PROTECT TRANS KIDS - A Post Amicus Brief from Legal Services
by Megan Dawson
LRP has recently had a chance to expand our legal work, strengthen our partnerships with other organizations and advocate for trans youth. We were contacted earlier this year by an attorney representing a child in foster care navigating this system in a rural county. Let’s call him Jack. Jack was in the process of trying to reunite with his parents (the goal in most dependency cases), but he wanted the Court to let him use male pronouns and his name in the case. His parents did not agree with this. We see this a lot in our work.
He had asked the Court to respect his name and pronouns, and to get a haircut. We sent his attorney to resources like the Gender Clinic at Children’s Hospital in Seattle. The Court was presented with extensive evidence that supporting a child’s gender identity is in their best interest, and that children as young as 3 can know their gender. The Court ruled that Jack could cut his hair, but that he couldn’t possibly know his gender because of his age (he’s in elementary school).
He appealed. Working with some amazing local advocates, we weighed in by drafting an Amicus Brief that laid out why the Judge had really gotten it wrong. The Appeals Court agreed with us. They ruled that he could use his name and pronouns in Court but his parents wouldn’t be forced to use them. Instead, for kids in foster care, a lot of services are usually needed to support a safe return home, and family therapy and education would be the best bet to make sure he could go home.
We’re excited by this decision because it expands on jurisprudence affirming a child's right to determine their gender: it’s a deeply personal decision that cannot be determined by the Court or parents. The Court also stopped using the outdated “preferred pronoun” language seen in nearly all other Court decisions - and instead uses “correct pronouns”. We’re very happy to see a footnote that recognizes that pronouns are not a preference but a person’s pronouns, full stop. In Washington Courts, a young man like Jack is respected.