The federalist

How Safe Are Your Parental Rights? It Increasingly Depends On Your Politics

Michigan voters will decide Tuesday whether children in that state can obtain puberty blockers at Planned Parenthood facilities without parental consent. Proposal 3 would also give Michigan children a constitutional right to be castrated or surgically sterilized — again, without the consent of a parent.  

Parental rights have become a fiercely contested battleground. Historically, your right to determine what’s in the best interest of your child has gone without question. It’s the oldest, most fundamental liberty we know, enshrined in legal doctrine since 1690.

But too often today, ideology determines whether your parental rights will actually stand in court. If a parent opposes her child’s desire to pretend to be the opposite sex, courts increasingly treat that parent’s rights as expendable. The sexual confusion of children overshadows parents’ rights to remain in their children’s lives as a potent force. 

In a courtroom down the hall, however, the rights of neglectful or drug-abusing parents are treated with kid gloves, under the theme of family preservation. Activist courts stand ready to protect your parental rights, but only when your narrative matches their own.  

‘I’m God in this Case’

Less than a year ago, Abigail Shrier shocked readers with her story of a California judge who stripped a father of his parental rights because he showed insufficient support for performing irreversible medical procedures on his sex-confused son. 

These cases are popping up all around the country. Sexual ideology is becoming the governing factor in a child’s placement, trumping the will and the voice of a parent. In a state whose governor was elected on a parental rights platform, Virginia Del. Elizabeth Guzman brazenly introduced a bill that would charge a parent who fails to affirm a child’s “sexual orientation or gender identity” with a felony. In California, Gov. Gavin Newsom recently signed legislation that makes his state a “refuge” for trans-identifying minors who seek irreversible medical procedures. Just make it to the Golden State … and there is nothing your objecting parents can do.  

One case in the sleepy university town of Charlottesville, Virginia, provides some insight into how a parent can suddenly get framed as “the bad parent” in a custody battle, merely for questioning a child’s sexual confusion.  

Sarah Schultz told me she spent more than a half-million dollars trying to retain joint custody of her 15-year-old daughter who first claimed she was bisexual and then began to question her sex. Schultz pled for a “wait and see” approach and for the right to have an influence in her daughter’s maturing adolescence.

Despite Sarah’s ex-husband’s earlier fentanyl overdose, she says, a judge gave primary custody of the daughter to her dad, who permitted both bisexual and heterosexual sleepovers. In the past four years, Schultz has seen her daughter fewer than five times. 

Schultz said the appointed guardian ad litem viewed her faith as a threat to her daughter’s emerging sexuality. “I’m God in this case,” Schultz recalled her daughter’s guardian ad litem saying. The court saw her daughter as a girl in an “authentic process to discover her identity,”


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