Analysis

Courts Agree: Children Cannot Consent To Transgender Procedures

   DailyWire.com
A person holds a transgender pride flag as people gather on Christopher Street outside the Stonewall Inn for a rally to mark the 50th anniversary of the Stonewall Riots in New York, June 28, 2019. - The June 1969 riots, sparked by repeated police raids on the Stonewall Inn -- a well-known gay bar in New York's Greenwich Village -- proved to be a turning point in the LGBTQ community's struggle for civil rights.
ANGELA WEISS/AFP via Getty Images

In the United States, the subject of transgender children is — understandably — a catalyst for intense debate. Across the world as well, countries are experiencing political and cultural battles of their own when it comes to policies surrounding transgenderism. Most recently, three High Court judges in the United Kingdom ruled that “children under 16 with gender dysphoria are unlikely to be able to give informed consent to undergo treatment with puberty-blocking drugs.”

One of the claimants, 23 year-old Keira Bell, was referred to the Tavistock and Portman NHS Trust at the age of 16, and “after three one-hour appointments” was prescribed puberty blockers, and later testosterone. At the age of 20, she had a double mastectomy. Last year, however, Bell decided to begin de-transitioning, saying that “it was heartbreaking to realize I’d gone down the wrong path.” Speaking outside the Royal Courts of Justice, Bell celebrated the ruling, saying that it was “about protecting vulnerable children.”

Known as “Mrs. A,” the second claimant is the “mother of a 15-year-old girl with autism, who is awaiting treatment at the clinic,” and has said her fear isn’t that her daughter transitions, but that “she gets it wrong.”

Dame Victoria Sharp ruled alongside Lord Justice Lewis and Mrs Justice Lieven, saying:

It is highly unlikely that a child aged 13 or under would be competent to give consent to the administration of puberty blockers. It is doubtful that a child aged 14 or 15 could understand and weigh the long-term risks and consequences of the administration of puberty blockers.

With transgenderism becoming somewhat of a cultural norm, this High Court ruling holds implications that span far beyond the United Kingdom. This is because it raises two important issues which are often — intentionally or unintentionally — dismissed.

The first is the fundamental requirement of consent. Across the United States, there are “age of consent” laws for a wide swathe of activities. It is illegal for anyone under the age of 21 to purchase tobacco or alcohol, and all states have statutory laws which requires that any person receiving a tattoo must be at least 16 years old. However, when it comes to the broad act of “gender transitioning,” the idea of informed consent is often ignored. 

When it comes to a child’s self-described gender identity, “doctors and parents of transgender children are embracing their identity as soon it starts becoming obvious, sometimes around age 3.” Across the country, legislative battles are being fought to determine the appropriate age “treatment” can be provided, with prepubescent children undergoing various medical procedures in some states.

On the subject of “offering medical intervention at younger ages,” Dr. Steve Rosenthal said in 2017 that earlier treatment “makes it a lot easier for that person to blend in.” Of course, the second issue raised by the High Court in the United Kingdom is the unavoidable fact that, while treatment may “make it easier to blend in,” much of it is impossible to reverse.

Bell’s double mastectomy at the age of 20, after all, helped her blend in. But now, at the age of 23, her desire to “de-transition” can never undo the consequences of her past decisions. The same is obviously true of many medical procedures, not limited to hormone blockers to “pause” puberty, hormone treatments to “confirm identity,” or “gender reassignment surgery” to irreversibly remove and/or alter the patient’s genitals. 

The United States, and multiple other socially liberal countries across the world, are rapidly approaching a tipping point which can no longer be ignored. Transgenderism, whether viewed as a “normal” aspect of “gender fluidity” or a medical condition known as “gender dysphoria,” is undoubtedly a reality of our world. This truth, however, has no bearing on the fundamental duty our society holds to protect our most vulnerable: children. Such a duty includes preventing children from making decisions they cannot possibly understand fully, and also preventing parents and doctors from making such decisions for their children which can never be undone.

If we continue to bury our heads in the sand and ignore this responsibility, we will soon be facing the possibility of a generation of children who, like Keira Bell, are living a new nightmare. Unfortunately, this time there would be no “convenient” medical escape.

Ian Haworth is host of The Ian Haworth Show and The Truth in 60 Seconds. Follow him on Twitter at @ighaworth.

The views expressed in this opinion piece are the author’s own and do not necessarily represent those of The Daily Wire.

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The Daily Wire   >  Read   >  Courts Agree: Children Cannot Consent To Transgender Procedures