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Removing trans-identified child from Catholic parents' home sets 'dangerous precedent': attorney
Christian Post ^ | 02/21/2024 | Samantha Kamman

Posted on 02/21/2024 8:09:53 AM PST by SeekAndFind

An Indiana Catholic couple whose child was removed from their home following disagreements over their son expressing a desire to identify as the opposite sex are asking the U.S. Supreme Court to hear their case.

Parents Mary and Jeremy Cox follow the Bible’s teachings on human sexuality, ascribing to the belief that God designs humans as male and female. Because of their religious beliefs and adherence to biological reality, they could not abide using feminine pronouns to identify their son, who demanded to be called by a female name after he told his parents in 2019 that he identified as a girl.

In 2021, the Indiana Department of Child Services initiated an investigation into the parents following a report that they weren’t affirming their son’s chosen identity as a girl. The boy was eventually removed from his parents’ care and placed in a home that affirmed his self-declared gender identity.

According to the law firm Becket, the parents have filed a petition with the Supreme Court asking the justices to hear the case, stating that “this Court should grant this petition and affirm its precedents on the right of fit parents to custody of their children.”

In the petition, the attorneys argue that if the Supreme Court does not intervene, other states might use a statute similar to Indiana’s to justify removing a child from the home if their parents adhere to biological reality and refuse to affirm their child’s self-declared gender identity.

The attorneys highlighted that the state “found the parents fit but still removed the child over an ideological dispute: a disagreement over gender identity.” The parents also agreed that their son, identified in the petition as A.C., needed mental health treatment for various health concerns, including an eating disorder.

According to the petition, A.C.’s eating disorder worsened while in state custody, and his parents believe they are better able to care for him and ensure he receives proper medical treatment.

“This is what every parent is afraid of. We love our son and wanted to care for him, but the state of Indiana robbed us of that opportunity by taking him from our home and banning us from speaking to him about gender,” the parents said in a statement. “We are hopeful that the justices will take our case and protect other parents from having to endure the nightmare we did.”

In an interview with The Christian Post, Laura Slavis, an attorney representing the parents, said the law firm hopes the Supreme Court will vacate the lower court rulings in the parents’ case.

“And that way the precedent would no longer exist, the cases would no longer exist,” Slavis told CP. “And the parents would no longer have any legal consequences flowing from this custody proceeding that happened against them.”

After Child Services received reports in May 2021 that A.C.’s parents were verbally and emotionally abusing the child for identifying as a member of the opposite sex, the agency subsequently filed a Child In Need of Services petition. The agency argued that A.C.’s physical and mental condition was “seriously impaired” due to his parents’ alleged neglect, and his physical and mental health were also in danger.

A trial court determined in June 2021 that the boy should be removed from his parents’ custody due to the parents’ “inability, refusal or neglect to provide shelter, care, and/or supervision at the present time.”

Later in the case, during a hearing on Nov. 15, 2021, the agency agreed to dismiss several allegations. However, the court still ruled that the boy remaining in the parents’ care would be “contrary” to his welfare. At a dispositional hearing in December, the court left in place a previous order prohibiting the parents from discussing their child’s gender identity during visitations with their son.

An Indiana Appeals Court later upheld that the restriction on the parents’ religious instruction was permissible under state and federal constitutions. After the Indiana state Supreme Court declined to take the case, the Coxes sought help from the highest court in the nation.

According to Slavis, if the Supreme Court doesn’t take the case, it will set a “dangerous precedent” that any state could use to remove a child from the home based on the parents’ religious beliefs.

“It also raises serious concerns about speech,” the attorney said about the case. “Speech between a parent and their child in the home, about the parents’ religious beliefs.

"There are two major issues in this case: One is about the fact that the child is taken away just because of the parents’ religious beliefs on human sexuality. And the other is what a parent can speak to their child about in the confines of their own home,” she continued.

“And so, we think that it’s important that this case be addressed and a very clear message be sent that this is unconstitutional so that other states can’t rely on the precedent.”


TOPICS: Culture/Society; Government; News/Current Events; US: Indiana
KEYWORDS: becket; becketlaw; childabuse; children; christianpost; cox; idcs; insanity; jeremycox; lauraslavis; leftwingnuts; lgbt; lgbtiq; lgbtq; marycox; mutilation; parentalrights; thechristianpost; transgender; waroncatholics; waronchristians
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1 posted on 02/21/2024 8:09:53 AM PST by SeekAndFind
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To: SeekAndFind

The Indiana DCFS Director reports to and serves at the pleasure of the Governor. Why didn’t he step in and fire a few people?

L


2 posted on 02/21/2024 8:11:10 AM PST by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: SeekAndFind

People of faith should not put their children into the government school.

It’s NOT a “mission field”.

It is an INDOCTRINATION center!


3 posted on 02/21/2024 8:11:17 AM PST by Westbrook (The Democrats are wizards at two things: Finding votes and losing evidence.)
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To: SeekAndFind

WE are the (neo) Marxists now


4 posted on 02/21/2024 8:12:14 AM PST by PGR88
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To: SeekAndFind

Where in Indiana was this?

This is nowhere to be found in the local media. (Naturally)


5 posted on 02/21/2024 8:14:26 AM PST by Skywise
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To: SeekAndFind
“...nor the free exercise thereof...”

Seems pretty clear to me.

6 posted on 02/21/2024 8:14:37 AM PST by Bloody Sam Roberts (The Truth is like a lion. You don't need to defend it. Let it loose and it will defend itself.)
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To: SeekAndFind

If “Catholic” papa Frank finds out about it he’ll side with Child Services against the Christian parents.


7 posted on 02/21/2024 8:14:47 AM PST by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: SeekAndFind

It’s not just a religious belief it’s a scientific fact.

How frightening that weak minded fools would interfere in children’s lives just because something weird has become “trendy”.

Only insane people would believe that boys now have become girls because they say so.


8 posted on 02/21/2024 8:16:54 AM PST by Williams (Stop Tolerating The Intolerant)
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To: SeekAndFind

[[”There are two major issues in this case: One is about the fact that the child is taken away just because of the parents’ religious beliefs on human sexuality. And the other is what a parent can speak to their child about in the confines of their own home,” she continued.]]

there is a 3rd issue- the right of parents to discipline their children without the state stepping in and calling it “harrasing, and/or verbally and emotionally abusive”


9 posted on 02/21/2024 8:20:27 AM PST by Bob434
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To: Tell It Right
After Child Services received reports in May 2021 that A.C.’s parents were verbally and emotionally abusing the child for identifying as a member of the opposite sex, the agency subsequently filed a Child In Need of Services petition.

I imagine there is a devious, ideological, and queer teacher(s) at school who is preying upon this boy, who is confused or weak, to convince him he is "trans," and sow dissent and make a point against his "conservative" parents.

And they are doing it with all the complete protection of the state bureaucracy, teachers unions and "whistleblower" laws.

10 posted on 02/21/2024 8:20:58 AM PST by PGR88
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To: Skywise

RE: This is nowhere to be found in the local media. (Naturally)

You can read the details of the case here:

https://becketnewsite.s3.amazonaws.com/20240215202036/2024-02-15-Reply-Brief-for-Petitioner.pdf


11 posted on 02/21/2024 8:23:02 AM PST by SeekAndFind
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To: Skywise

MORE HERE:

https://www.becketlaw.org/media/parents-turn-to-supreme-court-for-justice-after-child-is-removed-by-state/


12 posted on 02/21/2024 8:23:43 AM PST by SeekAndFind
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To: SeekAndFind
The boy was eventually removed from his parents’ care and placed in a home that affirmed his self-declared gender identity.

I'm guessing that's all we will ever find out about the person or persons getting custody. I feel sorry for the kid who already has problems, and may be facing much worse problems in the future because of this unjustified action by the state.

13 posted on 02/21/2024 8:27:33 AM PST by Fresh Wind (Nothing says "Democracy" like throwing your opponent into jail.)
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To: SeekAndFind

Who identified the child as “trans”?


14 posted on 02/21/2024 8:33:37 AM PST by JimRed (TERM LIMITS, NOW! Finish the damned WALL! TRUTH is the new HATE SPEECH!)
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To: SeekAndFind

No mention was made of a very important point: the age of the boy. Typically, an “unruly youth” can seek and be granted “emancipation” from their parents at age 16.

This also avoids interference from the state’s child services. And it frees the parents from legal responsibility as well as liability for actions by their child.

The boy is now 18, and it took a while to find that out.


15 posted on 02/21/2024 8:47:27 AM PST by yefragetuwrabrumuy ("All he had was a handgun. Why did you think that was a threat?" --Rittenhouse Prosecutor)
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To: Westbrook

The state can come after your kids regardless of whether they are in a public school or not. This ruling effectively gives the state authority to remove a child from a home of the parents don’t “affirm” the gender that the child desires. This where we are folks…a nation where every self-absorbed, neurotic desire (as long as it is believed strongly enough) must be foisted on society under the threat of penalties.


16 posted on 02/21/2024 8:51:05 AM PST by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
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To: SeekAndFind

Transgenders are ANTI-GOD! It’s saying they don’t like who GOD MADE THEM!


17 posted on 02/21/2024 9:07:48 AM PST by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: metmom

Ping to your “another reason to homeschool list”! This nightmare scenario and potential legal precedent is game-set-match for home schooling!!!


18 posted on 02/21/2024 9:34:19 AM PST by Ronaldus Magnus
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To: Lurker

I can think of other instances where it seems reasonable to take up arms against the local authorities. DCFS agencies have earned a notorious rep for willfully endangering children by either returning them to dangerous homes or refusing to remove children when it’s absolutely indicated.


19 posted on 02/21/2024 10:31:21 AM PST by DPMD (ua)
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To: Bishop_Malachi
Quote: Right, but where do you suppose the kid got the idea in the first place?
20 posted on 02/21/2024 10:38:09 AM PST by Westbrook (The Democrats are wizards at two things: Finding votes and losing evidence.)
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