Colorado Bill Would Force Judges To Consider 'Misgendering' a Form of 'Coercive Control' in Custody Cases
The bill, the Kelly Loving Act, requires that "when making child custody decisions and determining the best interests of a child for purposes of parenting time, a court shall consider deadnaming, misgendering, or threatening to publish material related to an individual's gender-affirming health-care services as types of coercive control." Since the bill defines coercive control as a "pattern of threatening, humiliating, or intimidating actions, including assaults or other abuse, that is used to harm, punish, or frighten an individual," it would essentially force judges presiding over custody disputes to consider it form of child abuse when a parent refuses to use a child's chosen name.
"In some custody disputes, 'misgendering' or 'deadnaming' could be part of the kind of 'coercive control' courts can consider—a pattern of threatening, humiliating, or intimidating actions used to harm, punish, or frighten," Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression, tells Reason. "But treating that speech as inherently coercive or abusive, regardless of context, risks punishing parents simply for disagreeing with the state's preferred views on gender. That veers into constitutionally suspect territory."
The bill leaves little room to allow judges to look at conflict over a child's gender identity on a case-by-case basis—including the possibility that a parent may object to their child's social transition for perfectly understandable reasons. Instead, the law would automatically take the side of the affirming parent and brand the resistant parent as essentially abusive.
But children identify as transgender for a wide range of reasons, and transition isn't the right answer in every case, especially as many clinicians themselves disagree about whether unquestioning affirmation is the correct solution for every case of childhood gender dysphoria. "Not only are there an increase in numbers of kids coming to gender clinics—and there are more gender clinics, particularly in North America—but the composition of the population coming to the gender clinics has changed from a fairly homogeneous group of kids to a very heterogeneous group of kids dominated by natal females," a clinical psychologist and former president of the United States Professional Association for Transgender Health told Reason earlier this year. "There are some of us who feel that we don't have a sufficient evidence base to decide which of these heterogeneous kids are best suited for medicalization."
Terr points out that, even if people find misgendering offensive, the state shouldn't try to punish people for engaging in speech it doesn't like. "The First Amendment largely exists to protect controversial and unpopular speech," Terr says. "If the government could punish people for saying things that cause offense—or compel them to speak against their beliefs—it would hand officials of every political stripe a blank check to silence dissent. That puts everyone's rights at risk."
The post Colorado Bill Would Force Judges To Consider 'Misgendering' a Form of 'Coercive Control' in Custody Cases appeared first on Reason.com.
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Politico
an hour ago
- Politico
Are Christian nationalists targeting women's right to vote?
Happy Friday. Thanks for keeping up with us! As always, reach out with thoughts, questions, offerings: ecordover@ and klong@ This week we examine the theocratic, patriarchal movement making waves in Washington. Last week, Defense Secretary Pete Hegseth reposted a CNN interview of his pastor, Christian nationalist Doug Wilson, writing 'All of Christ for All of Life.' In the video, church members discussed why they believe women shouldn't be allowed to vote — a tenet of Wilson's main church, Christ Church in Moscow, Idaho. In the CNN segment, Wilson, who founded a network of churches in the late 1990s called the Communion of Reformed Evangelical Churches, or CREC, said 'women are the kind of people that people come out of.' He has written several books on marriage, masculinity and childrearing, along with blog posts with titles like 'The Lost Virtues of Sexism.' 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The public support for Christian nationalism from high-ranking members of the White House cabinet is alarming for civil rights advocates, political scientists and Christians alike who say it could impact policy, further gender inequality and promote fear among women. 'To have the Secretary of Defense repost this message is especially worrisome ... because it resonates so strongly with this notion of threat. What role does Pete Hegseth see the military playing in carrying out, in enforcing, in reinforcing this Christian nationalist understanding of women's submission?' Traci West, professor emerita of Christian Ethics and African American Studies at Drew University Theological School, tells Women Rule. A 2024 study from the Public Religion Research Institute found that a 'key aspect often linked to Christian nationalism is adherence to patriarchal ideals.' 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The Hill
7 hours ago
- The Hill
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'This ruling is certainly a setback for fundamental rights in America,' Everett Kelley, president of the American Federation of Government Employees, the largest federal employee union, said in a statement earlier this month. Unions had argued that Trump was using national security as a pretext to go after organizations that have been vocal in challenging many other administration policies. But a panel of the 9th Circuit Court of Appeals agreed to a Trump administration request to lift the last of several lower court injunctions that broadly blocked implementation of the order. The panel rejected arguments that Trump's order and an accompanying fact sheet blaming 'hostile' unions for trying to 'obstruct agency management' were a sign of the true aim of the order. 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Trump fired the Democratic-appointed chair of the FLRA, Susan Grundmann, in February, despite her confirmation to a five-year term. Though a lower court initially reinstalled her, an appeals court in June removed her from her post while the legal battle continues. Unions are still hopeful that courts will ultimately side with their arguments that Trump's move is largely a retaliatory effort, but in the meanwhile, with the order now in effect, agencies can halt the collection of dues and are no longer communicating with union leads. Papp said she feels the plain language of the executive order makes clear the intent. In the fact sheet, the White House wrote that 'unions have declared war on President Trump's agenda' and that while he supports 'constructive partnerships with unions who work with him; he will not tolerate mass obstruction.' 'They don't like unions that don't get in line,' Papp said. 'They don't like unions that didn't support Trump when he was running for election, and so it has nothing to do with national security. It has to do with going after unions who gave Trump a hard time by filing lawsuits, by filing grievances, and it's plain in the language that came out with the executive order.' But she said some of the union's members worry about their affiliation and have declined to have a union representative present at disciplinary hearings. Nurses at the VA also see it as a response to their pushback on Trump plans they said would diminish care for patients. 'This is just the latest salvo in the battle to break the spirit of working people in this country,' National Nurses United said in a statement after their contract was among the first to be terminated following the court ruling. 'Nurses never abandon our patients, and we will continue to fight for the funding and safe staffing levels that our patients deserve. As union nurses, we understand that collective bargaining rights are fundamental to carrying out our critical role as patient advocates.' Despite the perception by many in the GOP of unions as left-leaning organizations, this week the Republican National Congressional Committee (NRCC) noted a shift. 'The Teamsters contributed to the NRCC and a sprawling list of House Republicans – signaling a monumental shift of working class voters towards the GOP,' the organization highlighted in an email. Beyond the court battles, unions are hopeful Congress could take up a discharge petition that would force the House to take a vote on a bill that would overturn Trump's March order. Though Democrat-led, the bill has also secured seven GOP co-sponsors, enough to pass the House if it was brought to the floor. Two Republicans have also backed the discharge petition effort: Reps. Brian Fitzpatrick (R-Pa.) and Don Bacon (R-Neb.). 'I know that everyone who co-sponsored this legislation, no matter their party, did so because they know workers' rights are worth defending. They know that when workers collectively bargain, the result is a fairer workplace with dignity and respect. They know this order undermines core American values and leaves workers open to unfair treatment and political interference,' Rep. Jared Golden (D-Maine), who is leading the legislation, said in a press conference highlighting the effort. 'If every member who signed onto this bill shows the courage of their convictions and joins us, we can overturn this union-busting executive order.'
14 hours ago
Supreme Court allows Mississippi to require age verification on social media
WASHINGTON -- The Supreme Court on Thursday refused for now to block enforcement of a Mississippi law aimed at regulating the use of social media by children, an issue of growing national concern. The justices rejected an emergency appeal from a tech industry group representing major platforms like Facebook, X and YouTube. NetChoice is challenging laws passed in Mississippi and other states that require social media users to verify their ages, and asked the court to keep the measure on hold while a lawsuit plays out. There were no noted dissents from the brief, unsigned order. Justice Brett Kavanaugh wrote that there's a good chance NetChoice will eventually succeed in showing that the law is unconstitutional, but hadn't shown it must be blocked while the lawsuit unfolds. NetChoice argues that the Mississippi law threatens privacy rights and unconstitutionally restricts the free expression of users of all ages. A federal judge agreed and prevented the 2024 law from taking effect. But a three-judge panel of the 5th Circuit U.S. Court of Appeals ruled in July that the law could be enforced while the lawsuit proceeds. It's the latest legal development as court challenges play out against similar laws in states across the country. Parents and even some teenagers are growing increasingly concerned about the effects of social media use on young people. Supporters of the new laws have said they are needed to help curb the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety. Mississippi Attorney General Lynn Fitch told the justices that age verification could help protect young people from 'sexual abuse, trafficking, physical violence, sextortion and more,' activities that Fitch noted are not protected by the First Amendment. NetChoice represents some of the country's most high-profile technology companies, including Google, which owns YouTube; Snap Inc., the parent company of Snapchat; and Meta, the parent company of Facebook and Instagram. NetChoice has filed similar lawsuits in Arkansas, Florida, Georgia, Ohio and Utah. Paul Taske, co-director of the NetChoice Litigation Center, called the decision "an unfortunate procedural delay.' 'Although we're disappointed with the Court's decision, Justice Kavanaugh's concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment — not just in this case but across all NetChoice's ID-for-Speech lawsuits," he said.
