Introduction to Family Law Quarterly Volume 55, Number 1 (2021)

• Author: Lisa F. Grumet

vii

Introduction to Family Law Quarterly

Volume 55, Number 1 (2021)

This issue features Exploring Identity, a groundbreaking article on

custody disputes involving transgender or nonbinary children by Professor

Marie-Amélie George of Wake Forest University School of Law. The article

assesses how courts approach conicts between parents who disagree over

whether or how to support children who are exploring their gender identity.

The author reviews scientic literature concerning children and gender

identity, as well as state and local antidiscrimination laws. She shows how

familiarity with the scientic literature is important so that courts do not

make decisions based on incorrect assumptions about gender identity and

childhood development. Furthermore, she discusses custody disputes in

other contexts relating to identity, including race, sexual orientation, and

religion. The article includes tables analyzing custody disputes involving

gender expansive children; biracial or multiracial children; gay, lesbian,

and bisexual children; and children whose parents follow different

religious practices.

Professor George discusses the importance of allowing children to

explore their gender identity. She explains why courts should focus on

providing an opportunity for exploration, rather than seeking to determine

how any particular child may ultimately identify. The author concludes

by recommending that judges support gender identity exploration when

conducting a best interests analysis and that state legislatures amend their

custody determination laws to “explicitly recognize children’s need to

explore their gender identity.” Her discussion, analysis, and extensive

research provide an important resource for family law attorneys, judges,

and policymakers, as well as scholars in this area.

This issue also includes the second-place winner of the ABA Family Law

Section’s 2020 Howard C. Schwab Memorial Essay Contest. Germline

Editing Using CRISPR: Why a Moratorium Is Not the Solution, was

Published in Family Law Quarterly, Volume 55, Number 1, 2021. © 2021 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may

not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.