Mary Miller’s bill would block child-welfare removals over biological sex
Introduced Monday, the bill would bar federally funded state child-welfare systems from removing children from fit parents simply because their parents affirm the child’s biological sex.
Rep. Mary Miller (IL-15) introduced the Yaeli Martinez Child Protection Act on Monday1. The Iowa Standard reports that Yaeli Martinez, the bill’s namesake, was a California teenager who was separated from her mother amid a dispute over her gender identity2, spent years in California’s child-welfare system2, and died by suicide at 19 in 20192. Miller says it protects parents from being punished by state child-welfare systems for affirming a child's biological sex or shielding the child from irreversible medical procedures2.
What the bill would change
The bill would clarify that affirming a child's biological sex does not constitute child abuse2. It would bar federally funded state child-welfare systems from removing children from fit parents simply because the parents affirm the child's biological sex2. Foster and adoptive families could not be denied placement solely for that reason2. It would also amend the Parental Kidnapping Prevention Act to stop states from wrongfully asserting custody over a child2. States would face federal funding consequences, and families would get a private right of action for violations2.
The publication's view
Family Brief holds that the family comes before government. The bill's findings say state agencies and courts have removed children from fit parents because they refused to affirm a child's rejection of sex3. Parents should ask their representative whether they will stand with Miller and her cosponsors on the Yaeli Martinez Child Protection Act.
Record & context
Twelve House Republicans signed on as original cosponsors, among them Reps. Josh Brecheen, Sheri Biggs and Barry Moore2. The listed supporting organizations include American Principles Project, Concerned Women for America and Moms for Liberty2.
OneBC’s Oct. 20 proposal would remove gender identity from B.C. law, schools, sports and medical practice for minors, putting parental authority and women’s and girls’ rights at stake.
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