Judge orders Texas Transgender Student Union to sit for deposition

A Travis County judge ordered a representative of the Texas Transgender Student Union to sit for a deposition under oath and answer questions regarding a series of mailers and text messages distributed across Texas earlier this month, The Texas Tribune reported.

Travis County District Judge Jan Soifer issued the ruling late Tuesday, siding with the Transgender Education Network of Texas, commonly known as TENT. The organization requested the legal action after receiving severe backlash, including threats of violence, over pamphlets that appeared to come from TENT but were actually distributed by the Wyoming-registered group.

The controversy centers on a wave of political communication deployed right as early voting got underway. The mailers, addressed to “students” in homes across Texas, began arriving on October 17. They offered resources for LGBTQ+ youth, including sections encouraging minors to speak with advocacy groups or trusted adults if their parents did not support their gender identity, alongside information about legal emancipation.

Disputed Text Messages and Legal Arguments

In addition to the mailers, TENT sought to identify the sender of unsolicited text messages that arrived on phones across Texas starting October 12. These texts advertised guides on navigating school bathrooms and gender-affirming care while linking directly to TENT’s website without the organization’s authorization or knowledge.

Pamphlets purporting to come from a transgender rights organization — mailed to families across Texas and igniting criticism from conservatives — came from a company formed last month in Wyoming. The Texas Transgender Student Union listed a Houston-area post office box as the…

— https://x.com/TexasTribune/status/2112696500828385412

Soifer ordered Infobip, a messaging company whose client facilitated the texts, to respond to written deposition questions. TENT had previously issued a cease-and-desist letter demanding that Infobip halt the messaging campaign and disclose its client.

During Tuesday’s court proceedings, legal representation for the Texas Transgender Student Union argued that a deposition would violate the group’s First Amendment right to anonymous speech. The organization was registered in Wyoming last month and lists a mailing address tied to a Houston post office box. Chris Hilton, a former lawyer for Texas Attorney General Ken Paxton’s office who also served on Paxton’s defense team during his 2023 impeachment trial, is representing the Wyoming group.

Despite these arguments, Soifer denied the group’s motion to dismiss the case and ordered a representative to sit for a Zoom deposition later this week, according to a TENT spokesperson. The Wyoming group plans to appeal the decision to the Austin-based 3rd Court of Appeals.

Midterm Political Fallout and Criminal Inquiries

While the pamphlets and text messages did not explicitly mention any specific political candidates or ballot measures, their timing during the opening window of early voting drew intense scrutiny. Republican politicians have increasingly positioned Democratic support for transgender rights as a central issue in the midterm elections, amplifying questions regarding the true motives behind the anonymous campaign.

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The situation has drawn law enforcement attention outside of Travis County. In West Texas, Republican District Attorney Sarah Stogner opened a criminal investigation into the mailers, characterizing them as apparent forgeries intended to influence voters.

Legal battles and appellate reviews surrounding the identity of the campaign’s backers are expected to continue later this week.