Supreme Court of the United States · Official docket →
M. C., et vir v. Indiana Department of Child Services
Paid petition · Court of Appeals of Indiana, No. 22A-JC-49 · judgment October 21, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
M.C. and J.C. are devout Christians who believe that God creates each person as immutably male or female and that, based on those beliefs and scientific evidence, raising their children according to their biological sex is best for them. The Indiana Department of Child Services (“DCS”) initiated an investigation of the Parents’ home because they were not referring to their child, A.C. (a biological male), using a cross-gender name and cross-gender pronouns. (App.127a-128a) (“…She should be in a home where she is excepted [sic] for who she is.”) The trial court then removed A.C. from the Parents’ custody —and never returned A.C. to their home—even after DCS voluntarily dismissed all allegations of neglect and abuse against them. The trial court also barred M.C. and J.C. from speaking to A.C. about the entire topic of sex and gender while allowing and even requiring speech from an opposite viewpoint. Despite acknowledging that the Parents here are fit parents, the Indiana Court of Appeals astonishingly upheld the removal of A.C. from the Parents’ home and determined that the trial court’s orders barring the Parents’ speech were permissible prior restraints. See Troxel v. Granville, 530 U.S. 57, 68 (2000) (plurality opin ion); see Reed v. Town of Gilbert, Ariz., 576 U.S. 155, 163 (2015). The Indiana Supreme Court denied the Parents’ Petition to Transfer. The questions presented are: 1. Whether a prior restraint barring a religious parent’s speech about the topic of sex and gender with their child while allowing and even requiring speech on the same topic from a different viewpoint violates
Counsel of record
For petitioner
Joshua David Hershberger
Hershberger Law Office
For respondent
James Allen Barta
Office of the Indiana Attorney General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 merits
(2 supporting pet./neither)
Linked docket
23M30, 23A32
Proceedings
- Mar 18 2024Motion for leave to file amicus brief filed by Abigail Martinez DENIED.
- Mar 18 2024Petition DENIED.
- Feb 21 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 15 2024Reply of petitioners M. C. and J. C. filed.
- Feb 01 2024Brief of respondent Indiana Department of Child Services in opposition filed.
- Dec 08 2023Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2024.
- Dec 07 2023Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
- Nov 30 2023Response Requested. (Due January 2, 2024)
- Nov 29 2023Brief amicus curiae of Heritage Defense Foundation filed.
- Nov 29 2023Brief amici curiae of Advancing American Freedom, Inc., et al. filed.
- Nov 29 2023Motion for leave to file amicus brief filed by Abigail Martinez.
- Nov 21 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 16 2023Waiver of right of respondent Indiana Department of Child Services to respond filed.
- Oct 30 2023Motion (23M30) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Oct 04 2023MOTION (23M30) DISTRIBUTED for Conference of 10/27/2023.
- Sep 25 2023Motion (23M30) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Sep 25 2023Petition for a writ of certiorari filed. (Response due November 29, 2023)
- Jul 14 2023Application (23A32) granted by Justice Barrett extending the time to file until September 24, 2023.
- Jul 10 2023Application (23A32) to extend the time to file a petition for a writ of certiorari from July 26, 2023 to September 24, 2023, submitted to Justice Barrett.