“. . . . . The paradox is not lost on the affected families that the politicians who invoke “parental rights” when moving to ban books, buck vaccine mandates or challenge local school boards are the very same people trying so hard to curtail autonomy for families of transgender kids.
“It’s parents’ rights as long as you live the kind of life we want you to live, and that’s what’s scary,” Ms. Jackson said. “What will they do next, when they don’t have us as the scapegoat anymore?”
Ms. Jackson believes the legislative push is motivated by white Christian nationalism, and sees it as having the potential to spread to other communities. Maybe, she suggested, they’ll turn their attention to preventing Muslim kids from praying in public buildings, or choose yet another group to single out.
“The parental rights they’re taking away from me today,” she added, “they’re going to take away from you tomorrow.”
Parents, most reasonable people would agree, get the deciding vote on serious decisions made by their minor children. Some parents, at least. The ones who think like us. Not the other ones, obviously.
The American Civil Liberties Union, for example, is waging a parental-rights-based court battle against states that ban gender-affirming care for children. At the same time, though, the organization is advocating children’s rights in cases where education officials have decided against informing parents that their children have come out as trans at school.
There is some logic to this apparent contradiction. Children enjoy limited rights independent of their parents, although defining their scope is an ongoing judicial process. With medical associations warning that gender-affirming care can prevent suicide, it may be possible to argue that refusing it could constitute abuse.
That could be a tough case to win, though. Ours is a nation that prizes parents’ rights, in both culture and legal precedent. The United States takes such a dim view of children’s rights that we’re the only member state in the United Nations that has steadfastly refused to ratify the Convention on the Rights of the Child.
“We have a longstanding tradition of parental autonomy,” said Stacey Steinberg, a law professor and director of the University of Florida’s Center on Children and Families. “Parents have a right to raise children as they see fit.”
These rights can stretch surprisingly far: Parents can make children work in dangerous conditions on family farms — operating heavy machinery, for example. Some Amish children have been removed from school after the eighth grade as a result of a U.S. Supreme Court ruling that prioritized the parents’ religious rights over the state’s interest in educating children. Parents can, under some circumstances, withhold medical treatments.
The recognition of transgender kids is relatively new, and legal precedent is scant, but related questions have been confronted by courts. During the decades when women were entitled to terminate pregnancies as a matter of constitutional right (before Roe v. Wade was overturned last summer), the court grappled with whether a minor needed parental approval for an abortion.
Parents, the court decided, should not get absolute control over a child’s desire to terminate a pregnancy. That meant, in practice, that many states created judicial workarounds allowing kids to ask permission directly from a local court in lieu of their parents.
“The unique nature and consequences” of abortion, the court found, meant it was inappropriate for parents to have “an absolute, and possibly arbitrary, veto over the decision.” ” . . . .