Texas Senate Bill SB2369

Texas 2019 - 86th Regular

Caption

Relating to consideration of a child's gender identity or expression in suits affecting the parent-child relationship and other proceedings involving children.

Impact

By enacting SB2369, Texas law will explicitly aim to protect children's gender identity and expression from influence in conservatorship determinations. The amendments will ensure that a history of acknowledging or not acknowledging a child’s gender identity cannot be used against a parent seeking custody or conservatorship. Additionally, the bill redefines what constitutes abuse, clarifying that a parent's stance on a child’s gender identity is not to be categorized as abuse within the legal context, thus reframing how family courts evaluate parental fitness.

Summary

Senate Bill 2369 seeks to address the consideration of a child's gender identity or expression within the legal framework governing suits affecting the parent-child relationship. Specifically, the bill amends various sections of the Family Code, prohibiting courts from taking into account a parent's acknowledgment or refusal to acknowledge a child's gender identity in custodial decisions. This legislative initiative raises significant implications for family law and the treatment of children's gender expression in legal processes.

Contention

The bill has sparked debate among lawmakers and advocacy groups. Proponents argue that SB2369 promotes the welfare of children by validating their gender identities and ensuring that courts focus on factors directly related to parenting capacity, rather than personal beliefs about gender. Conversely, critics express concern that the bill could undermine parental rights and beliefs, arguing that it imposes a standardized approach to gender identity that may conflict with familial values or religious beliefs. This contention reflects broader societal discussions on gender identity and parental rights in the contemporary legal landscape.