So what happened today in the UK with trans legal rights and why does it matter? Some quick thoughts!
As part of a well-funded global movement attacking trans people, our bodies, our rights, and our healthcare, a challenge was filed to try to stop the National Health Service’s ability to provide gender-affirming care for trans minors.
Last year, a High Court decision in the UK effectively put a halt to care for trans minors across England and Wales. The decision claimed that gender-affirming care warranted unique intervention by the courts.
The court had found that trans minors do not have the capacity to consent to gender-affirming care. The decision was weaponized and leveraged in fights across the US and around the world.
State legislatures repeatedly cited to the decision in Bell v. Tavistock in support of bans on care for trans minors here in the US. In defense of their law banning care, Arkansas repeatedly cited to the High Court decision in Tavistock in court.
The appeals court admonished the lower court for applying wholly anomalous rules and standards and reversed the decision in its entirety.
Today the court also admonished the lower court for admitting “expert” testimony without following the rules and in a fashion that was wholly argumentative.
All the care that trans youth receive is routinely provided to cis people for comparable reasons. It is also provided pursuant to well-established and rigorous medical guidelines. In many cases it is almost impossible for youth to obtain the care.
For all the claims that our care and our lives are experimental or dangerous, there are decades of evidence and experience showing exactly the opposite.
We thrive when we are affirmed and given latitude to follow our paths toward self-actualization.
Thank you to everyone across the UK and around the world who fought for today’s outcome. It is not the end of this fight but it is a huge win and I celebrate with all of you.
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Flying down to Arkansas for court on Wednesday in @ACLU's challenge to the state's prohibition on gender-affirming care for trans minors. Here are some things that the state and its experts argue in defense of the law (with fact checks):
That most trans kids ultimately "desist" and end up cis.
FACT CHECK: Nope. They are distorting data about pre-pubertal kids (and that data is also flawed). But once reaching puberty, almost no trans-identified minors ultimately come to identify as cis.
That gender-affirmation makes kids trans.
FACT CHECK: Nope. You can't make someone trans and you definitely can't make them cis by denying affirmation.
Arkansas's HB1570, which could become law next week, is unlike any piece of anti-trans legislation that has ever become law in the United States. It will strip kids of their needed health care and prohibit insurance coverage for trans people of all ages.
If it becomes law, it will likely set off a chain reaction and could encourage Alabama to pass it's FELONY ban on health care for trans youth (SB10/HB1), which could be voted on next week as well.
I don't know what to say at this point. We are talking about cutting cuts off from ongoing treatment that we know to save their lives. We are talking about embedding in law the policy norm that being trans should be prevented.