St. John's University School of Law St. John's Law Scholarship Repository Faculty Publications 2008 The Culture Differential in Parental Autonomy Elaine M. Chiu St. John's University School of Law Follow this and additional works at: https://scholarship.law.stjohns.edu/faculty_publications Part of the Family Law Commons, and the Law and Society Commons This Article is brought to you for free and open access by St. John's Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of St. John's Law Scholarship Repository. For more information, please contact
[email protected]. The Culture Differential in Parental Autonomy Elaine M. Chiu* When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions are strikingly similar. For example, breast implant procedures, intersex surgeries, and the administration of growth hormones are arguably analogous to female genital surgeries, and yet they are severely under regulated. The result is a differential in the autonomy of parents that is explained more by cultural differences than by an objective interest in the protection of children.