Texas nonprofit says it was impersonated in LGBTQ+ mailers. A judge cleared the way to find the sender

Texas nonprofit says it was impersonated in LGBTQ+ mailers

Earthguardiansonline.com – A Texas nonprofit says it was impersonated after mailers using the branding of the Transgender Education Network of Texas, or TENT, were delivered to households around the state shortly before early voting began. A Texas judge has allowed the group to seek records that could reveal who sent the materials.

The blue-and-pink pamphlets began arriving around October 17 and were addressed to students in each household. Texas early voting opened October 19. The front of the mailer described itself as a “TEXAS TRANS & LGBTQ+ STUDENT RESOURCE GUIDE” and included imagery of intertwined hands.

Nonprofit says its identity and materials were used without permission

TENT said it did not create, approve or distribute the pamphlets. According to the organization, the mailers used its name, logo, images and “Trans Texas” branding without authorization.

“Any and all materials are not affiliated with our organization and are impersonations,” TENT said in a website update.

The pamphlets included photographs from TENT events, merchandise images, and information about emancipation from parents and obtaining gender-affirming care outside Texas. The listed return address was a Houston address that closely resembled TENT’s address, with one digit removed.

The materials also referenced the Texas Transgender Student Union, an LLC registered in Wyoming the previous month. TENT said text messages featuring imagery associated with the organization had circulated across Texas before the mailers received broader attention.

As a result of the campaign, TENT said it received hate and violent threats, deactivated its website, retained legal counsel and paused normal programming. The Texas nonprofit says it was impersonated in a way that endangered staff, supporters and its ability to operate.

Judge allows subpoenas aimed at identifying the sender

A Texas civil court judge ruled Tuesday that TENT may subpoena the LLC as it tries to identify the people behind the flyers. The judge rejected the LLC’s attempt to dismiss the case.

Chris Hilton, an attorney for the LLC and a former assistant attorney general in Ken Paxton’s office, argued that the pamphlets were protected speech. He said disclosing the identities of people involved would cause harm.

The ruling does not determine who created the mailers or whether laws were broken. It permits TENT to pursue information that may identify the sender as separate criminal and civil questions continue.

Sarah Stogner, a Republican district attorney in West Texas, opened a criminal forgery investigation the previous week. She said the episode could be an example of political activity creating risks for people and organizations named in the brochure.

“This is just potentially another day of dirty politics that, in this case, may have gone a step too far because now you’ve got real people in danger,” Stogner said.

Election timing raises political concerns

The mailers appeared during a closely watched Texas election season. Attorney General Ken Paxton is running for the U.S. Senate against Democrat James Talarico, while Democrats seek to break a 32-year statewide losing streak in Senate and governor’s contests.

Critics have suggested the apparent goal may have been to provoke outrage among conservative voters and increase turnout. The Texas nonprofit says it was impersonated amid political messaging that it believes placed real people at risk.

Texas mailer investigation FAQ

What should Texans do if they receive one of the mailers?

People who receive a pamphlet can preserve it, including its envelope and return-address information, and follow updates from law enforcement or the organizations named in the material. The court case and criminal investigation may help establish who was responsible.

Did the judge decide who sent the LGBTQ+ mailers?

No. The ruling allows TENT to seek records through subpoenas, but it does not establish the identity of the sender or determine whether any law was violated.

Was TENT involved in distributing the pamphlets?

No. TENT said the materials were not affiliated with the organization and that its branding, images and name were used without permission.