Monday, June 13, 2011
Right to Proper Medical Care for Transgender Children
Does the Constitution grant parents, acting on their sincerely-held religious beliefs, the right to deny their minor transgender children access to medical care that the children need for their lifelong well being?
Could the state supersede its judgment for parents who refuse to let their transgender child transition on religious or non-religious grounds?
Could a transgender child whose parents refuse to allow her to transition petition a court to be declared an adult with authority to make medical decisions for herself?
Law review articles:
1. The Doctor Won't See You Now: Rights of Transgender Adolescents to Sex Reassignment Treatment, Sonja Shield, 31 NYU Review of Law & Social Change 361 (2007).
2. Because We Say So: The Unfortunate Denial of Rights to Transgender Minors Regarding Transition, Amanda Kennedy, 19 Hasting Women's Law Journal 281 (2008).
3. Statistically Speaking: The High Rate of Suicidality among Transgender Youth and Access Barriers to Medical Treatment in a Society of Gender Dichotomy, Mary Huft, 28 Child. Legal Rights Journal 53 (2008).
4. Transgender Youth, Adolescent Decisionmaking, and Roper v. Simmons, Maureen Carroll, 56 UCLA L. Review 725, (2008-2009).
5. Elective Surgery -- When Parental and Medical Opinion Supersedes a Child's Right to Choose, Danielle Hawkes, Journal of Law and Family Studies (2009).
6. Empty Promises? How State Procedural Rules Block LGBT Minors from Vindicating Their Substantive Rights, Sara Jeruss, 43 University of San Francisco Law Review 853 (2008-2009).
Posted by Jane at 4:54 AM