Health Professionals Advancing LGBTQ
Physicians for Human Rights, Inc.,
ntiffs") against Defendants the State
of Texas, the Office
Equality ("GLMA") (collectively, "Plai
official capacity as Provisional Attorney
of the Attorney General of Texas, John Scott, in his
and Texas Health and Human Services
General' ("Attorney General"), the Texas Medical Board,
Commission (collectively, "Defendants").
and Application for Temporary and Permanent
1
Plaintiffs' Verified Original Petition for Declaratory Judgment al due to the Articles of Impeachment
in his capacity as Provisional Attorney Gener
lnjunctive Relief sued John Scott, which resulted in the suspension of
the Texas House of Representatives on 5/27/2023,
against Ken Paxton passed by succeeded
the exercise of Ken Paxton's duties in the Office
of Attorney General. On July 12, 2023, Angela Colmenero
John Scott as Provisional Attorney General of
Texas.
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in and enjoin Defendants, their
In their Application, Plaintiffs seek to temporarily restra
and all persons in active concert and participation
officers, agents, servants, employees, attorneys,
known as Senate Bill 14,
with Defendants, from implementing and enforcing the act commonly
passed by the 88th Texas Legislature, Regular
Session, and signed by the Governor on June 2,
medical treatments and procedures to
2023 ("Act"). The Act prohibits the provision of certain
various amendments to the Health and Safety Code, the
transgender adolescents in Texas by
n
Resources Code. Act §§ 1-9 (adding Subsection (g) to Sectio
Occupations Code, and Human
of the Health and Safety Code; Subchapter X to Chapter 161 of the Healt
h and Safety Code;
62.151
of the
Subsection (pp) to Sectio n 33.024 of the Human Resources Code; Section 164.052(a)(24)
to Subchapter B, Chapter 164 of the Occupations Code).
Occupations Code; Section 164.0552
evidence admitted at the hearing, the arguments of
Having considered the testimony and
this Court finds sufficient cause to enter a Temporary
counsel, and the applicable authorities,
tiffs state a valid cause of action against Defendants and have
Injunction against Defendants. Plain
relief they seek in this lawsuit. There
a probable right to the declaratory and permanent injunctive
a trial on the merits. Furthermore, unless
is a substantial likelihood that Plaintiffs will prevail after
the Act, Plaintiffs will suffer probable,
Defendants are immediately enjoined from enforcing
interim.
imminent, and irreparable injury in the
FINDINGS
I. Likelihood of Success
of the Texas Constitution
A. The Court finds the Act likely violates Article I, Section
19
by infringing upon the fundamental right
of parents to make decisions concerning the care.
fundamental right includes the right of parents to give,
custody, and control of their children. This
al
medical treatment for their children. This fundament right
withhold, and withdraw consent to
cal advice to protect the health and wellbeing of
also includes the right to seek and to follow medi
evidence-based treatment for adolescents
their minor children. The Act's prohibitions on providing
fundamental right to make decisions
with gender dysphoria stands directly at odds with parents'
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ren. Furthermore, the Act interferes with Texas families' private
concerning the care of their child
decisions and strips Texas parents, including Parent
Plaintiffs and PF LAG parent members, of the
Court
medical care for their children. The evidence before the
right to seek, direct, and provide
the health or wellbeing of minors. Instead, the
does not support the conclusion the Act protects
h and wellbeing of adolescents with gender
evidence demonstrates that the Act threatens the healt
and PFLAG parent
dysphoria. Specifically, the
Act denies their parents, including Parent Plaintiffs
ment
and in some circumstances, lifesaving medical treat
members, the ability to obtain necessary
not narrowly tailored to serve a compelling
for these children. The Court finds the Act is
to any
the Court finds the Act lacks even a rational relationship
government interest. Furthermore,
est.
legitimate government inter
B. The Court further finds the Act likelv violates
Article I, Section 19 of the Texas
of occupational freedom. The Act
Constitution by infringing upon Texas nhysicians' right
Act requires
deprives Texas physicians
of a vested property interest in their medical licenses. The
Plaintiffs and health professional members of
Texas medical providers, including the physician
nce-based clinical practice guidelines, and their
GLMA, to disregard well-established, evide
and severely compromising the health of their patients
training and oaths, thereby significantly
their livelihoods. The Act mandates revocation
of
with gender dysphoria or, alternatively, to risk
to some
licenses, along with a panoply
of other disciplinary actions (including actions available
of the Texas Medical Practice Act) if
Defendants through existing enforcement provisions
treatment. The
ide their trans gend er adolescent patients with medically necessary
phys ician s prov
medical providers, adolescent patients, and
Act interferes with the professional relationship among
to
to discipline for treating a patient according
the patients' parents. Further, it subjects physicians
t as a whole is so
care. The Act is clearly arbitrary and its efl'ec
gene rally accepted standards of
that it is oppressive.
unreasonably burdensome
tes Article I Sections 3 and 3a the Texas
C. The Court further finds that the Act likely viola
adolescents with gender dysphoria because
of
Constitution by discriminating against transgender
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the Texas Constitution's
their sexgex stereotypes, and transgender status. The Act infringes upon
of equality under the law by enacting a discriminatory and categorical prohibition on
guarantees
evidence-based medical treatments for transgender youth
which remains available to cisgender
to
hormone therapy, and chest surgery may be administered
youth. Puberty-delaying treatment,
treat minors with a variety of conditions other than gender dysphoria. Howe
ver, the Act does not
it
ents for minors with all medical conditions; rather, prohibits
prohibit the same medical treatm
the treatments only when used to treat an adolescent
for gender dysphoria, even though the risks
of the condition for which they are
of the treatments are similar, if not the same, regardless
let
prescribed. In short, the Cour
t finds that the Act is not justified by any legitimate state purpose,
se of, and not in spite of, its impact on
alone a compelling one. The Act was passed becau
them of necessary, safe, and effective medical treatment.
transgender adolescents, depriving
ides the clinical and evidence-based judgment of medical
Further, the Act interferes with and overr
providers and the decision-making
of parents, who provide infomed consent.
II. Likelihood of Irreparable Harm
from enforcing
A. It is clear to the Court that,unless Defendants are immediately enjoined
the Act, Plaintiffs will sufi'er probable. imminen;
and irreparable injury in the interim. Such injury,
other adequate remedy at law, includes:
which cannot be remedied by an award of damages or
and medically necessary treatment for transgender
(i) the loss of access to safe, effective,
adolescents experiencing gender dysphoria;
the health and wellbeing of transgender
(ii) significantly and severely compromising
such patients to experience
adolescents experiencing gender dysphoria, including forcing
unwanted and unbearable changes to their body;
t their child's medical treatment;
(iii) the loss of a parent's ability to direc
families to leave Texas, travel regularly
(iv) destabilizing the family unit, including forcing
out of state, and/or choose indefinite family separation;
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freedom and their vested property
(v) depriving Texas physicians the right of occupational
interests in their medical licenses;
e their oath by disregarding the patient's
(vi) forcing Texas physicians to either violat
their medical license and livelihood at
medical needs and inflicting needless suffering, or putting
risk; and
adolescent patients who receive
(vii) exacerbating health disparities for transgender
ren's Health Insurance Program (CHIP) coverage and who
will lose that
Medicaid and Child
coverage if the Act goes into effect.
III. Balancing of the Equities
Defendants were provided notice of the causes of action, the Application, and participated
in the hearing. The balance of the equities favors Plain
tiffs. The threatened injury to Plaintiffs
substantially outweighs the harm,
if any, that Defendants would suffer from having to forestall
enforcement of the Act, pending resolution of this case.
is to maintains the
The Temporary Injunction being entered by the Court today necessary
d remain in effect while this Court, and potentially the
Third Court of Appeals
status quo and shoul
and the Supreme Court of Texas, examine the parties' merits and jurisdictional arguments.
IT IS HEREBY ORDERED, ADJUDGED, and DECREED:
are finally and fully determined, Defendants and
their
A. Until all issues in this lawsuit
serva nts, emplo yees, and attorneys, as well as any individuals or
respe ctive office rs, agent s,
under their control, or participating with
entities in active concert with them, directly or indirectly
are immediately
them, who receive actual notice
of the Order by personal service or otherwise,
or enforcing the Act, and such restraint encompasses
enjoined and restrained from implementing
but is not limited to:
State of Texas, Office of the Attorney General
of
(1) enjoining and restraining the
the State of Texas, Angela Colmenero, in
her official capacity as Provisional
successor Attorney General from filing an action
to
Attorney General, and any
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osed Section
enforce the Act, whether directly through authority provided by prop
ority provided
161.706 of Texas Health and Safety Code, or indirectly through auth
by the Texas Medical Practice
Act or otherwise;
State of Texas and Texas Medical Board from
(2) enjoining and restraining the
a plaint,
taking action to implement or enforce the Act, including investigating com
the license or
the Office of the Attorney General, revoking
referring a complaint to
a physician, refusing to admit to
other authorization to practice medicine of
wal license to a person based on the
examination or refuse to issue a license or rene
proposed Sections
Act, whether directly through authority provided by
164.052(a)(24) or 164.0552
of Texas Occupations Code, or indirectly through
the Texas Medical Practice Act or otherwise;
authority provided by
the State of Texas and Texas Health and
Human
(3) enjoining and restraining
from being used, granted,
Services Commission from (a) withholding public money
health care provider, medical school, hospital, physician,
paid, or distributed to any
or any other entity, organization, or indiv
idual that provides or facilitates the
or
or treatment based on the Act, and (b) withholding
provision of a procedure
for prohibited care under the Act
otherwise limiting reimbursement of or coverage
by Medicaid and/or CHI
P insurance plans.
to their officers, agents,
B. Defendants shall provide notice of this Temporary Injunction
e
and thos persons in active concert or participation with them.
servants, employees, and attorneys,
this Court shal l issue a Temporary Injunction
C. Plaintiffs' bond is set at $100. The clerk of
s of this Order.
in conformity with the law and the term
matter
e of this Temporary Injunction in any
D. All parties may be served with notic
provided under Rule 21a
of the Texas Rules of Civil Procedure.
this
until judgment in this case is entered or
E. This Temporary Injunction shall not expire
t.
case is otherwise dismissed by this Cour
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Cantt'l Hexsel,
set before the Honorable Maria
F. A trial on the merits is preferentially
Texas on May 6, 2024, at 9:00 AM
.
icia l Dis tric t Court of Tra vis Cou nty,
Judge of the 53rd Jud
202 3.
SIGNED on the 25'" day of August,
fudge: Maria
Cantfi Heisel
PRESIDING JUDGE
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