One area that has not been discussed a lot during the bills process is the way it limits speech during courtroom proceedings for child custody. I could not find any other law that limits the topics and information that can be discussed about a child’s well being. The bill ignores the fact that the American Psychiatric Association officially recognizes gender dysphoria. There is no other mental health or medical disorder or diagnosis that is barred from being discussed during custody hearings. Not one. Gary is picking the medical diagnoses he does not like. Period.
Sec. 3109.054. When allocating parental rights and responsibilities or parenting time, no
court shall deny or limit a parent’s parental rights and responsibilities or parenting time based on the
parent’s decision to do any of the following:
(A) Refer to and raise the child in a manner consistent with the child’s biological sex;
(B) Decline to consent to the child receiving gender transition services as defined in section
3129.01 of the Revised Code;
(C) Decline to consent to the child receiving counseling or other mental health services for
the purpose of affirming the child’s perception of the child’s gender or sex, if the child’s perception is
inconsistent with the child’s biological sex.
The same medical association whose services helps to determine who can and can’t stand for trial is being ignored in a trial. This is discrimination. I don’t know any other way to describe it. If you can discuss ADHD, autism spectrum disorder, anxiety, depression, etc… but can not discuss gender dysphoria. Then this is discrimination. I have ZERO legal experience but it seems like this would be easy to argue in court.
Gary Click would probably argue that since gender dysphoria is a “superstitious religious belief”, then the diagnosis can’t not be admitted in court. He would then say its “superstitious religious belief” because it can’t be detected with blood or DNA tests and it requires a team of medical professionals to diagnosis. This makes it fake according to Gary. Here is a list of other disorders that can not be detected through blood tests: Alzheimer’s, multiple sclerosis, depression, schizophrenia, ADHD and autism. It seems very clear that Gary has not thought this through fully. Even after years of research as he has stated several times.
I’m not sure how this made sense in a logical discussion and how Gary thinks the entire bill will hold up to legal scrutiny. The first section already seems filled with issues.
Let me know your thoughts.