The Texas Supreme Court ruled Friday that the Texas Attorney General's Office can require LGBTQ advocacy group PFLAG to turn over documents related to an investigation into medical care for transgender minors.
The court overturned a previous district court decision that had largely blocked the AG's office from seeking certain records.
The dispute stems from a civil investigative demand issued in 2024 by Texas AG Ken Paxton. His office is investigating whether medical providers may have violated state law by misleading insurers about treatments provided to transgender minors.
How the case began
The Attorney General's office began seeking records after PFLAG submitted an affidavit in an ill-fated lawsuit challenging the state's 2023 law banning certain gender-affirming medical treatments for minors, including puberty blockers and hormone therapy.
In that filing, the group's executive director said families with transgender adolescents were discussing "contingency plans" and "alternative avenues to maintain care in Texas."
State investigators argued those comments suggested the group might have information about doctors continuing to provide treatments banned under Texas law and requested related records from PFLAG.
PFLAG sued to block the request in February 2024. A Travis County judge initially sided with the group and limited what records PFLAG had to provide. The attorney general's office appealed directly to the state's highest civil court.
What the court decided
In Friday's ruling, the Texas Supreme Court said the lower court improperly interfered with the state's investigation, emphasizing that under state law, the AG doesn't have to prove someone has relevant documents before requesting them.
"The district court should not have faulted the Attorney General's office for failing to 'produce evidence to suggest that PFLAG likely possessed information relevant to the OAG's investigation.' That was not the Attorney General's burden," the ruling read. "Under the statute's plain text, belief — not proof — will suffice."
The court said PFLAG must turn over several categories of documents, including:
- Communications about "contingency plans" or alternative care options
- Referrals or lists of health care providers for transgender youth in Texas
- Communications involving certain health care providers referenced in the investigation
- Records tied to the executive director's comments in the lawsuit affidavit about families seeking ways to maintain care in Texas
However, the court said some other requests — including certain internal organizational documents — weren't clearly relevant and don't have to be handed over.
The justices noted the AG "agreed to allow redactions to preserve anonymity" for families or children named in the documents. State law also limits how the AG's office can disclose materials gathered through investigative demands.
The case now returns to Travis County district court for further proceedings.
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