This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which provide a judicial bypass procedure. This Note posits that these remedies should be guaranteed for LGBTQ minors when life-altering or life-endangering choices are made by any parental figure or guardian.
Seeking Remedies for LGBTQ Children from Destructive Parental Authority in the Era of Religious Freedom,
26 Wash. & Lee J. Civ. Rts. & Soc. Just. 625
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol26/iss2/8