NC House bill would protect parental rights in raising children based on biological sex

A bill on the move in the North Carolina House this week aims to protect parents and caregivers from legal consequences for raising children in alignment with their biological sex.

Senate Bill 442 passed the NC Senate in a largely party-line vote in May and this week passed through the House Health Committee on June 17.

The measure stipulates that parents or caretakers are not guilty of a misdemeanor or felony child-abuse charge for raising a child consistent with his or her biological sex, including related mental health or medical decisions. The bill would also maintain safeguards against acts that cause serious physical or mental harm, such as inflicting serious injury or creating a substantial risk of harm.

SB 422 would also prohibit adoption agencies from denying or delaying adoption opportunities or placements based on race, color, or national origin of the adoptive parents, or based on the adoptive parents’ refusal or unwillingness to support a child’s gender transition.

“In looking around the country, we have seen instances where parents, in fact, have lost custody of their child simply because they didn’t agree with the transitioning of a child with gender dysphoria,” said Sen. Amy Galey, R-Alamance, who is one of the bill’s primary sponsors.

Galey emphasized that the bill is straightforward and aims to support healthier outcomes for children by allowing parents to act without fear of legal penalties. 

“It’s not a complicated bill. It’s simple,” Galey said. “I think it leads to better mental health outcomes in the long run for children, because parents will not be chilled or be penalized if they seek out appropriate mental health treatment for their children. They don’t have to betray their own religious values.”

Rep. Carla Cunningham, D-Mecklenburg, also expressed her support, focusing on the primacy of parental rights.

“As long as a child is not being harmed, neglected, or abused, the parent has the authority to practice their religious beliefs and cultural norms within their home until the child becomes an adult at age 18,” she said.

Not every lawmaker agreed on the necessity of the bill. Some Democrats raised concerns about its potential impact on children whose identities may not align with their biological sex. 

Rep. Sarah Crawford, D-Wake, questioned whether the bill might impede important follow-up measures from health care and child welfare services in ensuring the well-being of children. 

“I’m concerned about the emotional harm that could be done to that child if their gender identity is not supported in their household,” Crawford said during the House committee discussion. 

Responding to Crawford’s concerns, Galey reiterated that the foundational principle of the bill is to protect parents from losing custody due to their deeply held values or decisions in seeking appropriate care for their children. 

“Sometimes parents have to direct their children in ways they disagree with, and the most important thing is that parents don’t have to worry about those decisions leading to the removal of their child from their home by the state,” said Galey.

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