The United States Supreme Court declined to hear the appeal case of a couple from Indiana who argued that their transgender daughter was taken away from them unfairly. The couple claimed that the reason for their daughter’s removal was because of their religious beliefs, but the lower courts didn’t agree with them.
The case centers around the Indiana Department of Child Services’ decision to take Mary and Jeremy Cox’s 16-year-old transgender daughter out of their care. The Indiana couple believed that children should be raised according to the sex they were assigned at birth.
In 2021, the Indiana Department of Child Services received reports of abuse related to a transgender teenager’s identity. Following this, a judge ordered the teen to be removed from their parent’s custody due to concerns about an eating disorder. The judge ordered that the teenager receive treatment for the eating disorder and participate in individual and family therapy.
The State also dropped allegations of parental abuse or neglect. However, it argued that the teenager’s eating disorder might worsen if returned to the parent’s custody. The parents were instructed not to discuss transgenderism with their child outside of therapy sessions because of the perceived connection between those conversations and the eating disorder.
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On the other hand, the Coxes claimed their religious and parental rights were violated. However, the courts sided with the State, which led to a legal battle. According to court papers, she was labeled as a “child in need of services.”
The Supreme Court turned down the appeal from the teenager’s parents. They had cautioned that similar situations to theirs were likely to happen again “due to developing conflicts between parents and their children concerning gender identity.”
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“With increasing frequency, governments run roughshod over parents’ religious beliefs on gender identity, including removing children from parents, favoring certain beliefs in divorce custody disputes, and preventing adoptions,” lawyers for Mary and Jeremy Cox told the court in their appeal. “These cases are sure to proliferate.”
But the State argued that the parents, who describe themselves as devout Christians, did not lose custody because of their beliefs. Instead, it was due to the urgent need to address the teenager’s severe eating disorder from a medical point of view. The State further argued that the custody dispute was now irrelevant since the teenager, who was 16 years old when removed from the home, is now an adult.
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In a statement issued after the Supreme Court’s denial, the Coxes referred to their child as “our son.” They also said that losing custody of their teen “because of their beliefs will stay with us forever.”
“We can’t change the past, but we will continue to fight for a future where parents of faith can raise their children without fear of state officials knocking on their doors,” the Coxes said. Following the refusal of the appeal, Indiana Attorney General Todd Rokita, whose responsibility includes defending state agencies, expressed sympathy for the Coxes.
“We always protect parental rights and religious liberty. Neither we nor the Indiana courts believe that the State can remove a child because of a parent’s religious beliefs, views about gender identity, or anything of the sort,” Rokita said in a statement. He also added that the record showed the State’s actions were driven by the teen’s “extreme eating disorder.”
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