Indiana parents are asking the Supreme Court to weigh their case after the state government removed their child from his home after he began identifying as transgender, according to a new petition.
When Mary and Jeremy Cox's son adopted a self-proclaimed female identity in 2019, the Catholic couple refused to agree with their son's declaration. In 2021, the Indiana government began investigating the Cox family after learning that the parents did not accept their son's chosen identity – and the government subsequently removed their son from their home and placed him in a home that “confirmed” his transgender identity.
The trigger for the state's deportation of their son was allegations of abuse against the Cox family, which were eventually dropped, although, according to the Becket Fund, the state still argued that “the disagreement over gender identity was distressing for their child and contributed to his eating disorder.” contributed”. for Religious Freedom, which announced that the Cox family filed its petition with the Supreme Court on Thursday.
“That's what every parent is afraid of.” “We love our son and wanted to take care of him, but the state of Indiana took away that opportunity by taking him away from home and banning us from discussing gender issues with him,” they said the parents in a press release.
The couple's attorneys claimed Indiana ultimately concluded the parents were “suitable” to raise their child, referred to in the filing as “AC,” but “removed the child nonetheless because of the ideological dispute.”
“Although Indiana found all allegations of abuse and neglect to be unfounded, it refused to return AC to plaintiffs’ home and substituted the state’s judgment for the judgment of recognized healthy parents,” the Supreme Court petition reads.
Indiana claims the Cox dispute is now moot because their child is now 18, but the parents are now trying to hold the state accountable.
“But if Indiana is right, all child welfare cases will no longer be reviewed once the child turns 18. This is a textbook that can be repeated but defies scrutiny,” the couple’s lawyers wrote.
The filing describes the dispute as one of “statewide significance” and argues that Indiana's response to the conflict violated free speech and religious freedom.
“If this can happen in Indiana, it can happen anywhere,” Lori Windham, vice president and senior counsel at Becket, said in the group’s news release.
“To tear a child away from loving parents because of religious beliefs shared by millions of Americans is a violation of the law, parental rights and basic human decency,” Windham added.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
The Supreme Court receives thousands of petitions each year and typically hears between 60 and 70 cases per term. The justices have already accepted most of the cases they will hear this term. So if they were to allow the case, it would likely be reserved for oral argument next term.
Judges have recently avoided a number of transgender-related litigation filed in their chambers. In January, the Supreme Court declined to consider a separate Indiana dispute over a transgender student's attempt to use preferred restrooms.
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