Texas Supreme Court blocks deposition intended to identify group behind transgender mailers

The Texas Supreme Court on Friday blocked a deposition intended to unearth the identity of the people or group behind the Texas Transgender Student Union, which in mid-October mailed pamphlets purporting to support trans students but appear to be an attempt to rile conservative voters.

A Travis County district judge ordered the deposition earlier this week, but after lawyers for the student union group objected, the Supreme Court temporarily blocked the order 15 minutes before the questioning was to begin.

The Supreme Court, which did not explain the reasons for its ruling, acted on an emergency motion filed late Thursday, said Mimi Marziani, a lawyer for the Transgender Education Network of Texas, or TENT. In preparation for an anticipated lawsuit, TENT hopes to learn the identity of the organizers for the student union, which formed in September in Wyoming and had an address linked to a Houston-area post office box.

The mailers, which included references to TENT and a photo of its members used without permission, were addressed to “students” of Texas households and encouraged them to speak with a “safe adult” or one of several advocacy groups if their parents don’t support their gender identity.

Online backlash, much of it directed at TENT, followed from leading conservative commentators.

While the person or group behind the Wyoming organization is still unknown, Marziani said TENT feels it now has enough information to sue some of those responsible. She declined to answer specific questions before any litigation was filed.

A forgery investigation into the mailers was opened last week by West Texas District Attorney Sarah Stogner, who said the pamphlets appeared to be designed to motivate conservative voters ahead of the Nov, 3 midterm elections. Marziani said TENT was cooperating with the investigation.

The deposition blocked Friday was the second ordered by Travis County District Judge Jan Soifer.

Before the controversial mailers arrived in Texas homes, text messages were sent statewide similarly referencing TENT’s website, prompting a Republican state lawmaker to call for an investigation into the organization. The first Soifer-ordered deposition revealed that the texts were sent on behalf of the “Republican Women Caucus Fund” and an individual named John Braun.

The Republican Women’s Caucus Fund denied involvement with the texts or mailers in a statement to The Texas Tribune. A Republican Washington state senator named John Braun, whose campaign shares a treasurer with the caucus fund, also denied involvement in a statement to The Texas Observer. Marziani said TENT believes the texts and mailers — sent less than a week apart — originated from the same entity but acknowledged that as of now there is no evidence linking the two.

TENT has a 10 a.m. Monday deadline to respond to the student union group’s emergency motion to the Texas Supreme Court, according to its Friday order. The motion was filed by Chris Hilton, the lawyer representing the Wyoming group who formerly served in Texas Attorney General Ken Paxton’s Office and represented Paxton during his 2023 impeachment trial before the Texas Senate.