SCOTUS Will Not Hear a Case From Indiana Parents Who Lost Custody of Their Trans Child | Them

This blog originally appeared at THEM.

The Attorney General’s office of the state has stated that the child was taken out of custody due to the development of a severe eating disorder, stemming from their parents’ refusal to acknowledge the child’s transgender identity.

On Monday, the Supreme Court declined to review the appeal of two Indiana parents who lost custody of their transgender child in 2021. The parents, who hold the belief that children should be raised according to their assigned sex at birth, had their case dating back to 2019. Mary and Jeremy Cox from Anderson, Indiana, revealed that their then 14-year-old child identified as a trans girl. Despite being devout Christians, the Coxes refused to acknowledge their child’s identity, leading to prolonged conflict. Attorneys for the Department of Child Services (DCS) stated that this conflict ultimately resulted in the child developing a severe eating disorder, leading to both parents losing custody in 2021.

In 2022, the Indiana Court of Appeals upheld the decision by the Department of Child Services (DCS) to remove a child from her parents’ care. The court found that her eating disorder stemmed directly from emotional distress and lack of support at home. According to the ruling, Mary Cox made comments to her child such as “[child’s preferred name] is the bitch that killed my son.” The court concluded that a custody order was necessary to safeguard the child’s physical and emotional well-being, emphasizing that while the Coxes are entitled to their religious beliefs, they cannot exercise them in a manner that harms their child.

On Monday, the Supreme Court declined to hear the Coxes’ petition, affirming the 2022 Court of Appeals decision. The Court provided no explanation for its rejection. Attempts to obtain comment from the Indiana Attorney General’s office were unsuccessful prior to publication.

Recent studies suggest that rates of disordered eating are elevated among transgender individuals compared to cisgender people, particularly affecting trans youth aged 18-22. As noted by essayist Aerin Cho in a 2021 piece for Them, eating disorders can serve as a means of exerting control over one’s body, especially for young trans individuals facing parental reinforcement of shame and negative body image. Research also indicates a correlation between parental shaming and abuse and increased rates of eating disorders, irrespective of transgender identity.

The Coxes faced another setback in court following the failure of a bill they supported, which was grounded in arguments for parental religious freedom. The bill, HB 1407, championed by the couple, did not advance through the state legislature last year and was shelved in committee in 2023. HB 1407 aimed to affirm Indiana parents’ authority to oversee the upbringing, education, healthcare, and mental health of their children without interference from the government.

The Supreme Court’s decision coincides with the beginning of LGBTQ Health Awareness Week, organized annually by the National Coalition for LGBTQ Health. This year, the event spans from March 18 to 22. Additionally, on Monday, the Court rejected the appeal of Couy Griffin, co-founder of the right-wing activist group “Cowboys for Trump,” who was ousted from public office in New Mexico after his involvement in the failed coup attempt on January 6, 2021.

https://www.them.us/story/supreme-court-will-not-hear-case-from-parents-who-lost-custody-their-trans-child

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