Parents are asking the Supreme Court to block Washington state laws they say let youth shelters keep parents in the dark when minors run away seeking 'gender-affirming care.' The justices will hear oral argument in Partners for Ethical Care v. Ferguson on Dec. 7.
The dispute centers on 2023 laws that expanded the state's 'compelling reasons' exception to include access to 'gender-affirming care.' Washington law generally requires youth shelters to notify parents within 72 hours when a runaway child arrives and to tell them the child's location and condition, with exceptions such as 'abuse or neglect.'
Five sets of parents sued to block the laws, arguing they violate parental rights. Lower courts dismissed the case for lack of standing, saying the parents had not shown a concrete injury. The 9th U.S. Circuit Court of Appeals upheld that ruling, calling the parents' current changes in parenting a 'self-inflicted injury.'
First Liberty Institute's brief says the laws created a 'Sword of Damocles' in parents' homes and changed how they parent because they fear their children will leave over disagreements about gender identity. The brief also says the laws create 'incentives for their children to run away,' which interferes with the parent-child relationship.
The parents point to the Supreme Court's March ruling in Mirabelli v. Bonta, where the court granted parents relief from school policies hiding students' claimed gender identities from their parents. Ryan Gardner, senior counsel at First Liberty Institute, said the same logic applies here.
Why it matters: The case puts parental rights, state power, and taxpayer-backed shelter rules on a collision course. If Washington's policy stands, the state keeps more control over family decisions. If the parents win, states will face tighter limits on using bureaucracy to override mothers and fathers.