I have no problem with employers hiring and firing in the best interest of the company. But that's not the full extent of the problem, when we see politicians engineering new social laws. For instance, should a Christian parent lose custody of their child for misgenderimg them with the wrong pronoun?
A Catholic couple in Indiana is asking the Supreme Court to hold the state accountable for keeping their child out of their home after they declined to use his chosen name and pronouns.
nypost.com
"in 2021, Indiana officials began investigating the Coxes after a report found they were not referring to their child by his preferred gender identity, removing the teen from their custody and placing him in a “gender-affirming” home."
Here's some additional details from
M.C. v. Ind. Dep't of Child Servs. (In re A.C.), No. 22A-JC-49 | Casetext Search + Citator
[¶4] The FCM prepared a preliminary inquiry report (PIR), which indicated the following: 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from an eating disorder for the past year but had yet to be evaluated by a medical professional; the Parents had withdrawn Child from school, and DCS was unaware of the family's intent to enroll Child in a new school for the upcoming school year; Child had been in therapy, but the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; Mother said things such as
"[Child's preferred name] is the [bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse] that killed my son"; and Child "would be more likely to have thoughts of self-harm and suicide if [Child] were to return to the family home due to mental and emotional abuse." Id. at 14-15. The PIR also indicated that Mother stated that the family was planning to work with a doctor at a clinic for eating disorders, but Mother
refused to sign any consents so that DCS could verify any medical concerns or past therapy services. Id. at 14.
[¶5] On May 28, 2021, DCS filed a proposed CHINS petition in the trial court, alleging that Child was a CHINS on two bases: Child's physical or mental condition was seriously impaired or seriously endangered due to the Parents' neglect pursuant to
Indiana Code Section 31-34-1-1 (CHINS-1) and/or Child's physical or mental health was seriously endangered due to injury by the Parents' acts or omissions pursuant to Section 31-34-1-2 (CHINS-2).
Id. at 23.
[¶6] On June 2, 2021, the trial court held a combined initial and detention hearing, at which it found that there was probable cause to believe that Child was a CHINS and that Child's detainment was necessary to safeguard Child's health. At the close of the hearing, the trial court cautioned the Parents to avoid discussing Child's transgender identity during visitation. Following the hearing, the court issued the Initial/Detention Order finding that it was in Child's best interest to be removed from the home due to the Parents'
"inability, refusal or neglect to provide shelter, care, and/or supervision at the present time." Id. at 29. The Initial/Detention Order also ordered that Child keep the current appointments to address Child's eating disorder and for a psychological evaluation and that the Parents "have unsupervised visitation so long as certain topics are not addressed."
Id.
[¶7] On October 26, 2021, DCS filed a motion for leave to amend the CHINS petition to add an allegation that Child was substantially endangering Child's own health and that Child was a CHINS pursuant to the CHINS-6 statute. The motion indicates that
the amendment was appropriate because Child's eating disorder was worsening, Child had lost "a significant amount of weight," Child was throwing away and hiding food and neglecting to eat full meals, and Child did not believe that Child had an eating disorder, had lost weight, or needed treatment. Id. at 40. The Parents did not object to the amendment. The trial court granted the motion.
So it seems clear that the emotional and physical wellbeing was being put before before the parent's idiosyncratic views which is entirely appropriate and in no way violates their constitutional rights.
[¶2] We conclude that the Parents' appeal of the Initial/Detention Order is moot and decline to address it. As for the Dispositional Order, we conclude that it is not clearly erroneous and that it does not violate the Parents' constitutional rights. Accordingly, we affirm.