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Indiana Law Journal

Document Type

Note

Publication Date

Spring 2023

Publication Citation

98 Indiana Law Journal 1275 (2023)

Abstract

Anti-transgender discrimination and bias loom large in many areas of our society, but perhaps one of the most concerning settings is within the four walls of a courtroom. Evidence suggests that judicial decision making in custody determinations involving transgender children are influenced by anti-transgender bias. In this Note, I examine the current best practice for treating transgender children, the affirmative model, and explore the legal landscape of custody cases involving parents who disagree on how to treat their transgender child. I then suggest a model of comprehensive judicial education reform to help eliminate antitransgender bias from family courts in the United States.

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