Liberty Justice Center Urges Supreme Court to Protect Parents’ Right to Challenge Washington’s Runaway-Child Laws

September 16, 2026

Washington cannot exclude parents from critical decisions about their children and then deny them access to federal court

WASHINGTON | Sept. 16, 2026—The Liberty Justice Center’s PARENTS Initiative, together with the Defense of Freedom Institute for Policy Studies, filed an amicus brief in International Partners for Ethical Care, Inc. v. Ferguson on September 15, 2026 urging the U.S. Supreme Court to hold that parents have standing to challenge government policies that displace their authority over their minor children.

The case challenges three Washington laws that allow licensed youth shelters to notify the state rather than the parents when a runaway minor is seeking or receiving “protected health care services,” including “gender-affirming treatment.” The laws also permit certain minors to stay in licensed shelters for up to 90 days without parental permission or notification.

The parent petitioners allege that Washington’s laws interfere with their fundamental right to direct the upbringing and medical care of their children. But the U.S. Court of Appeals for the Ninth Circuit held that the parents lacked standing because their alleged injuries were insufficient or speculative. The Supreme Court granted review on June 29 and has scheduled oral argument for Dec. 7.

The Liberty Justice Center’s brief argues that the Ninth Circuit misapplied Article III standing doctrine. When the government directly invades a parents’ constitutionally protected authority over their own children, that invasion is itself a concrete injury they may challenge in federal court.

“Parents should not have to clear judicially created hurdles to challenge a law that directly infringes upon their fundamental right to raise their own children,” said Katie Cosgrove, counsel for the Liberty Justice Center’s PARENTS Initiative. “The moment the government invades the constitutionally protected relationship between parent and child, the courthouse doors must open.”

This issue has consequences far beyond Washington. Across the country, parents have faced policies that withhold information about a child’s social transition at school or otherwise exclude them from decisions concerning their children. Courts have often declined to reach the merits of these challenges, holding that parents lack standing unless they can show that a policy has already been applied to their own child. LJC’s brief argues that this approach creates a procedural barrier that shields government policies from constitutional scrutiny. The Supreme Court should clarify that parents whose authority is directly displaced by the state may seek relief in federal court.

Through its PARENTS Initiative, LJC defends parental rights nationwide. In California, LJC is  challenging legislation that bars school districts from requiring parental notification when a student requests to socially transition at school, while also defending parental-notification policies already in place. In Oregon, LJC is representing a mother who was barred from her child’s school after asking questions about its gender-identity policies.

The Liberty Justice Center will continue working to protect parents’ constitutional rights and to make certain their access to information about their children is never restricted.

The Liberty Justice Center’s amicus brief in International Partners for Ethical Care, Inc. v. Ferguson is available here.

Additional information regarding LJC’s PARENTS Initiative is available here.

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