Transgender Girl Wins U.S. Supreme Court Ruling

The state of Indiana had removed her from anti-trans parents.

In 2019, the child of Mary and Jeremy Cox left them a note, saying she was transgender and wanted to transition socially from male to female. Mary and Jeremy describe themselves as devout Christians and strongly oppose the idea.

That’s putting it mildly. According to Indiana’s Department of Child Services, self-described “devout Christian” Mary Cox called her daughter “the b***h that killed my son.”

Denise* was fourteen when she came out, and the following two years in her parent’s home were marked by constant strife and rejection. The Illinois Department of Child Services described the situation as “sustained conflict.”

Denise developed a severe eating disorder (anorexia) that threatened her life. The parents put her in counseling for the eating disorder only. Denise appears to have made allegations of emotional and verbal abuse by the parents, which triggered action from Child Services. The mom was accused of disparaging Denise due to her being transgender.

Further allegations against the parents state “that Mother and Child both stated that Child had been suffering from an eating disorder for the past year but had yet to be evaluated by a medical professional; the Parents had withdrawn Child from school, and DCS was unaware of the family’s intent to enroll Child in a new school for the upcoming school year; Child had been in therapy, but the Parents had discontinued it; Child did not feel mentally and/or emotionally safe in the home.” (Quote from a public court ruling.)

Transgender kids, especially when their family opposes their gender identity, can be at significant risk. Self-harm, such as anorexia and contemplating suicide, is a great threat.

Some horrifying statistics:

• One in three trans kids has engaged in a suicide attempt or self-harm.
• Trans kids are twice as likely to think about and attempt suicide than LGB kids.
• Over 10% of transgender people have attempted suicide in the last year.
• Over two-thirds of trans kids report engaging in self-harm.

It was further alleged that the mother claimed they were planning on obtaining medical care but hadn’t in over a year and that the mother refused to sign medical releases, which would have allowed the state to investigate the claims further. On June 21, 2021, a court hearing resulted in a finding that Denise was at risk in her parent’s household, and she was removed from her parent’s custody. The court order further stated the parents could not discuss the child’s being transgender during weekly daytime visits.

Denise was placed in a home that affirmed her trans identity. The court order required the child receive counseling and that she be taken to all recommended medical appointments. However, after placement in an affirming home, the eating disorder sadly got worse.

On November 15th, 2021, another court hearing took place where the state and the parents entered an agreement, finding that the allegations of abuse were unsubstantiated, but the parents agreed to allow Denise to continue to be considered a “Child in Need of Services” (CHINS). That designation allowed the state to keep Denise in the affirming home and obtain the needed medical and counseling services. The court took limited testimony and then affirmed the agreement between the parents and the State.

Another hearing happened on December 5, 2021, which placed some additional requirements on the parents, including a requirement for family therapy and that the parents could not discuss being transgender with Denise unless they were at a counseling session. The court also ordered continuing care for the child’s Anorexia.

Attorneys for the parent then filed an appeal, asking the appellate court to reconsider everything that had happened. In particular, the parents claimed their free speech and religious rights under the Constitution were violated over their Catholic beliefs that being transgender was contrary to their beliefs and had to be opposed. Despite this being a private matter, it received media attention, particularly by Parental Rights and Religious Rights organizations. At least three of the attorneys who filed the appeals work for religious rights firms.

The Indiana State Appeals Court denied the parent’s appeal and found that the state did not violate the free speech and religious freedom of the parents. Attorneys for the parents appealed the decision to the United States Supreme Court, again, on the allegations of violations of Constitutional rights. The focus of the appeal was the rights of religious parents to misgender their transgender children and oppose a transgender child’s social transition.

On March 18, 2024, the U.S. Supreme Court rejected the appeal, thereby letting the previous decisions stand. The attorneys for the parents had hoped to obtain a ruling that allowed parents nationwide to oppose their children’s transgender Identity.

Fortunately, their efforts failed.

For now.

Because the Supreme Court is stacked with six conservative judges and only three judges who are considered progressive, transgender children of anti-trans parents had a close call. This issue will likely be raised in future appeals to the Supreme Court. It is essential that affirming parents and transgender allies continue to vote and advocate to protect our kids.

*The child’s name is changed here for privacy.

I’m an author, artist, and advocate who is also a trans woman. I used to be an attorney and a pastor…it’s a long story. Please follow me for details and consider buying me a beverage. It would be awesome if you bought my book. Love, Sophia