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 the Free Speech or Free Exercise clause of the First Amendment

QUESTIONS 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 opinion); 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 ii the Free Speech or Free Exercise clause of the First Amendment. 2. Whether a trial court's order removing a child from fit parents without a particularized finding of neglect or abuse violates their right to the care, custody, and control of their child under the Fourteenth Amendment.