A Ruling from “Across the Pond” Will Have a Ripple Effect

September 19, 2021 |
Tavistock

The Court of Appeal in England has overturned the High Court and ruled in favor of Tavistock, the only gender identity services clinic for people under the age of 18 in the UK. Previously, in a case known as Bell v Tavistock, two plaintiffs — Kiera Bell, an adult who believed they were rushed through the transition process after receiving puberty blockers at 16 and hormone therapy at 18, and the mother of a 17-year-old with autism who doesn’t believe their child is capable of understanding gender — the courts had ruled that youth under 16 must get the court’s approval for any trans-affirming medical care, under the assumption that no one at that age can is capable of offering informed consent to their own healthcare.

This is such incredible news for trans youth and their families, not only for those in England, but everywhere that affirmative healthcare has been politicized. Even while the case was being appealed, the lower court ruling limiting access to care was cited by conservative lawmakers in a dozen states this year as part of their own attempt to criminalize best-practice life-saving care.
 
The ruling today affirms that the decision to start puberty blockers and/or later hormone therapy belongs to trans youth, their families, and the physicians who care for them. No legislator or court should ever insert themselves into such private and personal matters of health.
 
While this was a win on paper, the real win will be when the NHS updates its guidance to again reflect best-practice standards of care — because without that change, a court must still be involved in granting permission for endocrine services — and Tavistock starts scheduling appointments for the trans adolescents and teens who have had their lives placed on hold.
 

Politicizing the bodies of trans people and denying them the ability to make decisions for themselves is oppressive and causes severe trauma. It fuels transphobia in all other areas of life by insinuating that trans people aren’t worthy of autonomy and equal access to services freely offered to the cisgender world. Even with a court win, damage has been done. The lesson for all: when you see transphobia, fight against it. When you see systemic oppression of a group that you are not part of, it’s imperative that you fight against it.

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