Greg Abbott, in His Official Capacity as Governor of the State of Texas; Stephanie Muth, in Her Official Capacity as Commissioner of the Department of Family and Protective Services; And the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor; John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor; And Dr. Megan Mooney
Docket 24-0385
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Supreme Court
- Type
- Concurrence
- Case type
- Constitutional
- Disposition
- Vacated
- Judge
- Blacklock
- Docket
- 24-0385
Petitions for review from the Court of Appeals for the Third District of Texas challenging injunctions related to reporting of gender-transition treatments for minors.
Summary
The Texas Supreme Court concurred that the preliminary injunctions entered in two consolidated suits should be dissolved. The Chief Justice agreed that the private families’ claims are moot and that PFLAG lacks standing, but concluded that Dr. Megan Mooney likely retains standing to pursue at least part of her challenge to the Department of Family and Protective Services’ reporting rule. Nevertheless, because Texas law now outlaws the challenged treatments and higher courts have upheld such bans, he would vacate the injunctions on the merits as the legal landscape forecloses the plaintiffs’ theories.
Issues Decided
- Whether the preliminary injunctions regarding DFPS reporting of gender-transition treatments for minors should be dissolved.
- Whether PFLAG has standing to pursue the challenge to DFPS’s reporting rule.
- Whether Dr. Megan Mooney has standing to challenge DFPS’s determination that administration of gender-transition therapy is reportable as child abuse.
- Whether later statutory or precedential developments outlawing gender-transition treatments for minors render the plaintiffs’ claims moot or foreclose their legal theories on the merits.
Court's Reasoning
The Chief Justice agreed that the families’ claims are moot and PFLAG lacks standing, but identified an injury to Dr. Mooney based on an increased mandatory reporting obligation that likely suffices for standing. However, subsequent changes in the law—statutory bans and Supreme Court and state-court precedent upholding such bans—eliminate the legal basis for the injunctions. Because the challenged conduct has been criminalized and courts have upheld those bans, the injunctions are improper on the merits and should be vacated.
Authorities Cited
- State v. Loe692 S.W.3d 215 (Tex. 2024)
- United States v. Skrmetti605 U.S. 495 (2025)
- Texas Administrative Code — mandatory child-abuse reporting40 TEX. ADMIN. CODE § 707.451–.471
Parties
- Petitioner
- Stephanie Muth, in her official capacity as Commissioner of the Texas Department of Family and Protective Services
- Petitioner
- Texas Department of Family and Protective Services
- Petitioner
- Greg Abbott, in his official capacity as Governor of the State of Texas
- Respondent
- Mirabel Voe, individually and as parent and next friend of Antonio Voe
- Respondent
- Wanda Roe, individually and as parent and next friend of Tommy Roe
- Respondent
- PFLAG, Inc.
- Respondent
- Adam Briggle and Amber Briggle, individually and as parents and next friends of M.B.
- Respondent
- Jane Doe and John Doe, individually and as parents and next friends of Mary Doe
- Respondent
- Dr. Megan Mooney
- Judge
- Chief Justice James D. Blacklock
Key Dates
- Opinion filed
- 2026-04-24
What You Should Do Next
- 1
Consult counsel about standing and merits
Parties, especially Dr. Mooney, should consult an attorney to evaluate whether any non-moot claims remain and whether further relief is available given the intervening legal developments.
- 2
Consider appellate or rehearing options
If a party believes the vacatur or standing rulings are incorrect, they should assess whether to seek rehearing or file further appeals within the applicable deadlines.
- 3
Prepare for enforcement of prohibitions and reporting rules
Providers and families should plan to comply with current Texas law and DFPS reporting requirements now that the injunctions are dissolved.
Frequently Asked Questions
- What did the court decide?
- The court agreed the injunctions should be dissolved and vacated them, finding the legal landscape now bars the plaintiffs’ claims.
- Who is affected by this decision?
- The decision affects the named families, PFLAG, Dr. Mooney, and the Texas Department of Family and Protective Services, as it removes the injunctions that had limited enforcement of reporting or treatment restrictions.
- Can Dr. Mooney still pursue part of her case?
- The Chief Justice believed Dr. Mooney likely has standing to pursue at least some claims, but he would vacate the injunctions on the merits because later laws and precedents foreclose the relief she sought.
- What happens next?
- With the injunctions vacated, enforcement of the bans and reporting obligations may proceed; affected parties may consider available appellate or other remedies if any remain.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Supreme Court of Texas
══════════
No. 24-0384
══════════
Stephanie Muth, in her official capacity as Commissioner of the
Texas Department of Family and Protective Services, and the
Texas Department of Family and Protective Services,
Petitioners,
v.
Mirabel Voe, individually and as parent and next friend of
Antonio Voe, a minor; Wanda Roe, individually and as parent and
next friend of Tommy Roe, a minor; PFLAG, Inc.; and Adam
Briggle and Amber Briggle, individually and as parents and next
friends of M.B., a minor,
Respondents
~ and ~
══════════
No. 24-0385
══════════
Greg Abbott, in his official capacity as Governor of the State of
Texas; Stephanie Muth, in her official capacity as Commissioner
of the Department of Family and Protective Services; and the
Texas Department of Family and Protective Services,
Petitioners,
v.
Jane Doe, individually and as parent and next friend of Mary
Doe, a minor; John Doe, individually and as parent and next
friend of Mary Doe, a minor; and Dr. Megan Mooney,
Respondents
═══════════════════════════════════════
On Petitions for Review from the
Court of Appeals for the Third District of Texas
═══════════════════════════════════════
CHIEF JUSTICE BLACKLOCK, concurring.
I agree with the Court that the injunctions in these consolidated
cases, which this Court long ago stayed, must now be dissolved in their
entirety. I also agree with the Court that the families’ claims are moot
and that PFLAG lacks standing. In my view, however, Dr. Mooney
likely has standing sufficient for at least some of her case to proceed
against the Department of Family and Protective Services. I would
therefore reach the question of Mooney’s probable right to relief on the
merits and would vacate the injunctions because the merits point firmly
in the other direction.
As a licensed psychologist, Mooney is subject to the mandatory
child-abuse reporting regime administered by DFPS. See 40 TEX.
ADMIN. CODE § 707.451–.471. Her portion of the suit challenges, in part,
DFPS’s decision to make the administration of “gender-transition”
therapy to children reportable as child abuse. Mooney—who has a
history of counseling people considering these treatments—takes the
position that DFPS’s changed view of the matter violates the law.
Although I do not think she is right about that, I am inclined to view
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imposition by the government of an increased reporting burden of this
nature as an injury sufficient to confer standing. It seems to be an injury
to which Mooney remains subject, despite intervening developments in
the case.
I would nevertheless fully vacate the injunctions. Since these
cases were initiated, the conduct at issue—“gender-transition”
treatments for children—has been outlawed in Texas. Both this Court
and the U.S. Supreme Court have upheld such bans against
constitutional attack. State v. Loe, 692 S.W.3d 215, 239 (Tex. 2024);
United States v. Skrmetti, 605 U.S. 495, 525 (2025). Thus, since the time
of the injunctions, the law has developed in a way that forecloses the
legal theories animating this litigation, including Mooney’s portion of it.
In light of those developments, the sweeping temporary injunctions are
plainly improper on the merits. I therefore concur in the Court’s
decision to vacate the injunctions.
James D. Blacklock
Chief Justice
OPINION FILED: April 24, 2026
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