Indiana parents Mary and Jeremy Cox have petitioned the U.S. Supreme Court to review their case after their trans-identified child was removed from their home by the Indiana Department of Child Services. The Coxes, devout Christians, faced the removal of their child in June 2021 following disagreements over their child’s gender identity.
The DCS initiated an investigation into the Cox household over the parents’ refusal to use their son’s self-declared female name and pronouns after he decided to start identifying as a girl, according to Indiana Family Institute, which is supporting the parent’s case. The trial court removed the child from the Coxes’ custody, citing concerns over the child’s well-being in an environment not affirming his self-declared gender identity.
This decision was upheld by the Indiana Court of Appeals, which ruled that the restriction on the parents’ religious instruction was permissible under state and federal constitutions.
The Indiana Supreme Court declined to review the case, prompting the Coxes to seek intervention from the U.S. Supreme Court.
The petition, filed by IFI’s General Counsel Josh Hershberger, argues for protecting parental rights, free speech and the free exercise of religion. The Coxes assert in the petition, “No other fit parent should lose custody of their child or face a government muzzle on their deeply held religious beliefs and best judgment. M.C. and J.C. have exhausted every other remedy and are gravely concerned that the state of Indiana will come for their other children. This Court’s intervention is needed.”
The case has sparked controversy in Indiana, a state where trans rights and parental rights are hotly debated topics. The Coxes’ disagreement with their child, identified as A.C. in court records, allegedly led to a severe eating disorder and self-isolation, contributing to the court’s decision, USA Today reported.
During a June 2021 hearing, the Coxes showed documents to the court showing they had consulted an eating disorder specialist and were also looking for a new therapist, in addition to enrolling A.C. in a different school.
Despite the dismissal of abuse allegations by DCS, the court maintained its stance on not returning the child to the Coxes, citing the potential recurrence of the child’s eating disorder and self-isolation if returned home.
The Coxes’ attorney criticized the courts’ “arbitrary and almost absolute power” over parental rights, emphasizing the right of fit parents to raise their children according to their beliefs and judgment.
The case has also inspired legislation in Indiana, with House Bill 1407 aiming to prevent courts from removing trans-identified children from parents who refuse gender-affirming care. However, the bill did not pass.
The Indiana Attorney General’s Office, defending DCS in this case, has requested additional time until February to respond to the Coxes’ petition.
The case’s outcome could have significant implications for parental rights in the United States. The Supreme Court is expected to decide by April whether to take the case. The Supreme Court reviews fewer than 1% of the roughly 10,000 petitions submitted annually.
“The right and responsibility of parents—and not the state—to raise their children according to their beliefs is a biblical, pre-political principle that must be protected in Indiana law,” IFI says, quoting Ephesians 6:4, which reads: “Fathers, do not provoke your children to anger, but bring them up in the discipline and instruction of the Lord.”
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