In re the Marriage of Magnuson

¶14 (dissenting) — I agree with the majority’s conclusion that the Supreme Court’s reasoning in In re Marriage of Cabalquinto, 100 Wn.2d 325, 669 P.2d 886 (1983) is equally applicable to transgender persons. Cabalquinto held that a trial court cannot restrict a parent’s rights based on sexual orientation, and the majority here extends that holding to transgender persons. See id. at 329. However, the trial court erred by doing exactly what the majority here prohibits—the court awarded primary residential placement to Tracy based on Robbie’s trans*353gender status. This is a manifest abuse of…