Guest Blog post by current Mediation-In-Training (MIT) Program, Nicola Simpson, B.A. (honors), M.A., J.D., LL.M.
“Family law professionals, including mediators, will increasingly be confronted with cases involving disputes over children’s gender identity and LGBTQ-related issues during separations and divorces. Mediators are tasked with helping parents navigate these complex matters while adhering to the fundamental principle of the best interests of the child.”
– Nicola Simpson, B.A. (honors), M.A., J.D., LL.M.
In recent years, discussions surrounding children, gender expression and LGBTQ issues in schools have gained significant attention in both Canada and the United States. Recent protests related to LGBTQ issues and gender identity have added additional layers of complexity to family law disputes. These conversations intersect with the rights of parents to be informed and make decisions regarding their children’s pronoun choices at school and the integration of LGBTQ-related topics into the curriculum.
Furthermore, lawmakers, family lawyers, physicians, family law mediators and other professionals will be called upon to play a more pivotal role in navigating these complex issues amidst an ever-evolving societal landscape, while also upholding the fundamental principle of the best interests of the child and balancing the rights of parties to autonomy and self-determination. In this article, we will explore the current state of affairs in both countries concerning these matters, incorporating real world issues and events to underscore their relevance.
Children, LGBTQ-related topics and gender expression in schools
Today’s children possess a more nuanced understanding of gender identity and expression than previous generations. Schools are adapting to this shift by fostering environments that encourage inclusivity and respect for diverse gender identities. However, three central questions remain: Should parents have a say in their child’s choice of pronouns at school? Should parents be given the option of excluding their child from LGBTQ-related topics in school curricula? To what extent should age and maturity play a role in these decisions?
In Canada, several provinces have implemented policies supporting transgender and gender-diverse students, allowing them to choose their preferred pronouns and names at school. These policies are seen as strides toward creating more accepting and affirming educational environments. In the United States, there is wide variation in policies from state to state. Some states have adopted inclusive policies, while others have introduced legislation that seeks to limit such freedoms. Legal battles and community discussions have underscored the tension between parents’ rights and children’s rights to express their gender identity at school.
LGBTQ issues in school curricula
The integration of LGBTQ-related topics into school curricula has gained momentum as educators recognize the importance of providing a comprehensive education that mirrors the diversity of human experiences. These topics often encompass areas such as LGBTQ history, anti-bullying programs and inclusive sex education. However, this inclusion remains a contentious issue in some communities.
In Canada, provinces are taking steps to integrate LGBTQ topics into their curricula, emphasizing the importance of teaching students about diversity, tolerance and acceptance from an early age.
Debates in some provinces about the specific content and age-appropriateness of these lessons continue. In the United States, there is stark polarization on this issue. Some states have adopted comprehensive LGBTQ-inclusive curricula, while others have seen fierce opposition from conservative groups and parents who believe that such topics should not be taught in schools. Legal challenges and public demonstrations have further ignited the debate.
Family law professionals and recent challenges
Family law professionals, including mediators, will increasingly be confronted with cases involving disputes over children’s gender identity and LGBTQ-related issues during separations and divorces. Mediators are tasked with helping parents navigate these complex matters while adhering to the fundamental principle of the best interests of the child. In both Canada and the United States, specialized training is encouraged for family law mediators handling cases involving LGBTQ families and gender-diverse children. Mediators are navigating challenges that arise when parents hold differing views on LGBTQ issues or their child’s gender identity. They must facilitate discussions that allow both parties to express their concerns and preferences while seeking a resolution that is equitable and respectful.
Challenges and autonomy in family law mediation
Family law mediators often confront challenges in respecting the autonomy and self-determination of the parties involved. Balancing these principles with the best interests of the child can be complex. In situations where one parent supports gender-affirming care for their child, while the other opposes it, mediators must carefully consider the child’s well-being, safety and mental health. They must ensure that the child’s voice is heard and their interests are prioritized.
Conclusion
The current state of affairs in both Canada and the United States regarding children, gender expression, LGBTQ issues in schools and family law mediation is not only complex but also deeply intertwined with societal values and evolving perspectives. These discussions underscore the need for open dialogue, informed decision-making and a commitment to creating inclusive and safe environments for all children, while also respecting the rights of parents and the autonomy of the parties involved. Ongoing debates in the United States and policy developments in Canada have highlighted the importance of addressing these issues within the context of family law disputes. As these complex matters are likely to make their way into family law disputes, they must remain vigilant in prioritizing the best interests of the child, while respecting the parties’ autonomy and self-determination. In an ever-changing society, it is crucial that these conversations continue to be at the forefront of our educational and legal systems, fostering a more inclusive and equitable future for all children and families.
