Fiduciary Parenting of Transgender Youth

43 Pages Posted: 25 Nov 2024

See all articles by Ethan J. Leib

Ethan J. Leib

Fordham University School of Law

Date Written: November 23, 2024

Abstract

This Article aims to evaluate whether parents of minors who identify as transgender have moral duties to help their children achieve social or medical transition and whether they have moral permissions to take a more oppositional posture--and, if so, under what conditions. Very child-centered theories of parenting might recommend that children should get to make their own decisions without parental gate-keeping; and very parent-centered theories of parenting might recommend that parental interests or values are appropriate to guide decision-making, instead. A particular account of fiduciary parenting, the view developed and defended here, does not require that parents always accede to their children's demands for gender transitions. However, parents have obligations stemming from their fiduciary role to evaluate their children's demands with careful deliberation, conscientiousness, and sensitivity to dynamic change. In particular, children can require from their parents a decision procedure that properly orients parents towards children's welfare rather than parents' own and a decision procedure that also doesn't center "irreversibility" as a core anchoring mechanism, an entailment of careful and conscientious deliberation. It is an essential moment--as the Supreme Court is about to take up state bans on gender-affirming care for minors--to gain more clarity about how "first-responder" parents should be managing demands from their children about their gender expressions.

Suggested Citation

Leib, Ethan J., Fiduciary Parenting of Transgender Youth (November 23, 2024). Available at SSRN: https://ssrn.com/abstract=5032197 or http://dx.doi.org/10.2139/ssrn.5032197

Ethan J. Leib (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States

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