Mary and Jeremy Cox, a couple from Anderson, Indiana, find themselves at the center of a legal battle involving the custody of their transgender daughter. The Coxes, who hold strong Christian beliefs, prefer raising children according to their biological sex and are opposed to using pronouns or names that don’t align with this. Their disagreement with their teenager led to a clash with the Indiana Department of Child Services (DCS), and now the case could potentially be heard by the U.S. Supreme Court.
The Coxes are challenging a court order that prevents them from discussing their beliefs about sex and gender with their children. This restriction, they argue, infringes on their right to free speech. The case highlights the broader, contentious issues surrounding parental rights in Indiana, especially on topics like vaccination, school curricula, and transgender youth’s gender-affirming care.
The central issue of the case is the disagreement over gender identity between the Coxes and their daughter. An Indiana court decided to remove the teenager from her parents’ custody, citing concerns over a severe eating disorder and her feeling unsafe at home. The Indiana Court of Appeals upheld this decision, pointing out the serious risk to the child’s physical, mental, and emotional health due to the family discord.
Joshua Hershberger, representing the Coxes, argues that the case challenges the courts’ excessive control over parental rights. He contends that parents should have the freedom to raise their children based on their beliefs.
In 2021, the Coxes lost custody of their then-16-year-old daughter following a DCS petition that accused them of endangering the teen’s physical and mental health. The investigation found that the teenager suffered from an untreated eating disorder and had thoughts of self-harm due to the family’s conflict over her gender identity.
Despite the Coxes beginning to seek treatment for their daughter’s eating disorder and looking for a new school and therapist, a county judge decided that the teen should be removed from her home. This decision was based on a DCS recommendation for a placement affirming her gender identity.
The teen’s condition worsened by October 2021, with significant weight loss and food-related issues. However, the abuse allegations against the Coxes were eventually dismissed. Even so, the judge kept the teen out of her parents’ home, citing ongoing concerns about her wellbeing.
The Indiana Court of Appeals ruled that the Coxes’ parental rights were not violated. They stated that while parents have the freedom to practice their religious beliefs, they cannot do so in a way that harms their child.
The Coxes are now appealing to the U.S. Supreme Court, arguing that the state’s interference is unwarranted and infringes upon their rights to raise their child according to their religious beliefs and judgment. Their daughter, now an adult, has been out of the home for over two years and has the choice not to return even if the court’s ruling is reversed.
The Indiana Attorney General’s Office, representing DCS, is expected to respond to the Coxes’ petition. The case has also inspired a bill in Indiana, aiming to protect parental rights in cases involving gender-affirming care for transgender children, although it failed to pass. The case’s outcome remains uncertain, with the Coxes hoping for a Supreme Court review.
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DISCLAIMER: Author is under many pen names. This article was rewritten based on these links: Indiana parents asking U.S. Supreme Court to take case involving custody of trans teen (msn.com)