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“My child was number one in the system, and I don’t want any other parent to suffer and go through what I went through.”
These were the words of a heartbroken mother, Abigail Martinez, after her daughter took her own life after years of struggling with her sexual identity and being separated from her mother by the state.
The tragedy of losing her child Yaeli continues to haunt Abigail years later. Abigail is now seeking justice and protection for families facing the same situation.
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Recently, First Liberty Institute filed an amicus brief with the U.S. Supreme Court on Abigail’s behalf, urging the court to grant certification and uphold parental rights in MC and JC v. Indiana Department of Children’s Services. I asked for it. This is a pivotal parental rights case that asks the Supreme Court to review an Indiana decision to remove a child from the home of Christian parents because of their religious beliefs about sex.
Fairfax County Public Schools’ transgender bathroom policy frustrates parents. (Fox News Digital)
MC and JC’s experiences in Indiana have many similarities to the trauma Abigail endured in California, where many states violate parental rights and target people of faith.
During middle school, Yaeli struggled with depression, bullying, and other teenage challenges. At the age of 15, she began to question her own sexuality. At her school, Yaeli was encouraged to join an LGBTQ club without her mother’s knowledge or approval. Her “counselors” were minors like her who were struggling with their sexuality. “You are transgender and the only way to be happy is to change your gender,” she was told.
When Yaeli was 16, she was taken from her home by the parents of a transgender classmate and hid for two days. Her school psychologist brainwashed her into making accusations of abuse (later found to be false), which resulted in Abigail losing custody of her and the state forcing her to have sex without her parents’ consent. I ended up having to pay for conversion treatment.
In keeping with her devout Christian beliefs, Abigail affirmed Yaeli’s God-given sexuality as a woman and begged the judge to treat Yaeli’s severe depression. Instead, her state gave her testosterone and separated her from her mother, the only source of support she could always count on.
During a supervised visit with her daughter, Abigail was prohibited from talking about her faith. Many harsh words of disdain were spoken to Abigail while she was kept away from his daughter.
During one of her regular visits with transgender advocacy group RISE, Abigail was advised to “organize her daughter’s funeral and adopt her son.” They went on to instruct her not to talk about her God, saying, “If you do that, you won’t be able to see her daughter.”
At age 19, struggling emotionally and financially in an independent living situation, Yaeli called the only person who was always there for her: her mother. Abigail dropped everything, took her food, and remained by her side.
But soon after, confused, depressed and alienated from her mother by the government, Yaeli took her own life by kneeling on the tracks in front of an oncoming train.
![“Protect our transgender youth” protesters](https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2022/10/1200/675/trans-youth.jpg?ve=1&tl=1)
Demonstrators supporting the rights of transgender youth. (Fox News)
After Yaeli’s death, the California Department of Children and Family Services ignored all of Abigail’s opinions and religious viewpoints and “aggressively pursued the implementation of inclusive, gender-affirming laws, policies, and support services for LGBTQ+ youth.” I admitted that I did it.
Excluding parents from decision-making regarding their child’s struggles and intentions to undergo a gender reassignment process is a blatant attack on the family structure and a complete disregard for the family’s religious freedom.
To this day, the state has shown no remorse for contributing to Yaeli’s death. Like many government agencies today, we are actually fighting to destroy parent-child relationships.
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In our brief to the Supreme Court, we argue that the First Amendment provides strong religious freedom protections for families who raise children according to their religious beliefs. The state has no authority over the interpretation of those beliefs.
During one of her regular visits with transgender advocacy group RISE, Abigail was advised to “organize her daughter’s funeral and adopt her son.” They went on to instruct her not to talk about her God, saying, “If you do that, you won’t be able to see her daughter.”
In fact, parental rights are closely related to the right to free exercise and are especially powerful for religious families seeking to teach their faith to the next generation. For nearly 100 years, the Supreme Court has reaffirmed America’s enduring tradition of the right of parents to direct their children’s ‘religious education.’
Furthermore, government officials do not have the right to silence views just because they are religious. In Rosenberger v. Chancellor and University Visitors, Virginia, the court held that “the government should refrain from regulating speech when the restriction is based on a particular motivating ideology or the opinions or viewpoints of the speaker.” “Yes,” he concluded. Abigail was prohibited from sharing what she truly believed would bring hope, peace, and comfort to her daughter as she battled depression.
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The Supreme Court now has an opportunity to protect parental rights and religious exercise by affirming its ruling in MC and JC v. Indiana. This would be an important step in ensuring that her parents no longer have to go through the pain that Abigail has endured.
However, the heart broken by this story can only find solace in the arms of God.