Viewing the Family Court Experiences of Affirming Parents and Their Transgender and Gender Diverse Children Through the Lens of Intersectionality

Abstract

An intersectionality framework was utilized to investigate how sexism, racism, classism, and anti-transgender bias played a role in one custody case involving a transgender child. This case study—the story of a Black Latina affirming mother, who underwent a seven-year custody battle with the white father of their biracial transgender daughter—provided an opportunity to consider ways that intersecting biases can work to oppress affirming parents and their transgender and gender-diverse (TGD) children through the family court system. Such custody decisions are happening amidst the larger political climate, which has become deeply hostile and dangerous for TGD youth and their affirming families, perhaps in conjunction with, or as part of, the larger backlash against DEI advancements. Transformative suggestions are shared for addressing the existing inequalities and injustices in family court revealed through our analysis.