Abstract
As in most family disputes, parents who disagree about the best interests of gender-variant children generally both love and want the best for their child. These cases touch on profound beliefs about human dignity, tolerance, morality, and religious obligation. They also force an uncomfortable examination of the deeply entrenched social prejudice toward those who violate social gender norms. With the growing visibility of transgender and gender nonconforming children, an increase in parent custody disputes like these is inevitable. The polarized scientific views regarding what is best for transgender children will test the wisest and most cautious judge—who will certainly face intense criticism regardless of his or her ruling. But the difficulty does not diminish a court’s obligation to protect the interests of unique and vulnerable children like Ben and Sarah. Ready or not, these cases are coming. And ready or not, courts must consider them with genuine impartiality and compassion.
Recommended Citation
Skougard, Erika
(2011)
"The Best Interests of Transgender Children,"
Utah Law Review: Vol. 2011:
No.
3, Article 11.
Available at:
https://dc.law.utah.edu/ulr/vol2011/iss3/11