The decision was another victory for Dr. Ximena Lopez and her lawyers, who argued Paxton’s office had no authority to intervene in a case about a doctor’s judgment in providing treatment that falls within the medical standard of care.
After a two-hour hearing, Judge Melissa Bellan sided with Lopez’s lawyers, saying she did not find a justiciable interest or the Attorney General’s office or the State of Texas could show they have authority to act on behalf of anyone in this case.
The same judge had already granted a temporary restraining order and a temporary injunction last month, allowing Dr. Lopez and other doctors at Children’s to continue providing gender-affirming care.
Paxton’s office then intervened. Lawyers for Paxton argued Friday they wanted to bring forth experts in the case to argue gender-affirming treatments could be considered child abuse in certain circumstances.
Paxton issued an opinion in February stating that some gender-affirming treatments could be considered child abuse
, suggerendo Gov. Greg Abbott to order the Department of Family and Protective Services to investigate
“any reported instances of these abusive procedures in the State of Texas.
” The state is currently fighting two lawsuits from families of children receiving such treatment in Texas who say they were investigated by DFPS
Lopez founded the program GENECIS in 2012, which was known as the first treatment clinic in the Southwest for children with gender dysphoria. Her petition claimed the clinic was wrongly shut down by UT Southwestern, a move that was widely covered by the press in November. According to the petition, she claims she was told by UT Southwestern administrators she could provide puberty blockers and hormone therapy to existing trans-patients but not new patients.
CNN has reached out to Paxton’s office for comment.