The Texas Supreme Court on Friday blocked a deposition that aimed to identify the people or group behind the Texas Transgender Student Union, which mailed pamphlets to Texas households in mid-October that a West Texas prosecutor said appeared designed to motivate conservative voters ahead of the Nov. 3 midterm elections.
The court intervened 15 minutes before questioning was to begin, acting on an emergency motion filed Thursday, according to Mimi Marziani, a lawyer for the Transgender Education Network of Texas (TENT). The court did not explain its decision.
TENT hopes the deposition would reveal the organizers of 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, urged students to contact advocacy groups if their parents opposed their gender identity. Online backlash, much of it directed at TENT, followed from leading conservative commentators.
Marziani said TENT believes it now has enough information to sue some of those responsible, but declined to answer specific questions before any litigation was filed.
The blocked deposition was the second ordered by Travis County District Judge Jan Soifer. An earlier deposition revealed that text messages referencing TENT's website were sent on behalf of the Republican Women Caucus Fund and an individual named John Braun. Both the fund and Braun, a Republican Washington state senator whose campaign shares a treasurer with the fund, denied involvement in statements.
Marziani said TENT believes the texts and mailers originated from the same entity, though no evidence linking them has emerged.
West Texas District Attorney Sarah Stogner opened a forgery investigation into the mailers last week. She said the pamphlets appeared designed to motivate conservative voters ahead of the Nov. 3 midterm elections. Marziani said TENT was cooperating with that investigation.
According to the Texas Supreme Court's Friday order, TENT has until 10 a.m. Monday to respond to the student union group's emergency motion. The motion was filed by Chris Hilton, a lawyer who formerly worked for Texas Attorney General Ken Paxton and represented Paxton during his 2023 impeachment trial.
Analysis
Why This Matters
- The blocked deposition leaves the group behind the mailers unidentified, potentially preventing accountability for what prosecutors deem deceptive electioneering.
- The case tests legal limits on anonymous political speech when it involves misrepresentation of an advocacy group.
- The forgery investigation and potential lawsuit could affect how third-party groups operate in future Texas elections.
Background
The Texas Transgender Student Union formed in September and began sending mailers and text messages in October, less than three weeks before the November 3 midterm elections. The materials used the name and imagery of the Transgender Education Network of Texas without authorization, sparking backlash and a forgery investigation.
Key Perspectives
- Transgender Education Network of Texas (TENT): Seeks to identify the group behind the mailers, believes the materials were an attempt to mislead voters and harm the organisation, and is cooperating with the forgery investigation.
- West Texas District Attorney Sarah Stogner: Has opened a forgery investigation and said the pamphlets appeared designed to motivate conservative voters.
- Republican Women Caucus Fund and Sen. John Braun: Deny any involvement with the texts or mailers.
- Chris Hilton (attorney for the student union group): Filed the emergency motion that led to the Supreme Court block; he formerly represented Texas Attorney General Ken Paxton.
What to Watch
- TENT's Monday deadline to respond to the emergency motion at the Texas Supreme Court.
- Whether TENT files a lawsuit and whether the deposition will eventually be allowed.
- The outcome of the forgery investigation and any potential charges.
Checked
12 claims in this story checked against 1 source: 11 supported.
Show each claim
- SupportedThe Texas Supreme Court blocked a deposition seeking the identity of the organizers behind the transgender mailers.Texas Tribune: “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”
- SupportedThe court blocked questioning of the group behind the Texas Transgender Student Union.Texas Tribune: “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”
- Partly supportedTENT vowed legal action.Texas Tribune: “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.”
- SupportedThe court blocked the deposition on Friday.Texas Tribune: “The Texas Supreme Court on Friday blocked a deposition”
- SupportedThe court intervened 15 minutes before questioning was due to begin.Texas Tribune: “the Supreme Court temporarily blocked the order 15 minutes before the questioning was to begin”
- SupportedThe emergency motion was filed Thursday, according to Mimi Marziani.Texas Tribune: “The Supreme Court, which did not explain the reasons for its ruling, acted on an emergency motion filed late Thursday, said Mimi Marziani”
- SupportedThe Supreme Court did not explain its decision.Texas Tribune: “The Supreme Court, which did not explain the reasons for its ruling”
- SupportedThe Texas Transgender Student Union mailed pamphlets in mid-October.Texas Tribune: “the Texas Transgender Student Union, which in mid-October mailed pamphlets”
- SupportedWest Texas District Attorney Sarah Stogner said the pamphlets appeared designed to motivate conservative voters ahead of the Nov. 3 midterm elections.Texas Tribune: “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.”
- SupportedThe student union formed in September in Wyoming and had an address linked to a Houston-area post office box.Texas Tribune: “the student union, which formed in September in Wyoming and had an address linked to a Houston-area post office box”
- SupportedThe mailers included a photo of TENT members used without permission.Texas Tribune: “The mailers, which included references to TENT and a photo of its members used without permission”
- SupportedTENT believes it has enough information to sue some of those responsible, but Marziani declined to answer specific questions before litigation was filed.Texas Tribune: “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.”