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Reason
Reason
Eugene Volokh

COVID Vaccination, Gender Fluidity, and Family Law

I don't quite know what to make of all this, but it seems like an interesting case, and I thought I'd pass it along. From Anaya-Alvarado v. Anaya-Alvarado, decided last week by the Nevada Court of Appeals; the ex-wife now "identifies as gender fluid/transgender and prefers masculine or androgynous pronouns" and goes by Jasper and the ex-husband is Carlos. They "were married from 2013 until 2017" and have two children, "S.A., born in 2014, and A.A., born in 2016." Here's an excerpt from the opinion:

After their divorce, the parties filed a joint stipulation and order in October 2017 granting Jasper sole legal and physical custody of the children. Then, in June 2019, the parties filed a joint stipulation and order permitting Jasper and their new husband to relocate to Hampton, Virginia, with the children.

In January 2021, Carlos filed a motion to modify custody that was based, primarily, on his concerns about the children's gender fluidity and Jasper's decision to support the use of some strong psychiatric medications that had been prescribed to S.A. in 2020. {The record reflects that Carlos was aware of the children's gender fluidity before he agreed to the June 2019 stipulation and order.}

On May 16, 2021, the district court entered a temporary order granting Carlos joint legal custody that directed Jasper to "keep [Carlos] apprised of the children's medical treatments." … In the fall of 2021, Jasper and Carlos had a disagreement over whether to vaccinate the children against COVID-19. Jasper wanted to vaccinate the children; Carlos did not. In addition, the controlling June 2019 physical custody order entitled Carlos to parenting time with the children in Las Vegas for Christmas 2021; but Jasper was concerned about the children visiting Carlos and his new wife, … because they were both unvaccinated.

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