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All 11 had found that the condition disappeared in a large majority of the children by the time they hit puberty. The critique is worth reading in full, but a few examples will suffice.įirst, a total of 11 studies had been done on youth with gender dysphoria (formerly gender-identity disorder) by the time the AAP released its statement. It is common for academics to expose flaws in each other’s work, but Cantor’s critique of the AAP is an especially devastating example in this genre. Soon after the AAP guidance came out, James Cantor, a psychologist and researcher in the field of youth sexual development and the expert witness testifying for Alabama in Eknes-Tucker, agreed to fact-check the AAP document. The document’s central argument is that “watchful waiting,” an approach to medical intervention that treats the administration of puberty blockers and cross-sex hormones as a regrettable last resort for youth whose dire mental state does not improve with counselling, is no different than “conversion therapy,” the discredited practice of trying to “convert” gays and lesbians into heterosexuals. In 2018, pediatrician Jason Rafferty and a number of other medical professionals authored a policy document entitled “Ensuring Comprehensive Care for Transgender and Gender-Diverse Children and Adolescents” on behalf of the AAP. Amici’s argument that transgender youth are prone to depression and suicide and that only “gender affirming” interventions can reduce or alleviate their despair rests on policy statements made by these three groups in particular.
#ALABAMA JUDICIAL CONSENT PROFESSIONAL#
Of the 23 medical organizations that signed on to the amicus brief Judge Burke cites, the three most important are the American Academy of Pediatrics (AAP), the Endocrine Society (ES), and the World Professional Association for Transgender Health (WPATH). As with previous lawsuits pertaining to transgenderism, the claims made on behalf of science and medicine weaken as one traces their sources and citations. This medical consensus is a house of cards. Judge Burke rejected Alabama’s claim that pediatric transition medicine is “experimental,” citing the testimony of plaintiffs’ expert witnesses and an amicus brief submitted by 23 medical organizations. First and probably most important is that a broad medical consensus exists in favor of “gender affirming” therapy, at least when used on patients who have been properly vetted by mental health professionals. Judge Burke’s decision rests on three distinct claims.
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If transgender boys really are girls whose insecurities have led them to internalize stereotypes and to want to escape what feels like a confining femininity by crossing to the other side of the gender ledger, then confirming that those insecurities are sound and treating them with drugs and surgeries constitutes an egregious breach of medical ethics. In Eknes-Tucker, by contrast, the question of what makes us male or female, and how the medical establishment should understand and respond to these realities, is more central and harder to ignore.
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Yet Gorsuch went out of his way in that case to clarify that the decision did not turn on whether “sex” meant reproductive traits or a subjective sense of self, and indeed that the Court was willing to assume the conventional definition. Clayton County extending Title VII protection to transgender employees using an “original public meaning” approach. In 2020, another Trump appointee and Federalist Society friend, Supreme Court Justice Neil Gorsuch, wrote the 6–3 opinion in Bostock v. Burke, is a Donald Trump appointee with a history of collaborating with and defending the Federalist Society. What makes Eknes-Tucker especially interesting is that the judge in that case, Liles C. The court issued a preliminary injunction that left the law’s ban on surgeries intact but declared the ban on puberty blockers and cross-sex hormones as very likely unconstitutional. The law bans “gender affirming” therapy for minors-a euphemism for using puberty-blocking drugs, synthetic hormone injections, and surgeries on adolescents who experience distress associated with their sex. Marshal, in which a federal judge blocked key provisions in Alabama’s Vulnerable Child Compassion and Protection Act. Among the most recent examples is Eknes-Tucker v. Transgenderism’s swift march through the institutions has relied heavily on the courts.