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

By Ashley Killough, CNN

Dallas (CNN) — The blue and pink pamphlets began arriving in mailboxes across Texas around Saturday, October 17, just two days before early voting began on October 19. They were addressed to the student at each household.

“TEXAS TRANS & LGBTQ+ STUDENT RESOURCE GUIDE” was in bold on the front with intertwined hands underneath.

“Begin your journey,” another section of the pamphlet said, “with an organization trusted by students.”

But the Transgender Education Network of Texas, the nonprofit whose name is plastered throughout the brochure, forcefully denied it created or mailed the pamphlets.

Questions have arisen about who was behind the pamphlet, which quickly ignited a firestorm on social media with parents outraged that children were receiving controversial information.

Critics have argued it was a move to trigger conservative voters and drive them to the polls in a tight election. In historically red Texas, a state President Donald Trump won three times by double digits, Republican turnout is critical due to unusually competitive races at the top of the ticket.

“Texas voters are being deceptively targeted and tricked en masse,” TENT’s lawyer wrote in a court document.

The pamphlets included information about emancipating from parents and receiving gender affirming care out of state.

Inside were photographs from the TENT’s events and merchandise, including the nonprofit’s logo and “Trans Texas” branding. The return address was a Houston address nearly identical to TENT’s own address. Just one digit was removed.

Days earlier, text messages also using TENT’s likeness were sent out to phones across the state, according to court documents.

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

A civil court judge in Texas ruled Tuesday that TENT can subpoena the LLC to find out who is behind the flyers, according to CNN affiliate WFAA. The nonprofit described the use of its organization’s name, materials, and branding as “unlawful” in a petition filed with the court last week.

Chris Hilton, an attorney for the LLC and former assistant attorney general in Ken Paxton’s office, argued before the judge Tuesday that the pamphlets should be considered free speech and disclosing the identity of those behind them would “cause harm,” according to WFAA. The judge denied the LLC’s attempt to dismiss the case.

CNN has reached out to Hilton for comment.

Paxton, the current Texas Attorney General, is running for Senate against Democrat James Talarico.

“This is just potentially another day of dirty politics”

Since the pamphlets and texts went out, TENT said in a court document that its group has seen “an onslaught of hate and violent threats.” It had to deactivate its website, retain counsel and suspend normal programing.

Listed above the return address on the pamphlet was the name of another group — The Texas Transgender Student Union, an LLC that was registered in Wyoming just last month. CNN reached out to an email listed with the group’s paperwork to form the LLC.

Sarah Stogner, a Republican district attorney in West Texas, opened a criminal forgery investigation last week over the pamphlets.

“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,” she told CNN. “The people that are mentioned in this brochure are having to shut down.

“There could be real potential violence incited because people who never would have known that these organizations existed are now thinking that these organizations are targeting them and sending them marketing material.”

Deborah Owens, a voter who identified herself as conservative Democrat from Collin County, said she didn’t receive the pamphlet at her house but she saw several people on social media who posted about it and read reports about the unknown senders.

“I think it’s kind of sickening that they would do something like that, potentially, because they know it strikes a chord with people,” she said.

It’s unclear how influential the pamphlet will be in terms of voter turnout, but several voters told CNN they wouldn’t be surprised if the pamphlets motivated conservatives to go vote.

Republicans are facing tougher-than-expected contests in Texas, with Trump campaigning in the Lone Star State Tuesday. Democrats are hoping to snap a 32-year statewide losing streak in the Senate and governor’s races.

“I think for most people it would trigger a response, especially conservatives,” said Cynthia Richardson of Richardson, Texas. “So, I mean, if it gets more conservatives out to vote, I’m all for it. Because a lot of Christians won’t go vote because they think politics is not part of being a Christian, and it really is.”

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