by Moriah O’Hare, Associate Counsel • 2 minutes
On December 7, First Liberty will be at the Supreme Court arguing on behalf of parents in the case of International Partners for Ethical Care, Inc. v. Ferguson.
This monumental case challenges Washington laws that allow minors who run away from home to obtain access to “gender affirming treatment” without requiring parental notice or consent.
This law, which permits the state to intentionally withhold crucial information, directly impacts parental authority.
Parents who believe that disagreement over a particular issue could cause a child to run away may reasonably begin to change how they relate to their children under the shadow of that possibility. They may become more reluctant to enforce rules, impose consequences, or even engage in difficult conversations for fear that doing so would lead the child to run away.
The 9th U.S. Circuit Court of Appeals dismissed this concern, characterizing the parents’ injury as “self-inflicted.”
Decades of social science research suggests otherwise. A minor running away is not an isolated event. Parental-notification laws affect the way that children behave.
More than that, moms and dads do not make decisions in a vacuum. Rather, their behavior is shaped by the incentives, risks, and consequences that they perceive. When they perceive conflict with their child and think that their child may run away, they are more likely to capitulate and alter their behavior.
Fear can change parenting. When they are constantly fearful, they often become hesitant to raise children consistent with their beliefs.
Research on family dynamics has shown that parents’ expectations about how children will respond to discipline influences the boundaries they set and the consequences they impose. When the perceived cost of enforcing a rule rises, parents may become more permissive. What might appear to be a voluntary decision to “self-inflict” an injury may rather be a predictable response to a changed environment.
Because of the Washington laws, parents now face a choice that did not previously exist: raise their children according to their beliefs and risk losing parental involvement or betray their convictions and preserve the relationship.
A child does not actually have to run away for that choice to affect a family. The possibility itself can change how parents behave. A mom or dad who fears losing involvement in a child’s care may hesitate to say “No,” impose discipline, or challenge the child on difficult issues.
Washington has changed what can happen when a child runs away from home. By changing those consequences, the State may change how parents exercise their authority long before any child actually leaves.
