Metro Weekly

Supreme Court to Hear Challenging Transgender Youth Runaway Law

Parents challenging the law claim it interferes with their parental rights by allowing their children to access "protected health services" without their knowledge.

Supreme Court - Photo: WLDavies via iStockphoto
Supreme Court – Photo: WLDavies via iStockphoto

The U.S. Supreme Court has agreed to take up a case challenging the constitutionality of a 2023 Washington State law regarding how to respond to transgender youth who run away from home –which critics claim subverts parental rights — during its 2026-2027 term.

The high court will review a 9th U.S. Circuit Court of Appeals decision upholding a lower court’s dismissal of International Partners for Ethical Care, Inc. v. Ferguson, a case challenging the law’s constitutionality.

The 2023 law requires operators of emergency shelters contact the state, rather than a minor’s parents, if they run away due to a need for “protected” health care, including gender-affirming care or reproductive health care.

Under the law, any youth shelter provider who knows that the minor is away from a lawfully prescribed residence or home, without the permission of their parents, is required to promptly report the child’s location, and their physical and emotional condition, to their parents within 72 hours — preferably within 24 hours, and work towards achieving family reunification. 

However, if there are compelling reasons not to notify the parent, such as possible abuse or risk of harm to the minor, the shelter or organization housing the youth must instead notify the Washington Department of Children, Youth and Families. In those cases, the department allows youth to remain in stable, emergency housing and can make referrals for youth who are seeking out or receiving protected health care services.

As part of the appeal, the plaintiffs in the case — which include two organizations that oppose gender-affirming care for minors and several parents of children — have asked the high court to also examine related state guidelines for reuniting runaway youth with their families, and a longstanding state law that allows children as young as 13 to receive outpatient treatment without a parent or guardian’s consent.

As reported by the Washington State Standard, opponents of the law have mischaracterized the shelter law as an attempt by the state to seize custody of children whose parents object to them receiving gender-affirming care, with the plaintiffs in the case claiming it infringes on their parental rights by “hiding” their children from them and keeping them in the dark about decisions regarding their children’s health.

But as The Associated Press previously reported, the law does not address custody and will not result in children being forcibly removed from the home. Rather, the bill is primarily concerned with ensuring that youth who have run away or been kicked out by their parents can remain in shelters.

In its ruling last year, the 9th U.S. Circuit Court of Appeals upheld the dismissal, ruling that the parents bringing the lawsuit cannot sue until their children have actually run away and are being affected by the laws they seek to challenge — rather than a mere hypothetical situation that has not yet occurred.

But the group supporting the plaintiffs, America First Legal — founded by Trump advisor Stephen Miller — argued that the Supreme Court must take up the case, claiming that the 9th Circuit’s decision “forces parents to wait until severe, permanent damage to their child has already occurred before parents may bring the matter to court.”

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