Maria Caspani and Brad Brooks

LUBBOCK (Reuters) – The Texas Supreme Court ruled Friday that neither the Governor Greg Abbott nor his attorney general were authorized to conduct child abuse investigations into families who provide medical care for transgender children.

According to the ruling by the highest court, it was clear that the state couldn’t investigate the family members of the 16-year old transgender child who is at the heart of this case. However, the family’s lawsuit was still being heard before the lower courts.

Although the court refused to prohibit all investigations of this nature, they said that it was left up to the Department for Family and Protective Services to decide how to proceed.

“The Governor and the Attorney General were certainly well within their rights to state their legal and policy views on this topic, but DFPS was not compelled by law to follow them,” the court wrote in its ruling https://www.txcourts.gov/media/1454197/220229.pdf.

In an emailed statement, the DFPS stated that it was reviewing this ruling and did not have any comment.

Texas is among dozens of states that conservative politicians want to criminalize medical treatments to support young people’s transition from their birth gender. Republicans are accused of using gender identity as an issue of wedge to their political advantage by those who criticize such plans.

The Texas Supreme Court stated that DFPS representatives, as reflected in press statements, believed they were bound by Republican Governor or Attorney General’s views on the subject. However, “nothing has been done before the Court to support the idea that DFPS may be so bound.”

Although the Texas Attorney General Ken Paxton declared the verdict a win, the Texas Attorney General did not issue a blanket ban.

On Twitter (NYSE:), he wrote that he had just secured victory for families against gender ideologies of big pharma and clinics trying “trans” confused, innocent kids.

Both Abbott and Paxton did not respond to further comments.

Lambda Legal, the ACLU of Texas, and Lambda Legal — which are both representing the family of a transgender teenage victim in an investigation — applauded “a win for my clients and the rule of Law.”

In the ACLU and Lambda litigation, Mary Doe is identified only as a minor. She has used hormone therapy and puberty delaying drugs.

According to the lawsuit, no state considers gender-affirming care medical treatment as child abuse. The majority of mainstream mental and medical professionals are unanimous in their belief that providing care for women who affirm gender saves lives, and lowers suicide risk.

According to the DFPS it had opened nine child welfare investigations under Abbott’s policies.